Page:United States Statutes at Large Volume 102 Part 1.djvu/677

 PUBLIC LAW 100-342—JUNE 22, 1988

102 STAT. 639

knowingly operates or permits to be operated a train on which such devices have been tampered with or disabled by another person, shall be liable for such penalties as may be established by the Secretary, which may include fines under section 209, suspension from work, or suspension or loss of a license or certification issued under subsection (i).". SEC. 22. DISPATCHER TRAINING.

Section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431) is further amended by adding at the end the following new subsection: "(p)(1) The Secretary shall, within 180 days after the date of the enactment of the Rail Safety Improvement Act of 1988, conduct and complete an inquiry into whether training standards are necessary for those involved in dispatching trains. "(2) Upon the completion of such inquiry, the Secretary shall Reports, report the results of such inquiry to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate along with the Secretary's recommendations, and if the Secretary recommends that rules, regulations, orders, or standards be issued, the Secretary shall promptly initiate appropriate rulemaking proceedings.". SEC. 23. GRADE CROSSING SIGNAL SYSTEM SAFETY.

Section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431) is further amended by adding at the end the following new subsection: "(q) The Secretary shall, within one year after the date of the Regulations, enactment of the Rail Safety Improvement Act of 1988, issue such Highways, rules, regulations, orders, and standards as may be necessary to ensure the safe maintenance, inspection, and testing of signal systems and devices at railroad highway grade crossings.". SEC. 24. ACCIDENT REPORTS.

If a railroad, in reporting an accident or incident under the Accident Reports Act (45 U.S.C. 38 et seq.), assigns human error as a cause of the accident or incident, such report shall include, at the option of each employee whose error is alleged, a statement by such employee explaining any factors the employee alleges contributed to the accident or incident. Approved June 22, 1988.

LEGISLATIVE HISTORY—S. 1539 (H.R. 3743): HOUSE REPORTS: No. 100-637 (Comm. of Conference). SENATE REPORTS: No. 100-153 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD: Vol. 133 (1987): Nov. 5, considered and passed Senate. Dec. 18, H.R. 3743 considered and peissed House. Vol. 134 (1988): Feb. 3, S. 1539 considered and passed House, amended. May 23, House agreed to conference report. June 9, Senate £^eed to conference report.

45 USC 43a.

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