(Download) "Atchison, Topeka and Santa Fe Railway Co. v. Pena" by United States Court of Appeals for the Seventh Circuit # Book PDF Kindle ePub Free

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Title: Atchison, Topeka and Santa Fe Railway Co. v. Pena
Author : United States Court of Appeals for the Seventh Circuit
Release Date : January 29, 1994
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 80 KB

Description

BAUER, Circuit Judge. Petitioners, nine of the nation's largest railroads accounting for ninety percent of the industry's train operations, petition for review of the Federal Railroad Administration's (FRA) re-interpretation of the Hours of Service Act of 1907, 45 U.S.C. §§ 61-66. The railroads challenge the FRA's recent announcement that it was abandoning an established interpretation of the Act and would consider as time on duty that time spent waiting for transportation to a designated terminal by a train crew that has been relieved of all operating duties of the train to which it is assigned. We find that the FRA's decision is entitled to no deference, and we interpret the Act, and eighty-five years of industry practice, such that this waiting time does not constitute time on duty. Some background is necessary to place this issue in proper context. The Hours of Service Act imposes a limit on the maximum hours of service that a train crew can continuously operate trains while on duty. From the date of its original enactment through the late 1960's, the Interstate Commerce Commission administered and enforced the Act. Then, the Federal Railroad Administration, a component of the Department of Transportation, was created to take over these duties from the ICC.