Secs. 24-25 ent and addi tional Commissioners. manner of payment of their salaries shall be as already provided by law. Such enlargement of the Commission shall be accomplished through appointment by the President, by and with the advice and consent of the Senate, of two additional Interstate Commerce Commissioners, -terms of pres one for a term expiring December 31, 1923, and one for a term expiring December 31, 1924. The terms of the present Commissioners, or of any successor appointed to fill a vacancy caused by the death or resignation of any of the present Commissioners, shall expire as heretofore provided by law. Their successors and the successors of the additional Commissioners herein provided for shall be appointed for the full term of seven years, except that any person appointed to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he shall succeed. Not more than six Commissioners shall be appointed from the same political party. Upon the expiration of his term of office a Commissioner shall consuccessor quall- tinue to serve until his successor is appointed and shall have qualified. Hereafter the salary of the secretary of the Commission shall be $7,500 a year. -qualifications. 49 Stat. 481. Commissioner to serve until fied. Salary of secretary. 41 Stat. 498. 49 Stat. 543. 50 Stat. 835. 54 Stat. 919. "Carrier" defined. Exception. NOTE.-By act approved Oct. 15, 1949, Public Law 359, 81st Congress, 63 Stat. 880, the annual compensation of members of the Commission was changed from $12,000 to $15,000. Commissioners paid in same manner as judges, § 18 (1), supra. The salary of the Secretary of the Commission is now determined according to the Classification Act of 1949, 63 Stat. 959 (5 U. S. C. § 1112), which supersedes the Classification Act of 1923. SAFETY APPLIANCES, METHODS, AND SYSTEMS SEC. 25. [February 28, 1920, amended August 9, 1935, August 26, 1937, September 18, 1940.] [49 U. S. C., § 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. Sec. 25 Safety devices prescribed by (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 Rule as to 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, standards, and instructions, with such modificcations 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 228584 O-52-8 Discontinuance or modification of existing de vices, approval. negligence. Carriers to file spection, and installation, in maintenance rules; approval. preparation unless filed. by Commission, Sec. 25 -changes, filing, approval. -modification required by Commission. Inspection by inspectors. 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 approved 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 Employment of 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. -qualifications. prohibited. (e) It shall be unlawful for any carrier to use or permit to be used on its line any system, device, or Unsafe devices 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 appurtenances, 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. Uninspected devices prohibited. Reports to (f) Each carrier shall report to the Commission in such manner and to such extent as may be required by accidents. Sec. 25 the Commission, failures of such systems, devices, or failures; 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 investigation Commission", approved May 6, 1910 (U. S. C., 1934 ed. title 45, secs. 40, 41, and 42). NOTE. Comparable provision, § 1, Accident Reports Act, 45 U. S. C., § 38. (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. by Commission. Commission to provisions. enforce safety violation. (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 Penalty for 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 violations. coming to its knowledge. NOTE. Further block-signal systems, for automatic train control, see Block Signal Resolution (45 U. S. C., § 35), infra. -suits for penalty. -Commission to report Secs. 25-26 41 Stat. 499. 49 Stat. 543. 54 Stat. 919. Citation. The Transportation Act of 1940 repealed the former § 25 of part I, Export Bills of Lading, and substituted as § 25 the provisions of the then § 26 of part I. [For export bills of lading, see Carriage of Goods by Sea Act, 46 U. S. C., §1300-§ 1315 ] CITATION SEC. 26. [February 28, 1920, amended August 9, 1935, September 18, 1940.] [49 U.S. C., § 27.] This part may be cited as part I of the Interstate Commerce Act. NOTE.-The former § 26 of part I was, by the Transportation Act of 1940, renumbered § 25, and the then § 27 was amended and renumbered § 26. |