§ 21103. Limitations on duty hours of train employees
(a)
In General.—
Except as provided in subsection (d) of this section, a railroad carrier and its officers and agents may not require or allow a train employee to—
(1)
remain on duty, go on duty, wait for deadhead transportation, be in deadhead transportation from a duty assignment to the place of final release, or be in any other mandatory service for the carrier in any calendar month where the employee has spent a total of 276 hours—
(3)
remain or go on duty unless that employee has had at least 10 consecutive hours off duty during the prior 24 hours; or
(4)
remain or go on duty after that employee has initiated an on-duty period each day for—
(A)
6 consecutive days, unless that employee has had at least 48 consecutive hours off duty at the employee’s home terminal during which time the employee is unavailable for any service for any railroad carrier except that—
(B)
except as provided in subparagraph (A), 7 consecutive days, unless that employee has had at least 72 consecutive hours off duty at the employee’s home terminal during which time the employee is unavailable for any service for any railroad carrier, if—
(i)
for a period of 18 months following the date of enactment of the Rail Safety Improvement Act of 2008, an existing collective bargaining agreement expressly provides for such a schedule or, following the expiration of 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, collective bargaining agreements entered into during such period expressly provide for such a schedule;
(ii)
such a schedule is provided for by a pilot program authorized by a collective bargaining agreement; or
(iii)
such a schedule is provided for by a pilot program under section
21108 of this chapter related to employees’ work and rest cycles.
The Secretary may waive paragraph (4), consistent with the procedural requirements of section
20103, if a collective bargaining agreement provides a different arrangement and such an arrangement is in the public interest and consistent with railroad safety.
(b)
Determining Time on Duty.—
In determining under subsection (a) of this section the time a train employee is on or off duty, the following rules apply:
(1)
Time on duty begins when the employee reports for duty and ends when the employee is finally released from duty.
(3)
Time spent performing any other service for the railroad carrier during a 24-hour period in which the employee is engaged in or connected with the movement of a train is time on duty.
(4)
Time spent in deadhead transportation to a duty assignment is time on duty, but time spent in deadhead transportation from a duty assignment to the place of final release is neither time on duty nor time off duty.
(5)
An interim period available for rest at a place other than a designated terminal is time on duty.
(6)
An interim period available for less than 4 hours rest at a designated terminal is time on duty.
(c)
Limbo Time Limitation and Additional Rest Requirement.—
(1)
A railroad carrier may not require or allow an employee—
(A)
to exceed a total of 40 hours per calendar month spent—
following a period of 12 consecutive hours on duty that is neither time on duty nor time off duty, not including interim rest periods, during the period from the date of enactment of the Rail Safety Improvement Act of 2008 to one year after such date of enactment; and
(B)
to exceed a total of 30 hours per calendar month spent—
(ii)
in deadhead transportation from a duty assignment to the place of final release,
following a period of 12 consecutive hours on duty that is neither time on duty nor time off duty, not including interim rest periods, during the period beginning one year after the date of enactment of the Rail Safety Improvement Act of 2008 except that the Secretary may further limit the monthly limitation pursuant to regulations prescribed under section
21109.
(2)
The limitations in paragraph (1) shall apply unless the train carrying the employee is directly delayed by—
(3)
Each railroad carrier shall report to the Secretary, in accordance with procedures established by the Secretary, each instance where an employee subject to this section spends time waiting for deadhead transportation or in deadhead transportation from a duty assignment to the place of final release in excess of the requirements of paragraph (1).
(d)
Emergencies.—
A train employee on the crew of a wreck or relief train may be allowed to remain or go on duty for not more than 4 additional hours in any period of 24 consecutive hours when an emergency exists and the work of the crew is related to the emergency. In this subsection, an emergency ends when the track is cleared and the railroad line is open for traffic.
(e)
Communication During Time Off Duty.—
During a train employee’s minimum off-duty period of 10 consecutive hours, as provided under subsection (a) or during an interim period of at least 4 consecutive hours available for rest under subsection (b)(7) or during additional off-duty hours under subsection (c)(4), a railroad carrier, and its officers and agents, shall not communicate with the train employee by telephone, by pager, or in any other manner that could reasonably be expected to disrupt the employee’s rest. Nothing in this subsection shall prohibit communication necessary to notify an employee of an emergency situation, as defined by the Secretary. The Secretary may waive the requirements of this paragraph for commuter or intercity passenger railroads if the Secretary determines that such a waiver will not reduce safety and is necessary to maintain such railroads’ efficient operations and on-time performance of its trains.