49-U.S.C.-21105
§21105 – Limitations On Duty Hours of Dispatching Service Employees
Pathway
Title 49 > Subtitle V > Part A > Chapter 211 > Section 21105
Details
- Reference: Section 21105
- Legend: §21105 – Limitations On Duty Hours of Dispatching Service Employees
- USCode Year: 2013
Provision Content
(a) Application.—This section applies, rather than section 21103 or 21104 of this title, to a train employee or signal employee during any period of time the employee is performing duties of a dispatching service employee.
(b) General.—Except as provided in subsection (d) of this section, a dispatching service employee may not be required or allowed to remain or go on duty for more than—
(1) a total of 9 hours during a 24-hour period in a tower, office, station, or place at which at least 2 shifts are employed; or
(2) a total of 12 hours during a 24-hour period in a tower, office, station, or place at which only one shift is employed.
(c) Determining Time on Duty.—Under subsection (b) of this section, time spent performing any other service for the railroad carrier during a 24-hour period in which the employee is on duty in a tower, office, station, or other place is time on duty in that tower, office, station, or place.
(d) Emergencies.—When an emergency exists, a dispatching service employee may be allowed to remain or go on duty for not more than 4 additional hours during a period of 24 consecutive hours for not more than 3 days during a period of 7 consecutive days.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 890.)
| Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21105(a) | 45:62(d). | Mar. 4, 1907, ch. 2939, §2(d), 34 Stat. 1416; restated Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 464. |
| 45:63a(e). | Mar. 4, 1907, ch. 2939, 34 Stat. 1415, §3A(e); added July 8, 1976, Pub. L. 94–348, §4(d), 90 Stat. 819. | |
| 21105(b) | 45:63(a). | Mar. 4, 1907, ch. 2939, §3, 34 Stat. 1416; May 4, 1916, ch. 109, §1, 39 Stat. 61; Aug. 14, 1957, Pub. L. 85–135, §2, 71 Stat. 352; restated Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 464; June 22, 1988, Pub. L. 100–342, §16(3), 102 Stat. 635. |
| 21105(c) | 45:63(b). | |
| 21105(d) | 45:63(c). |
In this section, the words dispatching service employee are substituted for operator, train dispatcher, or other employee who by the use of the telegraph, telephone, radio, or any other electrical or mechanical device dispatches, reports, transmits, receives, or delivers orders pertaining to or affecting train movements in 45:63(a), employee . . . on duty in a class of service . . . described in paragraph (1) or (2) of such subsection in 45:63(b), and employees named in such subsection in 45:63(c) because of the definition of dispatching service employee in section 21101 of the revised title.
In subsection (a), the words This section applies, rather than section 21103 or 21104 of this title are substituted for The provisions of this section shall not apply because of the restatement. The words train employee are substituted for employee in 45:62(d), and the words signal employee are substituted for individual in 45:63a(e), for consistency in this chapter and because of the definitions of signal employee and train employee in section 21101 of the revised title. The words during any period of time the employee is performing duties of a dispatching service employee are substituted for during such period of time as the provisions of section 63 of this title apply to his duty and off-duty periods in 45:62(d) and 63a(e) for clarity.
In subsection (b), before clause (1), the words a total of are substituted for whether consecutive or in the aggregate to eliminate unnecessary words.
In subsection (c), the words a tower, office, station, or other place are substituted for a place, described in paragraph (1) or (2) of such subsection for clarity.
In subsection (d), the words When an emergency exists are substituted for in case of emergency for consistency in this chapter.
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