2013 US Code
Title 49 - Transportation
Subtitle V - RAIL PROGRAMS (§§ 20101 - 28505)
Part A - SAFETY (§§ 20101 - 21311)
Chapter 211 - HOURS OF SERVICE (§§ 21101 - 21109)
Section 21105 - Limitations on duty hours of dispatching service employees
| Publication Title | United States Code, 2012 Edition, Supplement 1, Title 49 - TRANSPORTATION |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 49 - TRANSPORTATION SUBTITLE V - RAIL PROGRAMS PART A - SAFETY CHAPTER 211 - HOURS OF SERVICE Sec. 21105 - Limitations on duty hours of dispatching service employees |
| Contains | section 21105 |
| Date | 2013 |
| Laws in Effect as of Date | January 16, 2014 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 890. |
| Statutes at Large References | 34 Stat. 1415, 1416 39 Stat. 61 71 Stat. 352 83 Stat. 464 90 Stat. 819 102 Stat. 635 108 Stat. 890 |
| Public Law References | Public Law 85-135, Public Law 91-169, Public Law 94-348, Public Law 100-342, Public Law 103-272 |
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(a)
(b)
(1) a total of 9 hours during a 24-hour period in a tower, office, station, or place at which at least 2 shifts are employed; or
(2) a total of 12 hours during a 24-hour period in a tower, office, station, or place at which only one shift is employed.
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 890.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21105(a) | 45:62(d). | Mar. 4, 1907, ch. 2939, §2(d), 34 Stat. 1416; restated Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 464. |
| 45:63a(e). | Mar. 4, 1907, ch. 2939, 34 Stat. 1415, §3A(e); added July 8, 1976, Pub. L. 94–348, §4(d), 90 Stat. 819. | |
| 21105(b) | 45:63(a). | Mar. 4, 1907, ch. 2939, §3, 34 Stat. 1416; May 4, 1916, ch. 109, §1, 39 Stat. 61; Aug. 14, 1957, Pub. L. 85–135, §2, 71 Stat. 352; restated Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 464; June 22, 1988, Pub. L. 100–342, §16(3), 102 Stat. 635. |
| 21105(c) | 45:63(b). | |
| 21105(d) | 45:63(c). |
In this section, the words "dispatching service employee" are substituted for "operator, train dispatcher, or other employee who by the use of the telegraph, telephone, radio, or any other electrical or mechanical device dispatches, reports, transmits, receives, or delivers orders pertaining to or affecting train movements" in 45:63(a), "employee . . . on duty in a class of service . . . described in paragraph (1) or (2) of such subsection" in 45:63(b), and "employees named in such subsection" in 45:63(c) because of the definition of "dispatching service employee" in section 21101 of the revised title.
In subsection (a), the words "This section applies, rather than section 21103 or 21104 of this title" are substituted for "The provisions of this section shall not apply" because of the restatement. The words "train employee" are substituted for "employee" in 45:62(d), and the words "signal employee" are substituted for "individual" in 45:63a(e), for consistency in this chapter and because of the definitions of "signal employee" and "train employee" in section 21101 of the revised title. The words "during any period of time the employee is performing duties of a dispatching service employee" are substituted for "during such period of time as the provisions of section 63 of this title apply to his duty and off-duty periods" in 45:62(d) and 63a(e) for clarity.
In subsection (b), before clause (1), the words "a total of" are substituted for "whether consecutive or in the aggregate" to eliminate unnecessary words.
In subsection (c), the words "a tower, office, station, or other place" are substituted for "a place, described in paragraph (1) or (2) of such subsection" for clarity.
In subsection (d), the words "When an emergency exists" are substituted for "in case of emergency" for consistency in this chapter.
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