I
111th CONGRESS
2d Session
H. R. 6519
IN THE HOUSE OF REPRESENTATIVES
December 14, 2010
Mr. Oberstar introduced the following bill; which was referred to the Committee on Transportation and Infrastructure
A BILL
To amend title 49, United States Code, with respect to hours of service rules for railroad employees.
Short title
This Act may be cited as the
Railroad Hours of Service Act of
2010
.
Redesignations
Chapter 211 of title 49, United States Code, is amended by redesignating sections 21101 through 21109 as sections 21102 through 21110, respectively.
Purpose
Chapter 211 of title 49, United States Code, is further amended by inserting before section 21102 (as so redesignated by section 2 of this Act) the following:
Purpose
Railroad employees covered by this chapter shall be provided predictable and defined work and rest periods.
.
Definitions
Section 21102 (as so redesignated by section 2 of this Act) of chapter 211 of title 49, United States Code, is amended—
in paragraph (5),
by inserting and yardmaster employee
before the period; and
by adding at the end the following:
yardmaster employee
means an
employee who supervises and coordinates the activities of workers engaged in
railroad traffic operations, including making up or breaking up trains and
switching inbound or outbound
traffic.
.
Nonapplication, exemption, and alternate hours of service regime
Section 21103(c) (as so redesignated by section 2 of this Act) of chapter 211 of title 49, United States Code is amended—
in paragraph
(1)(A), by striking 21109(b)
and inserting
21110(b)
;
in paragraph (3), by striking
21109(b)
and inserting 21110(b)
;
by striking subparagraph (C) of paragraph (4);
by redesignating subparagraph (D) of paragraph (4) as subparagraph (B); and
by striking
new section 21103
each place it appears and inserting
section 21104
.
Limitations on duty hours of train employees
Section 21104 (as so redesignated by section 2 of this Act) of chapter 211 of title 49, United States Code, is amended—
in subsection (a)—
in paragraph (3)—
by
striking remain or go on duty unless
and inserting
initiate an on duty period unless
; and
by
striking during the prior 24 hours; or
and inserting
immediately prior to going on duty; or
;
in paragraph (4)(A)—
in
clause (i), by striking work
and inserting initiate an on
duty period
; and
in
clause (ii), by striking works
and inserting initiates an
on duty period on
; and
in the matter
after paragraph (4) by inserting For purposes of paragraph (4)(A) and
(B), within 12 months after the date of enactment of the
Railroad Hours of Service Act of
2010, the Secretary shall prescribe regulations to require all
deadhead transportation in excess of a specific number of hours to be counted
as time on duty and shall reset the calendar day clock.
before
The Secretary may waive
;
in subsection
(b)(7), by striking when the employee is prevented
and all that
follows through employee left the designated terminal.
and
inserting . A train employee shall be notified before going off duty
whether such period off duty is an interim release.
; and
in subsection (c)(1)—
in subparagraph
(A)(ii), by striking and
at the end;
in subparagraph
(B)(ii), by striking 21109.
and inserting 21110;
and
; and
by adding at the end the following new subparagraph:
to exceed 2 hours in deadhead transportation per each tour of duty.
.
Limitations on duty hours of signal employees
Section 21105 (as so redesignated by section 2 of this Act) of chapter 211 of title 49, United States Code, is amended—
in subsection (b)(2), by inserting ,
including all work where there is a potential to interact or otherwise come
into contact with safety-critical devices or circuits,
before is
time on duty
;
in subsection (e),
by adding at the end the following: Signal employees operating motor
vehicles requiring a commercial driver’s license while on duty shall be
considered covered service.
; and
by adding at the end the following new subsection:
Safety-Critical devices or circuits
Time on duty shall include all work where there is a potential to interact or otherwise come into contact with safety-critical devices or circuits.
.
Limitations on duty hours of dispatching service employees and yardmaster employees
Section 21106 (as so redesignated by section 2 of this Act) of chapter 211 of title 49, United States Code, is amended—
in the section
heading by inserting and
yardmaster employees
after service employees
;
in subsection (a)—
by striking
21103 or 21104
and inserting 21104 or 21105
;
and
by inserting
or yardmaster employee
after service
employee
;
in subsection (b),
by inserting or yardmaster employee
after a dispatching
service employee
;
in subsection (c),
by adding at the end the following: All commingle service involving
yardmaster service and dispatcher service mixing with freight service shall be
covered under the provisions of section 21104.
; and
in subsection (d),
by inserting or yardmaster employee
after dispatching
service employee
.
Clerical amendment
Chapter 211 of title 49, United States Code, is further amended by amending the table of sections at the beginning of the chapter to read as follows:
Sec.
21101. Purpose.
21102. Definitions.
21103. Nonapplication, exemption, and alternate hours of service regime.
21104. Limitations on duty hours of train employees.
21105. Limitations on duty hours of signal employees.
21106. Limitations on duty hours of dispatching service employees and yardmaster employees.
21107. Limitations on employee sleeping quarters.
21108. Maximum duty hours and subjects of collective bargaining.
21109. Pilot projects.
21110. Regulatory authority.
.