Page:United States Statutes at Large Volume 108 Part 2.djvu/159

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PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 875 individual's employer, prospective employer, or the Secretary, as the Secretary requires. (c) WAIVERS. —(1) The Secretary shall prescribe standards and establish procedures for waiving subsection (b)(4) of this section for an individual or class of individuals who the Secretary decides are not currently unfit to operate a locomotive. However, the Secretary may waive subsection (b)(4) for an individual or class of individuals with a conviction, cancellation, revocation, or suspension described in paragraph (2)(A) or (B) of this subsection only if the individual or class, after the conviction, cancellation, revocation, or suspension, successfully completes a rehabilitation program established by a railroad carrier or approved by the Secretary. (2) If an individual, after the conviction, cancellation, revocation, or suspension, successfully completes a rehabilitation program established by a railroad carrier or approved by the Secretary, the individual may not be denied a license or certification under subsection (b)(4) of this section because of— (A) a conviction for operating a motor vehicle when under the influence of, or impaired by, alcohol or a controlled substance; or (B) the cancellation, revocation, or suspension of the individual's motor vehicle operator's license for operating a motor vehicle when under the influence of, or impaired by, alcohol or a controlled substance. (d) OPPORTUNITY FOR HEARING. —An individual denied a license or certification or whose license or certification is conditioned on requirements prescribed under subsection (b)(4) of this section shall be entitled to a hearing under section 20103(e) of this title to decide whether the license has been properly denied or conditioned. (e) OPPORTUNITY TO EXAMINE AND COMMENT ON INFORMA- TION.—The Secretary, employer, or prospective employer, as appropriate, shall make information obtained under subsection (b)(6) of this section available to the individual. The individual shall be given an opportunity to comment in writing about the information. Any comment shall be included in any record or file maintained by the Secretary, employer, or prospective employer that contains information to which the comment is related. § 20136. Automatic train control and related systems The Secretary of Transportation shall prescribe regulations and issue orders to require that— (1) an individual performing a test of an automatic train stop, train control, or cab signal apparatus required by the Secretary to be performed before entering territory where the apparatus will be used shall certify in writing that the test was performed properly; and (2) the certification required under clause (1) of this subsection shall be maintained in the same way and place as the daily inspection report for the locomotive. §20137. Event recorders (a) DEFINITION.— In this section, "event recorder" means a device that— (1) records train speed, hot box detection, throttle position, brake application, brake operations, and any other function the Secretary of Transportation considers necessary to record Records. Regulations.