Chapter 160. To supplement “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,” and other safe
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CHAP. 160.— An Act To supplement “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,” and other safety appliance Acts, and for other purposes. April 14, 1910.[[H.R. 5702](/us/bill/61/hr/5702).][[Public, No. 133](/us/pl/61/133).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Railway safety appliances.Application of laws.Vol. 27, p. 531;
Vol. 29, p. 85; Vol. 32, p. 943. That the provisions of this Act shall apply to every common carrier and every vehicle subject to the Act of March second, eighteen hundred and ninety-three, as amended April first, eighteen hundred and ninety-six, and March second, nineteen hundred and three, commonly known as the “Safety Appliance Acts.” Sec. 2. Common carriers.Equipment required after July 1, 1911, on all cars hauled by. That on and after July first, nineteen hundred and eleven, it shall be unlawful for any common carrier subject to the provisions of this Act to haul, or permit to be hauled or used on its line any car subject to the provisions of this Act not equipped with appliances Sill steps and hand brakes.Ladders and running board.provided for in this Act, to wit:
All cars must be equipped with secure sill steps and efficient hand brakes; all cars requiring secure ladders and secure running boards shall be equipped with such ladders and Hand holds or grab irons.running boards, and all cars having ladders shall also be equipped with secure hand holds or grab irons on their roofs at the tops of such *Proviso*.Long commodities.ladders: *Provided*, That in the loading and hauling of long commodities, requiring more than one car, the hand brakes may be omitted on all save one of the cars while they are thus combined for such, purpose.
Sec. 3. Standard equipment required in six months. That within six months from the passage of this Act the Interstate Commerce Commission, after hearing, shall designate the number, dimensions, location, and manner of application of the Vol. 27, p. 531.appliances provided for by section two of this Act and section four of the Act of March second, eighteen hundred and ninety-three, and shall give notice of such designation to all common carriers subject to the provisions of this Act by such means as the commission may deem proper, and thereafter said number, location, dimensions, and manner of application as designated by said commission shall remain as the standards of equipment to be used on all cars subject to the provisions of this Act, unless changed by an order of said Interstate Commerce Commission, to be made after full hearing and for good Penalty.cause shown; and failure to comply with any such requirement of the Interstate Commerce Commission shall be subject to a like penalty *Proviso*.Extension of period.*Post*, p. 1397.as failure to comply with any requirement of this Act: *Provided*, That the Interstate Commerce Commission may, upon full hearing and for good cause, extend the period within which any common carrier shall comply with the provisions of this section with respect to the equip-299ment of cars actually in service upon the date of the passage of this Act.
Said commission is hereby given authority, after hearing, toModifying standard draw bars. modify or change, and to prescribe the standard height of draw bars and to fix the time within which such modification or change shall become effective and obligatory, and prior to the time so fixed it shall be unlawful to use any car or vehicle in interstate or foreign traffic which does not comply with the standard now fixed or the standard so prescribed, and alter the time so fixed it shall be unlawful to use any car or vehicle in interstate or foreign traffic which does not comply with the standard so prescribed by the commission.
Sec. 4. That any common carrier subject to this Act using, hauling,Penalty for violations. or permitting to be used or hauled on its line, any car subject to the requirements of this Act not equipped as provided in this Act, shall be liable to a penalty of one hundred dollars for each and every such violation, to be recovered as provided in section six of the Act ofVol. 27, p. 532; Vol. 29, p. 85; Vol. 32, p. 943. March second, eighteen hundred and ninety-three, as amended April first, eighteen hundred and ninety-six: *Provided*, That where any*Proviso*.Hauling defective cars for necessary repairs. car shall have been properly equipped, as provided in this Act and the other Acts mentioned herein, and such equipment shall have become defective or insecure while such car was being used by such carrier upon its line of railroad, such car may be hauled from the place where such equipment was first discovered to be defective or insecure to the nearest available point where such car can be repaired, without liability for the penalties imposed by section four of this Act or section six of the Act of March second, eighteen hundred and ninety-three as amended by the Act of April first, eighteen hundred and ninety-six, if such movement is necessary to make such repairs and such repairs can not be made except at such repair point; andRisk of carrier. such movement or hauling of such car shall be at the sole risk of the carrier, and nothing in this section shall be construed to relieve such carrier from liability in any remedial action for the death or injury of any railroad employee caused to such employee by reason of or in connection with the movement or hauling of such car with equipment which is defective or insecure or which is not maintained in accordance with the requirements of this Act and the other Acts herein referred to; and nothing in this proviso shall be construed to permitUse of chains limited. the hauling of defective cars by means of chains instead of drawbars, in revenue trains or in association with other cars that are commercially used, unless such defective cars contain live stock or “perishable” freight.
Sec. 5. That except that, within the limits specified in theLiability for hauling defective ears except for repairs. preceding section of this Act, the movement of a car with defective or insecure equipment may be made without incurring the penalty provided, by the statutes, but shall in all other respects be unlawful, nothing in this Act shall be held or construed to relieve any common carrier, the Interstate Commerce Commission, or any United States attorney from any. of the provisions, powers, duties, liabilities, or requirements of said Act of March second, eighteen hundred andVol. 27, p. 531;
Vol. 29, p. 85; Vol. 32, p. 943. ninety-three, as amended by the Acts of April first, eighteen hundred and ninety-six, and March second, nineteen hundred and three; and, except as aforesaid, all of the provisions, powers, duties, requirements, and liabilities of said Act of March second, eighteen hundred and ninety-three, as amended by the Acts of April first, eighteen hundred and ninety-six, and March second, nineteen hundred and three, shall apply to this Act. Sec. 6. That it shall be the duty of the Interstate CommerceEnforcement by Interstate Commerce Commission.
Commission to enforce the provisions of this Act, and all powers heretofore granted to said commission are hereby extended to it for the purpose of the enforcement of this Act. Approved, April 14, 1910.