49 USC 21102: Nonapplication and exemption
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49 USC 21102: Nonapplication and exemption Text contains those laws in effect on January 4, 1995
From Title 49-TRANSPORTATIONSUBTITLE V-RAIL PROGRAMSPART A-SAFETYCHAPTER 211-HOURS OF SERVICE
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§21102. Nonapplication and exemption

(a) General.-This chapter does not apply to a situation involving any of the following:

(1) a casualty.

(2) an unavoidable accident.

(3) an act of God.

(4) a delay resulting from a cause unknown and unforeseeable to a railroad carrier or its officer or agent in charge of the employee when the employee left a terminal.


(b) Exemption.-The Secretary of Transportation may exempt a railroad carrier having not more than 15 employees covered by this chapter from the limitations imposed by this chapter. The Secretary may allow the exemption after a full hearing, for good cause shown, and on deciding that the exemption is in the public interest and will not affect safety adversely. The exemption shall be for a specific period of time and is subject to review at least annually. The exemption may not authorize a carrier to require or allow its employees to be on duty more than a total of 16 hours in a 24-hour period.

( Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 888 .)

Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large)
21102(a) 45:63a(d) (related to 45:64a). Mar. 4, 1907, ch. 2939, 34 Stat. 1415 , §3A(d) (related to §5); added July 8, 1976, Pub. L. 94–348, §4(d), 90 Stat. 819 ; June 22, 1988, Pub. L. 100–342, §16(4), 102 Stat. 635 .
  45:64a(d). Mar. 4, 1907, ch. 2939, §5(d), 34 Stat. 1417 ; restated Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 464 ; June 22, 1988, Pub. L. 100–342, §16(6)(D), 102 Stat. 635 .
21102(b) 45:63a(d) (related to 45:64a).
  45:64a(e). Mar. 4, 1907, ch. 2939, §5(e), 34 Stat. 1417 ; restated Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 464 .

In subsection (b), the words "with respect to one or more of its employees" are omitted as surplus because the authority to exempt a railroad carrier includes the authority to exempt only some of the employees of the carrier. The words "carrier to require or allow its employees to be on duty" are substituted for "any railroad described in this section to work its employees" for clarity and consistency in this chapter.