BLOCK SIGNAL SYSTEMS

JUNE 23, 1937.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. CROSSER, from the Committee on Interstate and Foreign Commerce, submitted the following

REPORT

[To accompany S. 29]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (S. 29) to promote the safety of employees and travelers on railroads by requiring common carriers engaged in interstate commerce to install, inspect, test, repair, and maintain blocksignal systems, interlocking, automatic train-stop, train-control, cabsignal devices, and other appliances, methods, and systems intended to promote the safety of railroad operation, having considered and amended the same, report thereon with a recommendation that it pass. Amend the bill as follows:

Page 1, lines 3 to 5, eliminate the following language: "That section 26, chapter 1, title 49, of the Code of Laws of the United States of America, is hereby repealed" and insert the following "That section 26 of the Interstate Commerce Act, as amended (U. S. C., 1934 ed., title 49, sec. 26) is hereby amended to read as follows:"; line 6, change "Sec. 47" to "Sec. 26"; line 7, strike out the last two words "the Interstate".

Page 2, line 1, strike out the words "Commerce Act" and insert the words "this part"; strike out lines 11 and 12; line 13, change "(c)" to "(b)"; line 14, at the beginning of the line insert "if found necessary in the public interest,"; line 25, strike out the words "approval of this section" and insert "enactment of this amendatory provision".

Page 3, line 11, change "(d)" to "(c)"; line 14, change the word "three" to "six"; line 15, strike out the words "approval of this section" and insert "enactment of this amendatory provision".

Page 4, line 13, change "(e)" to "(d)"; line 19, strike out the following language "subject and may also make use of its regular employees for such purposes: Provided, That no" and insert "sub

ject. Such persons shall be in the classified service and shall be appointed after competitive examination according to the law and the rules of the Civil Service Commission governing the classified service. No".

Page 5, line 1, change "(f)" to "(e)"; line 12, change “(g)” to “(f)”; line 24, strike out "40, 41, and 42 of this chapter" and insert "3, 4, and 5 of the Act entitled 'An Act requiring common carriers engaged in interstate and foreign commerce to make full reports of all accidents to the Interstate Commerce Commission, and authorizing investigations thereof by said Commission', approved May 6, 1910 (U. S. C. 1934 ed., title 45, secs. 40, 41, and 42"; line 25, change "(h)" to "(g)".

Page 6, line 5, change "(i)" to "(h)"; line 16, strike out the word "of" and insert the word "showing"; line 17, strike out the words "Interstate Commerce".

Amend the title so as to read:

A bill to require certain common carriers by railroad to install and maintain certain appliances, methods, and systems intended to promote the safety of employees and travelers on railroads, and for other purposes.

The purpose of the bill is to extend the authority of the Interstate Commerce Commission in respect to safety devices so as to include block-signal devices and systems. The section of the Interstate Commerce Act relating to automatic train-control devices would be so amended as to make like provision in regard to all types of signaling apparatus used for the promotion of safety of railroad operation.

The signaling devices and systems to which the bill relates are essentially means for promoting safety. Their proper installation, repair, and maintenance is of incalculable importance to safe railway operation. As the science of railroading advances and improved methods of operation are adopted, resulting in faster train speeds, these devices are used to displace other forms of train protection. Their importance from the standpoint of safety is constantly increasing. There are now many thousands of miles of railroad in the country regularly operated without the use of train orders. The indications given by the automatic signals are the only form of protection ordinarily in use. Records of railway accidents show that the safety of railway employees and of the public would be promoted by the adoption and enforcement of adequate standards in regard to installation, repair and maintenance of these very important safety devices and by giving the Interstate Commerce Commission complete authority to make inspections and to require that unsafe conditions be rectified.

The bill does not provide for any additional bureau or division in the Commission, but permits the Commission to administer the provisions of the bill according to its discretion and consistently with the law. No doubt the Commission would administer the law through the present Bureau of Safety which now handles similar matters. The provisions of the bill may be briefly stated as follows:

1. The Commission may, after investigation, if found necessary in the public interest, order installation of block signals and other similar safety devices in order to promote the safety of railway operation.

2. Railways are required to file with the Commission, for approval, their rules, standards, and instructions for the maintenance of signaling devices and systems. The Commission may establish such

rules as are necessary to insure safety of operation of such signaling devices.

3. The Commission is authorized by the bill to make inspections and tests to determine whether or not signal devices may be in safe operating condition. Where unsafe conditions should be found, the Commission is authorized to require necessary changes for the correction of such conditions.

4. Carriers are required by the terms of the bill to make reports to the Commission of failures of signal devices to function as intended. Reports of accidents caused by failures of such devices to operate properly are also to be made.

5. A penalty is provided for violation of the proposed law and the powers already granted to the Commission are extended so as to include the enforcement of provisions of the act.

The bill has been endorsed by the Railway Labor Executives' Association, representing the 21 standard railway labor organizations. At the hearing held by the House Committee on Interstate and Foreign Commerce on March 19, national officers of the Brotherhood of Railroad Signalmen of America, the Brotherhood of Locomotive Engineers, the Brotherhood of Railroad Trainmen, the Brotherhood of Locomotive Firemen and Enginemen, and the Order of Railway Conductors, all appeared and made a special appeal in support of the bill and urged its immediate enactment.

Modern railway operation requires that absolute reliance may be placed upon the messages of danger or safety conveyed by the signals. Many years ago the Commission was authorized, through enactment of the various safety-appliance laws, to establish and enforce minimum standards of safety in connection with the use of locomotives and cars, to eliminate excessive hours of service by men engaged in train operation, and in general the Commission was given authority over safety devices on railways. No law has ever been enacted, however, giving the Commission similar authority over signal appliances and empowering the Commission to require that unsafe conditions and practices be eliminated in connection with the operation and maintenance of such important and essential equipment. The great increase in speed of operation in recent years with some trains exceeding 100 miles per hour, the rapid increase of mechanism to replace men, the replacement of the train order system by automatically operating signal devices, have all operated to continually increase the need of legislation giving the Commission authority over the signal appliances.

CHANGES IN EXISTING LAW

In compliance with paragraph 2a of rule XIII of the Rules of the House of Representatives, changes in section 26 of the Interstate Commerce Act, as amended, made by the bill are shown as follows (existing law proposed to be omitted is enclosed in black brackets and new matter is printed in italics):

[SEC. 26. That the Commission may, after investigation, order any carrier by railroad subject to this part, within a time specified in the order, to install automatic train-stop or train-control devices or other safety devices, which comply with specifications and requirements prescribed by the Commission, upon the whole or any part of its railroad, such order to be issued and published at least two years before the date specified for its fulfillment: Provided, That a carrier shall not be held to be negligent because of its failure to install such devices upon

a portion of its railroad not included in the order; and any action arising because of an accident happening upon such portion of its railroad shall be determined without consideration of the use of such devices upon another portion of its railroad. Any common carrier which refuses or neglects to comply with any order of the Commission made under the authority conferred by this section shall be liable to a penalty of $100 for each day that such refusal or neglect continues, which shall accrue to the United States, and may be recovered in a civil action brought by the United States.]

SEC. 26. (a) The term "carrier" as used in this section includes any carrier by railroad subject to this part (including any terminal or station company), and any receiver or any other individual or body, judicial or otherwise, when in the possession of the business of a carrier subject to this section: Provided, however, That the term "carrier" shall not include any street, interurban, or suburban electric railway unless such railway is operated as a part of a general steam-railroad system of transportation, but shall not exclude any part of a general steam-railroad system of transportation now or hereafter operated by any other motive power.

(b) That the Commission may, after investigation, if found necessary in the public interest, order any carrier within a time specified in the order, to install the block signal system, interlocking, automatic train stop, train control, and/or cab-signal devices, and/or other similar appliances, methods, and systems intended to promote the safety of railroad operation, which comply with specifications and requirements, prescribed by the Commission, upon the whole or any part of its railroad, such order to be issued and published a reasonable time (as determined by the Commission) in advance of the date for its fulfillment: Provided, That block signal systems, interlocking, automatic train stop, train control, and cab-signal devices in use on the date of the enactment of this amendatory provision or such systems or devices hereinafter installed may not be discontinued or materially modified by carriers without the approval of the Commission: Provided further, That a carrier shall not be held to be negligent because of its failure to install such systems, devices, appliances, or methods upon a portion of its railroad not included in the order, and any action arising because of an accident occurring upon such portion of its railroad shall be determined without consideration of the use of such systems, devices, appliances, or methods upon another portion of its railroad.

(c) Each carrier by railroad shall file with the Commission its rules, standards, and instructions for the installation, inspection, maintenance, and repair of the systems, devices, and appliances covered by this section within six months after the enactment of this amendatory provision, and, after approval by the Commission, such rules, stundards, and instructions, with such modifications as the Commission may require, shall become obligatory upon the carrier: Provided, however, That if any such carrier shall fail to file its rules, standards, and instructions the Commission shall prepare rules, standards, and instructions for the installation, inspection, maintenance, and repair of such systems, devices, and appliances to be observed by such carrier, which rules, standards, and instructions, a copy thereof having been served on the president, chief operating officer, trustee, or receiver, of such carrier, shall be obligatory: Provided further, That such carrier may from time to time change the rules, standards, and instructions herein provided for, but such change shall not take effect and the new rules, standards, and instructions be enforced, until they shall have been filed with and ap proved by the Commission: And provided further, That the Commission may on its own motion, upon good cause shown, revise, amend, or modify the rules, standards, and instructions prescribed by it under this subsection, and as revised, amended, or modified they shall be obligatory upon the carrier after a copy thereof shall have been served as above provided.

(d) The Commission is authorized to inspect and test any systems, devices, and appliances referred to in this section used by any such carrier and to determine whether such systems, devices, and appliances are in proper condition to operate and provide adequate safety. For these purposes the Commission is authorized to employ persons familiar with the subject. Such persons shall be in the classified service and shall be appointed after competitive examination according to the law and the rules of the Civil Service Commission governing the classified service. No person interested, either directly or indirectly, in any patented article required to be used on or in connection with any of such systems, devices, and appliances or who has any financial interest in any carrier or in any concern dealing in railway supplies shall be used for such purpose. (e) It shall be unlawful for any carrier to use or permit to be used on its line any system, device, or appliance covered by this section unless such apparatus, with its controlling and operating appurtenances, is in proper condition and safe to operate in the service to which it is put, so that the same may be used without unnecessary peril to life and limb, and unless such apparatus, with its controlling and operating appurte nances, has been inspected from time to time in accordance with the provisions of this

section and is able to meet the requirements of such test or tests as may be prescribed in the rules and regulations hereinbefore provided.

(f) Each carrier shall report to the Commission in such manner and to such extent as may be required by the Commission, failures of such systems, devices, or appliances to indicate or function as intended; and in case of accident resulting from failure of any such system, device, or appliance to indicate or function as intended, and resulting in injury to person or property which is reportable under the rules of the Commission, a statement forthwith must be made in writing of the fact of such accident by the carrier owning or maintaining such system, device, or appliance to the Commission; whereupon the facts concerning such accident shall be subject to investigation as provided in sections 3, 4, and 5 of the Act entitled "An Act requiring common carriers engaged in interstate and foreign commerce to make full reports of all accidents to the Interstate Commerce Commission, and authorizing investigations thereof by said Commission", approved May 6, 1910 (U. S. C., 1934 ed., title 45, secs. 40, 41, and 42).

(g) It shall be the duty of the Commission to see that the requirements of this section and the orders, rules, regulations, standards, and instructions made, prescribed, or approved hereunder are observed by carriers, and all powers heretofore granted to the Commission are hereby extended to it in the execution of this section.

(h) Any carrier which violates any provision of this section, or which fails to comply with any of the orders, rules, regulations, standards, or instructions made, prescribed, or approved hereunder shall be liable to a penalty of $100 for each such violation and $100 for each and every day such violation, refusal, or neglect continues, to be recovered in a suit or suits to be brought by the United States attorney in the district court of the United States having jurisdiction in the locality where such violations shall have been committed. It shall be the duty of such attorneys to bring such suits upon duly verified information being lodged with them showing such violations having occurred; and it shall be the duty of the Commission to lodge with the proper United States attorneys information of any violations of this section coming to its knowledge.

NOTE. The bill as passed the Senate added a section to chapter 1, title 45, of the Code of Laws of the United States of America, and, since the code is not the basic law but is only prima-facie evidence of the law, the committee cannot comply with paragraph 2a of rule XIII insofar as the Senate bill is concerned. For the information of the House, it may be stated that section 26, title 49, of the code, repealed by the Senate bill, is identical with section 26 of the Interstate Commerce Act, as amended, which section is amended by the bill as reported to the House as shown above in italics.

O