Chapter 196. to promote the safety of employees and travelers upon Railroads by compelling common carriers engaged in interstate commerce to equip their cars with automatic couplers and continuous brakes and their locomotives with driving-wheel brakes, and for other purposes
959 words·~4 min read·
/statutes-at-large/vol-27/chapter-196-2212886·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 196.— An Act to promote the safety of employees and travelers upon Railroads by compelling common carriers engaged in interstate commerce to equip their cars with automatic couplers and continuous brakes and their locomotives with driving-wheel brakes, and for other purposes.March 2, 1893. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That from and after the firstDriving-wheel brakes required on locomotives in interstate commerce. day of January, eighteen hundred and ninety eight, it shall be unlawful for any common carrier engaged in interstate commerce by railroad to use on its line any locomotive engine in moving interstate traffic not equipped with a power driving-wheel brake and appliances for operating the train-brake system, or to run any train in such traffic afterTrain-brake system. said date that has not a sufficient number of cars in it so equipped with power or train brakes that the engineer on the locomotive drawing such train can control its speed without requiring brakemen to use the common hand brake for that purpose.
Sec. 2. That on and after the first day of January, eighteen hundredAutomatic couplers required on all cars. and ninety-eight, it shall be unlawful for any such common carrier to haul or permit to be hauled or used on its line any car used in moving interstate traffic not equipped with couplers coupling automatically by impact, and which can be uncoupled without the necessity of men going between the ends of the cars. Sec. 3. That when any person, firm, company, or corporation engagedComplying companies, etc., may refuse insufficiently equipped cars from connecting lines, etc. in interstate commerce by railroad shall have equipped a sufficient number of its cars so as to comply with the provisions of section one of this act, it may lawfully refuse to receive from connecting lines of road or shippers any cars not equipped sufficiently, in accordance with the first section of this act, with such power or train brakes as will work and readily interchange with the brakes in use on its own cars, as required by this act.
Sec. 4. That from and after the first day of July, eighteen hundredGrab irons, etc. and ninety-five, until otherwise ordered by the Interstate Commerce Commission, it shall be unlawful for any railroad company to use any car in interstate commerce that is not provided with secure grab irons or handholds in the ends and sides of each car for greater security to men in coupling and uncoupling cars. Sec. 5. That within ninety days from the passage of this act theAmerican Railway Association to determine standard height of drawbars for freight cars.
American Railway Association is authorized hereby to designate to the Interstate Commerce Commission the standard height of drawbars for freight cars, measured perpendicular from the level of the tops of the rails to the centers of the drawbars, for each of the several gauges of railroads in use in the United States, and shall fix a maximum variationMaximum variation. from such standard height to be allowed between the drawbars of empty and loaded cars. Upon their determination being certified toCertificate. the Interstate Commerce Commission, said Commission shall at once give notice of the standard fixed upon to all common carriers, owners,Notice of standard.Interstate Commerce Commission to fix standard on failure of Association. or lessees engaged in interstate commerce in the United States by such means as the Commission may deem proper.
But should said association fail to determine a standard as above provided, it shall be the duty of the Interstate Commerce Commission to do so, before July first, eighteen hundred andOperative date.Noncomplying cars excluded from traffic. ninety-four, and immediately to give notice thereof as aforesaid. And after July first, eighteen hundred and ninety-five, no cars, either loaded or unloaded, shall be used in interstate traffic which do not comply with the standard above provided for. 532 Sec. 6.
Penalty for violation. That any such common carrier using any locomotive engine, running any train, or hauling or permitting to be hauled or used on its line any car in violation of any of the provisions of this act, shall be liable to a penalty of one hundred dollars for each and every such violation, to District Attorney to bring suit in United States courts.be recovered in a suit or suits to be brought by the United States district attorney in the district court of the United States having jurisdiction in the locality where such violation shall have been committed, and it shall be the duty of such district attorney to bring such suits upon duly verified information being lodged with him of such violation having Interstate commerce Commission to lodge information.occured.
And it shall also be the duty of the Interstate Commerce Commission to lodge with the proper district attorneys information of any *Proviso*.Exception.such violations as may come to its knowledge: *Provided*, That nothing in this act contained shall apply to trains composed of four-wheel ears or to locomotives used in hauling such trains. Sec. 7. Extension of time for compliance. That the Interstate Commerce Commission may from time to time upon full hearing and for good cause extend the period within which any common carrier shall comply with the provisions of this act.
Sec. 8. Employees injured by noncomplying cars, etc., do not assume the risk. That any employee of any such common carrier who may be injured by any locomotive, ear. or train in use contrary to the provision of this act shall not be deemed thereby to have assumed the risk thereby occasioned, although continuing in the employment of such carrier after the unlawful use of such locomotive, car, or train had been brought to his knowledge. Approved, March 2, 1893.