2012 US Code
Title 49 - Transportation
Subtitle V - RAIL PROGRAMS (§§ 20101 - 28505)
Part A - SAFETY (§§ 20101 - 21311)
Chapter 201 - GENERAL (§§ 20101 - 20167)
Subchapter II - PARTICULAR ASPECTS OF SAFETY (§§ 20131 - 20167)
Section 20135 - Licensing or certification of locomotive operators
Publication Title | United States Code, 2012 Edition, 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 201 - GENERAL SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY Sec. 20135 - Licensing or certification of locomotive operators |
Contains | section 20135 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 874. |
Statutes at Large References | 84 Stat. 971 102 Stat. 625 106 Stat. 972 108 Stat. 874 |
Public Law References | Public Law 91-458, Public Law 100-342, Public Law 102-365, Public Law 103-272 |
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(a)
(b)
(1) shall be carried out through review and approval of each railroad carrier's operator qualification standards;
(2) shall provide minimum training requirements;
(3) shall require comprehensive knowledge of applicable railroad carrier operating practices and rules;
(4) except as provided in subsection (c)(1) of this section, shall require consideration, to the extent the information is available, of the motor vehicle driving record of each individual seeking licensing or certification, including—
(A) any denial, cancellation, revocation, or suspension of a motor vehicle operator's license by a State for cause within the prior 5 years; and
(B) any conviction within the prior 5 years of an offense described in section 30304(a)(3)(A) or (B) of this title;
(5) may require, based on the individual's driving record, disqualification or the granting of a license or certification conditioned on requirements the Secretary prescribes; and
(6) shall require an individual seeking a license or certification—
(A) to request the chief driver licensing official of each State in which the individual has held a motor vehicle operator's license within the prior 5 years to provide information about the individual's driving record to the individual's employer, prospective employer, or the Secretary, as the Secretary requires; and
(B) to make the request provided for in section 30305(b)(4) of this title for information to be sent to the individual's employer, prospective employer, or the Secretary, as the Secretary requires.
(c)
(2) If an individual, after the conviction, cancellation, revocation, or suspension, successfully completes a rehabilitation program established by a railroad carrier or approved by the Secretary, the individual may not be denied a license or certification under subsection (b)(4) of this section because of—
(A) a conviction for operating a motor vehicle when under the influence of, or impaired by, alcohol or a controlled substance; or
(B) the cancellation, revocation, or suspension of the individual's motor vehicle operator's license for operating a motor vehicle when under the influence of, or impaired by, alcohol or a controlled substance.
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 874.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20135(a) | 45:431(i)(1). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §202(i); added June 22, 1988, Pub. L. 100–342, §§4(a), 7(b), 102 Stat. 625, 628; Sept. 3, 1992, Pub. L. 102–365, §2(1), 106 Stat. 972. |
20135(b) | 45:431(i)(2). | |
20135(c)(1) | 45:431(i)(4). | |
20135(c)(2) | 45:431(i)(6). | |
20135(d) | 45:431(i)(5). | |
20135(e) | 45:431(i)(3). |
In subsection (a), the words “within 12 months after June 22, 1988” are omitted as executed. The words “including any locomotive engineer” are omitted as surplus. The words “after one year after” are substituted for “after the expiration of 12 months following” to eliminate unnecessary words.
In subsection (b)(5), the word “requirements” is substituted for “terms” for consistency in this section.
In subsection (c)(1), the words “In establishing the program under this subsection” are omitted as surplus.
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