Page:United States Statutes at Large Volume 50 Part 1.djvu/861

 S36 7 5Th CONG RESS, UT SESS ION- CH. 818-AUGUST 26, 1 937 Safety rules stand- "(c) Each carrier by railroad shall file with the Commission its with comet ssi be nfiled rules, standards, and instructions for the installation inspection, maintenance, and repair of the systems, devices, and appliances covered by this section within six months after the enactment of Approval ; binding this amendatP rovision and, after approval by the Commission, effect upon carrier. ory such rules, standards, and instructions, with such modifications as the Commission may require, shall become obligatory upon the car- Provisos . Preparationofrules, Pier : Provided, however, That if any such carrier shall fail to file etc., b y Commission . its rules, standards, and instructions the Commission shall prepare rules, standards, and instructions for the installation, inspection, maintenance, and repair of such systems, devices, and appliances to be observed by such carrier, which rules, standards, and instructions, a copy thereof having been served on the president, chief operating off icer, trust ee, o r rece iver, of s uch ca rrier, sha ll be oblig atory Changes, by carrier. Provided further, That such carrier may from time to time change the rule s, sta ndard s, and inst ructi ons he rein provi ded fo r, bu t such change shall not take effect and the new rules, standards, and instructions be enforced until they shall have been filed with and By Comm iss ion. approved by the Commission : And provided further, That the Com- missi on may on its own m otion, upo n good ca use shown, revise, amend, or modify the rules, standards, and instructions prescribed by it under this subsection, and as revised, amended, or mo dified they shall be obligatory upon the carrier after a copy thereof shall have been served as above provided. Inspections, et c. "( d) The Commission is authorized to inspect and test any sys- tems, devices, and appliances referred to in this section used by any such carrier and to determine whether such systems, devices, and appliances are in proper condition to operate and provide adequate Inspectors. s af et y . For these purposes the Commission is auth orized to employ persons familiar with the subject . Such per sons shall be in th e clas sifie d serv ice a nd sh all be appo inted after comp etitiv e exa mina- tion according to the law and the rules of the Civil Service Com- ~P P ersons disquali- mission governing the classified service . No person interested, either directly or indirectly, in any patented article required to be used on or in connection with any of such systems, devices, and appliances or who has any financial interest in any carrier or in any concern dealing in railway supplies shall be used for such purpose. Defective appli- "( e) It shall be unlawful for any carrier to use or permit to be antes, etc . used on its line any system, device, or appliance covered by this section unless such apparatus, with its controlling and operating appurtenances, is in proper condition and safe to operate in the service to which it is put, so that the same may be used without unnecessary peril to life and limb, and unless such apparatus, with its c ontro lling and o perat ing ap purte nance s, has been insp ected from time to time in accordance with the provisions of this section and is able to meet the requirements of such test or tests as may be pre- scrib ed in the rules and r egulat ions herei nbefor e pro vided . Reports of failures "(f) Each carrier shall report to the Commission in such ma nner of systems. and to such extent as may be required by the Conunission, failures of such systems, devices, or appliances to indicate or function as Report of accidents. intended ; and in case of accident resulting from failure of any such system, device, or appliance to indicate or function as intended, and resulting in injury to person or property which is reportable under the rules of the Commission, a statement forthwith must be made in writing of the fact of such accident by the carrier owning or maintaining such system, device, or appliance to the Commission ; whereupon the facts concerning such accident shall be subject to investigation as provided in sections 3, 4, and 5 of the Act entitled