CHAPTER 211 —HOURS OF SERVICE
Editorial Notes
Amendments
2008—
1994—
§21101. Definitions
In this chapter—
(1) "designated terminal" means the home or away-from-home terminal for the assignment of a particular crew.
(2) "dispatching service employee" means an operator, train dispatcher, or other train employee who by the use of an electrical or mechanical device dispatches, reports, transmits, receives, or delivers orders related to or affecting train movements.
(3) "employee" means a dispatching service employee, a signal employee, or a train employee.
(4) "signal employee" means an individual who is engaged in installing, repairing, or maintaining signal systems.
(5) "train employee" means an individual engaged in or connected with the movement of a train, including a hostler.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21101(1) | 45:61(b)(4) (1st sentence). | Mar. 4, 1907, ch. 2939, |
| 21101(2)–(4) | (no source). | |
| 21101(5) | 45:61(b)(2). | Mar. 4, 1907, ch. 2939, §1(b)(2), |
Clause (2) is added to avoid the necessity of repeating the substance of the definition every time a "dispatching service employee" is referred to in this chapter. The language in clause (2) is derived from 45:63.
Clause (3) is added to provide a definition of "employee" when the source provisions apply to all types of employees covered by this chapter.
Clause (4) is added to avoid the necessity of repeating the substance of the definition every time a "signal employee" is referred to in this chapter. The language in clause (4) is derived from 45:63a.
In clause (5), the words "train employee" are substituted for "employee" to distinguish the term from the terms "dispatching service employee" and "signal employee". The word "actually" is omitted as surplus.
Editorial Notes
Amendments
2008—Par. (4).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Record Keeping and Reporting
"(1)
"(A) to adjust record keeping and reporting requirements to support compliance with
"(B) to authorize electronic record keeping, and reporting of excess service, consistent with appropriate considerations for user interface; and
"(C) to require training of affected employees and supervisors, including training of employees in the entry of hours of service data.
"(2)
§21102. Nonapplication, exemption, and alternate hours of service regime
(a)
(1) a casualty.
(2) an unavoidable accident.
(3) an act of God.
(4) a delay resulting from a cause unknown and unforeseeable to a railroad carrier or its officer or agent in charge of the employee when the employee left a terminal.
(b)
(c)
(1) When providing commuter rail passenger transportation or intercity rail passenger transportation, the limitations on duty hours for train employees of railroad carriers, including public authorities operating passenger service, shall be solely governed by old section 21103 until the earlier of—
(A) the effective date of regulations prescribed by the Secretary under
(B) the date that is 3 years following the date of enactment of the Rail Safety Improvement Act of 2008.
(2) After the date on which old section 21103 ceases to apply, pursuant to paragraph (1), to the limitations on duty hours for train employees of railroad carriers with respect to the provision of commuter rail passenger transportation or intercity rail passenger transportation, the limitations on duty hours for train employees of such railroad carriers shall be governed by new section 21103, except as provided in paragraph (3).
(3) After the effective date of the regulations prescribed by the Secretary under
(A) comply with the limitations on duty hours for train employees with respect to the provision of commuter rail passenger transportation or intercity rail passenger transportation as prescribed by such regulations; and
(B) be exempt from complying with the provisions of old section 21103 and new section 21103 for such employees.
(4) In this subsection:
(A) The terms "commuter rail passenger transportation" and "intercity rail passenger transportation" have the meaning given those terms in
(C) 1 The term "new section 21103" means
(D) The term "old section 21103" means
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21102(a) | 45:63a(d) (related to 45:64a). | Mar. 4, 1907, ch. 2939, |
| 45:64a(d). | Mar. 4, 1907, ch. 2939, §5(d), |
|
| 21102(b) | 45:63a(d) (related to 45:64a). | |
| 45:64a(e). | Mar. 4, 1907, ch. 2939, §5(e), |
In subsection (b), the words "with respect to one or more of its employees" are omitted as surplus because the authority to exempt a railroad carrier includes the authority to exempt only some of the employees of the carrier. The words "carrier to require or allow its employees to be on duty" are substituted for "any railroad described in this section to work its employees" for clarity and consistency in this chapter.
Editorial Notes
References in Text
The Rail Safety Improvement Act of 2008, referred to in subsec. (c)(1)(B), (4)(C), (D), is div. A of
Amendments
2008—
Subsec. (c).
1 So in original. No subpar. (B) has been enacted.
§21103. Limitations on duty hours of train employees
(a)
(1) remain on duty, go on duty, wait for deadhead transportation, be in deadhead transportation from a duty assignment to the place of final release, or be in any other mandatory service for the carrier in any calendar month where the employee has spent a total of 276 hours—
(A) on duty;
(B) waiting for deadhead transportation, or in deadhead transportation from a duty assignment to the place of final release; or
(C) in any other mandatory service for the carrier;
(2) remain or go on duty for a period in excess of 12 consecutive hours;
(3) remain or go on duty unless that employee has had at least 10 consecutive hours off duty during the prior 24 hours; or
(4) remain or go on duty after that employee has initiated an on-duty period each day for—
(A) 6 consecutive days, unless that employee has had at least 48 consecutive hours off duty at the employee's home terminal during which time the employee is unavailable for any service for any railroad carrier except that—
(i) an employee may work a seventh consecutive day if that employee completed his or her final period of on-duty time on his or her sixth consecutive day at a terminal other than his or her home terminal; and
(ii) any employee who works a seventh consecutive day pursuant to subparagraph (i) shall have at least 72 consecutive hours off duty at the employee's home terminal during which time the employee is unavailable for any service for any railroad carrier; or
(B) except as provided in subparagraph (A), 7 consecutive days, unless that employee has had at least 72 consecutive hours off duty at the employee's home terminal during which time the employee is unavailable for any service for any railroad carrier, if—
(i) for a period of 18 months following the date of enactment of the Rail Safety Improvement Act of 2008, an existing collective bargaining agreement expressly provides for such a schedule or, following the expiration of 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, collective bargaining agreements entered into during such period expressly provide for such a schedule;
(ii) such a schedule is provided for by a pilot program authorized by a collective bargaining agreement; or
(iii) such a schedule is provided for by a pilot program under
The Secretary may waive paragraph (4), consistent with the procedural requirements of section 20103, if a collective bargaining agreement provides a different arrangement and such an arrangement is in the public interest and consistent with railroad safety.
(b)
(1) Time on duty begins when the employee reports for duty and ends when the employee is finally released from duty.
(2) Time the employee is engaged in or connected with the movement of a train is time on duty.
(3) Time spent performing any other service for the railroad carrier during a 24-hour period in which the employee is engaged in or connected with the movement of a train is time on duty.
(4) Time spent in deadhead transportation to a duty assignment is time on duty, but time spent in deadhead transportation from a duty assignment to the place of final release is neither time on duty nor time off duty.
(5) An interim period available for rest at a place other than a designated terminal is time on duty.
(6) An interim period available for less than 4 hours rest at a designated terminal is time on duty.
(7) An interim period available for at least 4 hours rest at a place with suitable facilities for food and lodging is not time on duty when the employee is prevented from getting to the employee's designated terminal by any of the following:
(A) a casualty.
(B) a track obstruction.
(C) an act of God.
(D) a derailment or major equipment failure resulting from a cause that was unknown and unforeseeable to the railroad carrier or its officer or agent in charge of that employee when that employee left the designated terminal.
(c)
(1) A railroad carrier may not require or allow an employee—
(A) to exceed a total of 40 hours per calendar month spent—
(i) waiting for deadhead transportation; or
(ii) in deadhead transportation from a duty assignment to the place of final release,
following a period of 12 consecutive hours on duty that is neither time on duty nor time off duty, not including interim rest periods, during the period from the date of enactment of the Rail Safety Improvement Act of 2008 to one year after such date of enactment; and
(B) to exceed a total of 30 hours per calendar month spent—
(i) waiting for deadhead transportation; or
(ii) in deadhead transportation from a duty assignment to the place of final release,
following a period of 12 consecutive hours on duty that is neither time on duty nor time off duty, not including interim rest periods, during the period beginning one year after the date of enactment of the Rail Safety Improvement Act of 2008 except that the Secretary may further limit the monthly limitation pursuant to regulations prescribed under section 21109.
(2) The limitations in paragraph (1) shall apply unless the train carrying the employee is directly delayed by—
(A) a casualty;
(B) an accident;
(C) an act of God;
(D) a derailment;
(E) a major equipment failure that prevents the train from advancing; or
(F) a delay resulting from a cause unknown and unforeseeable to a railroad carrier or its officer or agent in charge of the employee when the employee left a terminal.
(3) Each railroad carrier shall report to the Secretary, in accordance with procedures established by the Secretary, each instance where an employee subject to this section spends time waiting for deadhead transportation or in deadhead transportation from a duty assignment to the place of final release in excess of the requirements of paragraph (1).
(4) If—
(A) the time spent waiting for deadhead transportation or in deadhead transportation from a duty assignment to the place of final release that is not time on duty, plus
(B) the time on duty,
exceeds 12 consecutive hours, the railroad carrier and its officers and agents shall provide the employee with additional time off duty equal to the number of hours by which such sum exceeds 12 hours.
(d)
(e)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21103(a) | 45:62(a)(1), (2). | Mar. 4, 1907, ch. 2939, §2(a)(1), (2), |
| 21103(b) | 45:61(b)(3). | Mar. 4, 1907, ch. 2939, §§1(b)(3), 2(b), |
| 45:61(b)(4) (last sentence). | Mar. 4, 1907, ch. 2939, |
|
| 45:62(b). | ||
| 21103(c) | 45:62(c). | Mar. 4, 1907, ch. 2939, §2(c), |
In subsection (a), before clause (1), the words "Except as provided in subsection (c) of this section" are added to alert the reader to the exception restated in subsection (c). The words "train employee" are substituted for "employee" because of the definition of "train employee" in section 21101 of the revised title. In clause (2), the words "12 consecutive hours" are substituted for "continuously . . . fourteen hours" and "except that, effective upon the expiration of the two-year period beginning on the effective date of this paragraph, such fourteen-hour duty period shall be reduced to twelve hours" because the 2-year period has ended.
In subsection (b), the words before paragraph (1) are added as related to 45:61(b)(3) and (4) (last sentence) and substituted for "In determining, for the purposes of subsection (a), the number of hours an employee is on duty" in 45:62(b) for clarity. In paragraphs (2) and (3), the word "actually" is omitted as surplus. In paragraph (4), the words "neither time on duty nor time off duty" are substituted for "time off duty" for clarity and consistency with the source provisions restated in 21104(b)(3) and (4) of the revised title. In paragraph (7), before clause (A), the words "between designated terminals" are omitted as surplus. The text of 45:61(b)(3)(E) is omitted as surplus because of the restatement.
In subsection (c), the words "A train employee on" are added for consistency in this section. The word "actual" is omitted as surplus.
Editorial Notes
References in Text
The date of enactment of the Rail Safety Improvement Act of 2008, referred to in subsecs. (a)(4)(B)(i) and (c)(1), is the date of enactment of div. A of
Amendments
2008—Subsec. (a).
"(1) unless that employee has had at least 8 consecutive hours off duty during the prior 24 hours; or
"(2) after that employee has been on duty for 12 consecutive hours, until that employee has had at least 10 consecutive hours off duty."
Subsecs. (c), (d).
Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment by
§21104. Limitations on duty hours of signal employees
(a)
(1) for a period in excess of 12 consecutive hours; or
(2) unless that employee has had at least 10 consecutive hours off duty during the prior 24 hours.
(b)
(1) Time on duty begins when the employee reports for duty and ends when the employee is finally released from duty.
(2) Time spent performing any other service for the railroad carrier during a 24-hour period in which the employee is engaged in installing, repairing, or maintaining signal systems is time on duty.
(3) Time spent returning from a trouble call, whether the employee goes directly to the employee's residence or by way of the employee's headquarters, is neither time on duty nor time off duty.
(4) If, at the end of scheduled duty hours, an employee has not completed the trip from the final outlying worksite of the duty period to the employee's headquarters or directly to the employee's residence, the time after the scheduled duty hours necessarily spent in completing the trip to the residence or headquarters is neither time on duty nor time off duty.
(5) If an employee is released from duty at an outlying worksite before the end of the employee's scheduled duty hours to comply with this section, the time necessary for the trip from the worksite to the employee's headquarters or directly to the employee's residence is neither time on duty nor time off duty.
(6) Time spent in transportation on an ontrack vehicle, including time referred to in paragraphs (3)–(5) of this subsection, is time on duty.
(7) A regularly scheduled meal period or another release period of at least 30 minutes but not more than one hour is time off duty and does not break the continuity of service of the employee under this section, but a release period of more than one hour is time off duty and does break the continuity of service.
(c)
(d)
(e)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21104(a) | 45:63a(a) (1st sentence). | Mar. 4, 1907, ch. 2939, |
| 45:63a(a) (2d–last sentences). | Mar. 4, 1907, ch. 2939, |
|
| 21104(b) | 45:63a(b). | |
| 45:63a(c). | Mar. 4, 1907, ch. 2939, |
|
| 21104(c) | 45:63a(f). | Mar. 4, 1907, ch. 2939, |
In this section, the words "signal employee" are substituted for "an individual employed by the railroad who is engaged in installing, repairing or maintaining signal systems" and "an individual described in paragraph (1)" in 45:63a(a), "individual" in 45:63a(b) and (c), and "individual engaged in installing, repairing, or maintaining signal systems" in 45:63a(f) because of the definition of "signal employee" in section 21101 of the revised title.
Subsection (a)(1) is substituted for 45:63a(a) (last sentence) for clarity and because of the restatement.
In subsection (a)(2), before clause (A), the words "Except as provided in subsection (c) of this section" are added to alert the reader to the exception restated in subsection (c). The text of 45:63a(a) (2d sentence) is omitted as surplus.
In subsection (b), the words before paragraph (1) are added as related to 45:63a(c) and substituted for "In determining for the purposes of subsection (a) of this section the number of hours an individual is on duty" for clarity. In paragraph (2), the word "actually" is omitted as surplus.
In subsection (c), the word "actual" is omitted as surplus.
Editorial Notes
Amendments
2008—Subsec. (a).
Subsec. (b)(3).
Subsec. (c).
Subsecs. (d), (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment by
§21105. Limitations on duty hours of dispatching service employees
(a)
(b)
(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)
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21105(a) | 45:62(d). | Mar. 4, 1907, ch. 2939, §2(d), |
| 45:63a(e). | Mar. 4, 1907, ch. 2939, |
|
| 21105(b) | 45:63(a). | Mar. 4, 1907, ch. 2939, §3, |
| 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
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.
§21106. Limitations on employee sleeping quarters
(a)
(1) may provide sleeping quarters (including crew quarters, camp or bunk cars, and trailers) for employees, and any individuals employed to maintain the right of way of a railroad carrier, only if the sleeping quarters are clean, safe, and sanitary, give those employees and individuals an opportunity for rest free from the interruptions caused by noise under the control of the carrier, and provide indoor toilet facilities, potable water, and other features to protect the health of employees; and
(2) may not begin, after July 7, 1976, construction or reconstruction of sleeping quarters referred to in clause (1) of this section in an area or in the immediate vicinity of an area, as determined under regulations prescribed by the Secretary of Transportation, in which railroad switching or humping operations are performed.
(b)
(c)
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21106 | 45:62(a)(3), (4). | Mar. 4, 1907, ch. 2939, |
| 45:62(e). | Mar. 4, 1907, ch. 2939, |
|
| 45:63a(d) (related to 45:62(a)(3)). | Mar. 4, 1907, ch. 2939, |
In this section, before clause (1), the words "and any individuals employed to maintain the right of way of a railroad carrier" are substituted for 45:62(e) because of the restatement.
Editorial Notes
Amendments
2008—
§21107. Maximum duty hours and subjects of collective bargaining
The number of hours established by this chapter that an employee may be required or allowed to be on duty is the maximum number of hours consistent with safety. Shorter hours of service and time on duty of an employee are proper subjects for collective bargaining between a railroad carrier and its employees.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21107 | 45:63a(d) (related to 45:64). | Mar. 4, 1907, ch. 2939, |
| 45:64. | Mar. 4, 1907, ch. 2939, §4, |
§21108. Pilot projects
(a)
(1) a waiver of compliance with this chapter as in effect on the date of enactment of the Rail Safety Improvement Act of 2008; or
(2) a waiver of compliance with this chapter as it will be effective 9 months after the enactment of the Rail Safety Improvement Act of 2008,
to enable the establishment of one or more pilot projects to demonstrate the possible benefits of implementing alternatives to the strict application of the requirements of this chapter, including requirements concerning maximum on-duty and minimum off-duty periods.
(b)
(c)
(d)
(1) explains and analyzes the effectiveness of any pilot project established pursuant to a waiver granted under subsection (a);
(2) describes the status of all other waivers granted under subsection (a) and their related pilot projects, if any; and
(3) recommends any appropriate legislative changes to this chapter.
(e)
(Added
Editorial Notes
References in Text
The date of enactment of the Rail Safety Improvement Act of 2008, referred to in subsec. (a), is the date of enactment of div. A of
Amendments
2008—
§21109. Regulatory authority
(a)
(1) to reduce the maximum hours an employee may be required or allowed to go or remain on duty to a level less than the level established under this chapter;
(2) to increase the minimum hours an employee may be required or allowed to rest to a level greater than the level established under this chapter;
(3) to limit or eliminate the amount of time an employee spends waiting for deadhead transportation or in deadhead transportation from a duty assignment to the place of final release that is considered neither on duty nor off duty under this chapter;
(4) for signal employees—
(A) to limit or eliminate the amount of time that is considered to be neither on duty nor off duty under this chapter that an employee spends returning from an outlying worksite after scheduled duty hours or returning from a trouble call to the employee's headquarters or directly to the employee's residence; and
(B) to increase the amount of time that constitutes a release period, that does not break the continuity of service and is considered time off duty; and
(5) to require other changes to railroad operating and scheduling practices, including unscheduled duty calls, that could affect employee fatigue and railroad safety.
(b)
(c)
(d)
(1) If the Secretary determines that regulations are necessary under subsection (a), the Secretary shall first request that the Railroad Safety Advisory Committee develop proposed regulations and, if the Committee accepts the task, provide the Committee with a reasonable time period in which to complete the task.
(2) If the Secretary requests that the Railroad Safety Advisory Committee accept the task of developing regulations under subsection (b) and the Committee accepts the task, the Committee shall reach consensus on the rulemaking within 18 months after accepting the task. If the Committee does not reach consensus within 18 months after the Secretary makes the request, the Secretary shall prescribe appropriate regulations within 18 months.
(3) If the Secretary does not request that the Railroad Safety Advisory Committee accept the task of developing regulations under subsection (b), the Secretary shall prescribe regulations within 3 years after the date of enactment of the Rail Safety Improvement Act of 2008.
(e)
(1)
(A) A pilot project at a railroad or railroad facility to evaluate the efficacy of communicating to employees notice of their assigned shift time 10 hours prior to the beginning of their assigned shift as a method for reducing employee fatigue.
(B) A pilot project at a railroad or railroad facility to evaluate the efficacy of requiring railroads who use employee scheduling practices that subject employees to periods of unscheduled duty calls to assign employees to defined or specific unscheduled call shifts that are followed by shifts not subject to call, as a method for reducing employee fatigue.
(2)
(f)
(Added
Editorial Notes
References in Text
The date of enactment of the Rail Safety Improvement Act of 2008, referred to in subsecs. (b), (d)(3), and (e)(1), is the date of enactment of div. A of
Statutory Notes and Related Subsidiaries
Completion of Hours of Service and Fatigue Studies
"(a)
"(b)
"(c)
"(1) the status of such pilot programs;
"(2) actions that the Federal Railroad Administration has taken to commence the pilot programs, including efforts to recruit participant railroads;
"(3) any challenges impacting the commencement of the pilot programs; and
"(4) any other details associated with the development of the pilot programs that affect progress toward meeting the mandate under such section 21109(e)(1)."