Secs, 5 and 6 of standard bars for freight 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 Determination this Act the American Railway Association is authorized height of draw hereby to designate to the Interstate Commerce Commis- cars. sion 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 cach of the scveral gauges of railroads in use in the United States, and shall fix a maximum variation from such standard height to be allowed between the drawbars of empty and loaded cars. Upon their determination being certified to the Interstate Commerce Commission, said Commission shall at once give notice of the standard fixed upon to all common carriers, owners, or lessees engaged in interstato 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 and ninetyfour, 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. Penalty. SEC. 6. [As amended April 1, 1896.] That any such 9 Stat. L., 85. 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 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 occurred; and it shall also be the duty of the Interstate Commerce Commission to lodge with the proper district attorneys information of any such violations as may come to its knowledge: Provided, That Proviso as nothing in this Act contained shall apply to trains com- ocomotives. posed of four-wheel cars or to trains composed of eight logging cars and Secs. 7 and 8 may extend time with act. wheel standard logging cars where the height of such car from top of rail to center of coupling does not exceed twenty-five inches, or to locomotives used in hauling such trains when such cars or locomotives are exclusively used for the transportation of logs. Commission SEC. 7. That the Interstate Commerce Commission for compliance 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. 27 Stat L.. 531. deemed to assume ment. SEC. 8. That any employee of any such common carEmployees not rier who may be injured by any locomotive, car, or train risk of employ- in use contrary to the provisions of this Act shall not be deemed thereby to have assumed the risk thereby occasioned, although continuing in the employment of such carlier after the unlawful use of such locomotive, car, or train had been brought to his knowledge. NOTE.-Prescribed standard height of drawbars: Standard-gauge railroads: maximum 344, minimum 314, inches; narrow-gauge railroads: maximum 26, minimum 23, inches; 2-foot-gauge railroads: maximum 17, minimum 141, inches. safety appliance AN ACT To amend an Act entitled "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," approved March second, eighteen hundred and ninety-three, and amended April first, eighteen hundred and ninety-six. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 2 Stat. L., 943. That the provisions and requirements of the Act entitled Application of "An Act to promote the safety of employees and travelers and District of upon railroads by compelling common carriers enColumbia. gaged in interstate commerce to equip their cars with act to territories automatic couplers and continuous brakes, and their locomotives with driving-wheel brakes, and for other purposes," approved March second, eighteen hundred and ninety-three, and amended April first, eighteen hundred and ninety-six, shall be held to apply to common carriers by railroads in the Territories and the District of Columbia and shall apply in all cases, whether or not the couplers brought together are of the same kind, make, or type; and the provisions and requirements hereof and of Secs. 2 and 3 couplers Application to equipment of gaged in inter said Acts relating to train brakes, automatic couplers, Application grab irons, and the height of drawbars shall be held to brought together. apply to all trains, locomotives, tenders, cars, and similar vehicles used on any railroad engaged in interstate commerce, and in the Territories and the District of Colum- railroads enbia, and to all other locomotives, tenders, cars, and similar state commerce. vehicles used in connection therewith, excepting those trains, cars, and locomotives exempted by the provisions of section six of said Act of March second, eighteen hundred and ninety-three, as amended by the Act of April Exception. first, eighteen hundred and ninety-six, or which are used upon street railways. Power brakes. SEC. 2. That whenever, as provided in said Act, any train is operated with power or train brakes, not less than fifty per centum of the cars in such train shall have their brakes used and operated by the engineer of the locomotive drawing such train; and all power-braked cars in such train which are associated together with said fifty per centum shall have their brakes so used and operated; and, to more fully carry into effect the objects of said Act, the Interstate Commerce Commission may, from time to time, after full hearing, increase the minimum percentage of cars in any train required to be operated with Commission power or train brakes which must have their brakes used minimum perand operated as aforesaid; and failure to comply with or train brake any such requirement of the said Interstate Commerce Commission shall be subject to the like penalty as failure to comply with any requirement of this section. may increase centage of power cars to be used. Provisions of 1896, applicable. SEC. 3. That the provisions of this Act shall not take Penalty. effect until September first, nineteen hundred and three. Nothing in this Act shall be held or construed to relieve Acts of Mar. 2, any common carrier, the Interstate Commerce Commis- 1893, and Apr. 1, sion, or any United States district attorney from any of the provisions, powers, duties, liabilities, or requirements of said Act of March second, eighteen hundred and ninety-three, as amended by the Act of April first, eighteen hundred and ninety-six; and all of the provisions, powers, duties, requirements, and liabilities of said Act of March second, eighteen hundred and ninety-three, as amended by the Act of April first, eighteen hundred and ninety-six, shall, except as specifically amended by this Act, apply to this Act. Secs. 1-3 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. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem36 Stat. L., 298. bled, That the provisions of this Act shall apply to every To what car- common carrier and every vehicle subject to the Act of riers applicable. steps, hand running boards, 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. 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 provided Cars to have sill for in this Act, to wit: All cars must be equipped with brakes, ladders, secure sill steps and efficient hand brakes; all cars reand grabirons. quiring secure ladders and secure running boards shall be equipped with such ladders and 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, as to ladders: Provided, That in the loading and hauling of for long commod- 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. cars combined ities. Commission to designate details application. SEC. 3. That within six months from the passage of this as to manner of Act the Interstate Commerce Commission, after hearing, shall designate the number, dimensions, location, and manner of application of the 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 mined by such 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 cause shown; and failure to Standards of equipment deter designation. Secs. 3 and 4 Penalty. Commission 'may modify comply with any such requirement of the Interstate Commerce Commission shall be subject to a like penalty as failure to comply with any requirement of this Act: Provided, That the Interstate Commerce Commission may, may extend time upon full hearing and for good cause, extend the period for compliance. within which any common carrier shall comply with the provisions of this section with respect to the equipment of cars actually in service upon the date of the passage of this Act. Said Commission is hereby given authority, Commission after hearing, to modify or change, and to prescribe the height of drawstandard height of drawbars and to fix the time within scribe standard. 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 after the time so fixed standard unlawit 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. bars and pre ful. Departure from Penalty. Proviso, defechauled to nearest tive cars may be repair point. SEC. 4. That any common carrier subject to this Act using, hauling, 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 of March second, eighteen hundred and ninety-three, as amended April first, eighteen hundred and ninety-six: Provided, That where any 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; and such Carriers movement or hauling of such car shall be at the sole risk liability for death of the carrier, and nothing in this section shall be construed to relieve such carrier from liability in any remedial not relieved from or injury.. |