Page:United States Statutes at Large Volume 108 Part 2.djvu/172

 108 STAT. 888 PUBLIC LAW 103-272—JULY 5, 1994 §21101. Definitions In this chapter— (1) "designated terminal" means the home or away-fromhome 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 employed by ' a railroad carrier 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. §21102. Nonapplication and exemption (a) GENERAL.— T his chapter does not apply to a situation involving any of the following: (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) EXEMPTION.— The Secretary of Transportation may exempt a railroad carrier having not more than 15 employees covered by this chapter from the limitations imposed by this chapter. The Secretary may allow the exemption after a full hearing, for good cause shown, and on deciding that the exemption is in the public interest and will not affect safety adversely. The exemption shall be for a specific period of time and is subject to review at least annually. The exemption may not authorize a carrier to require or allow its employees to be on duty more than a total of 16 hours in a 24-hour period. § 21103. Limitations on duty hours of train employees (a) GENERAL. —Except as provided in subsection (c) of this section, a railroad carrier and its officers and agents may not require or allow a train employee to remain or go on duty— (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. (b) DETERMINING TIME ON DUTY. —In determining under subsection (a) of this section the time a train employee is on or off duty, the following rules apply: (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

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