CROSS REFERENCE Statutory exemptions from regulations of the Division of Public Contracts, Department of Labor, in cases where contract is with a common carrier for carriage of freight or personnel, and published tariff rates are in effect: See Public Contracts, 41 CFR 20.12 (e). Section 61.0 Method and form of monthly reports-(a) Forms and instructions prescribed. The accompanying forms entitled "Interstate Commerce Commission Hours of Service Report," and designated as Form No. 1: Oath and summary for use when there is excess service. Form No. 2: Employees on duty more than 16 consecutive hours. Form No. 3: Employees returned to duty after 16 hours' continuous service, without 10 consecutive hours off duty. Form No. 4: Employees returned to duty, after aggregate service of 16 hours, without 8 consecutive hours off duty. Form No. 5: Employees continued on duty after aggregate service of 16 hours. Form No. 6: Employees at continuously operated day-and-night offices, who dispatch, report, transmit, receive or deliver orders affecting train movements, and who were on duty more than 9 hours in any 24-hour period. Form No. 7: Employees at offices operated only during the daytime, or not to exceed 13 hours in a 24-hour period, who dispatch, report, transmit, receive, or deliver orders affecting train movements, and who are on duty for a longer period than 13 hours in any 24-hour period. Form No. 8: Oath for use when there is no excess serviceand the method embodied in the instructions set forth, are hereby adopted and prescribed; and all common carriers subject to said Act are hereby notified to use and follow the said prescribed forms and method in making monthly reports of hours of service of employees on duty for a longer period than that named in said Act. (b) Instructions to be followed in filling out the blanks. (1) A verified report, in accordance with the method and forms prescribed, must be sent to the Interstate Commerce Commission for each month, showing all employees who were on duty in excess of the period allowed by the Hours of Service Act of March 4, 1907, or who were on duty without the period off duty prescribed by that Act, such report to be filed with the Commission within 30 days after the end of the month for which the report is made. In case any employees have performed excess service, or have returned to duty without having had the statutory period off duty, the proper forms are to be filled out and the oath, Form 1, must be executed. If no employee has performed excess service and no employee has gone on duty with less than the statutory period off duty, the oath, Form 8, properly executed, will be accepted in lieu of Forms 1, 2, 3, 4, 5, 6, and 7. To provide for the retention of duplicate copies of these reports forms are printed in copying ink. The monthly report should be made up in the following order: Form 1: Oath of officer and summary. Page 693 Form 2: One sheet for each case upon which any member or members of a train crew were on duty more than 16 consecutive hours. Form 3: One sheet for each case where any member or members of a train crew returned to duty after 16 hours' continuous service without 10 consecutive hours off duty. Form 4: One sheet for each case where any member or members of a train crew returned to duty after aggregate service of 16 hours in any 24-hour period without 8 consecutive hours off duty. Form 5: One sheet for each case where any member or members of a train crew continued on duty after aggregate service of 16 hours. Form 6: One sheet for each case where an employee who transmits, receives, or delivers orders affecting train movements at continuously operated day-and-night offices was on duty longer than 9 hours in any 24-hour period. Form 7: One sheet for each case where an employee who transmits, receives, or delivers orders affecting train movements at offices regularly operated not exceeding 13 hours in a 24-hour period, was on duty for a longer period than 13 hours in any 24-hour period. Form 8: In case no employee has been on duty in excess of the period allowed by law, nor has gone on duty with less than the statutory period off duty, the oath, Form 8, will be used. (2) Instructions for filling out Form 2: On this form should be reported all employees who were on duty continuously for more than 16 consecutive hours. The members of only one crew performing excess service should be reported on a single sheet. The direction in which train was moving should be stated. In the space provided for explanation of excess service all delays alleged as causing such excess service must be noted, the cause of such delay or delays must be given in detail, and the time at which each such delay began and ended must be given. If the delay alleged as the cause of excess service resulted from the detention of another train, the reason for the delay, the reason for the detention of the other train, and its number and direction, and the time when the delay began and ended, must be given. If the excess service does not apply to all members of a crew alike, the reason that any member of a crew was retained on duty after other members of the same crew had been relieved must be stated. If the excess service was caused by a derailment, collision, or other accident, either to the train involved or to another train, the nature and cause of the accident, the time of its occurrence, and the train or trains involved in the accident must be noted. (3) Instructions for filling out Form 3: If any employees have returned to duty after 16 hours' continuous service without having had 10 consecutive hours off duty, the reason why they were so returned to duty must be given in detail. (4) Instructions for filling out Form 4: If any employees have returned to duty after an aggregate service of 16 hours in any 24-hour period, without having had 8 consecutive hours off duty, the reason why such employees so returned to duty must be clearly stated. In the space for the entry of details of service the exact time Page 694 when each period of service making up the aggregate 16 hours of service began and ended must be given. (5) Instructions for filling out Form 5: If any employees have remained on duty after an aggregate service of 16 hours in any 24-hour period, the reason why such employees so continued in service must be clearly stated. In the space for the entry of details of service the exact time when each period of service making up the aggregate of 16 hours of service began and ended must be given. (6) Instructions for filling out Form 6: In case an employee who transmits, receives, or delivers orders affecting train movements at a continuously operated day-and-night office was on duty longer than nine hours in any 24-hour period, the time when the employee went on duty, the time when the employee was relieved from duty, and the reason for the excess service must be given. (7) Instructions for filling out Form 7: In case an employee who transmits, receives, or delivers orders affecting train movements at any office regularly operated not exceeding 13 hours in a 24-hour period was on duty longer than 13 hours in any 24-hour period, the time when the employee went on duty, the time when the employee was relieved from duty, and the reason for the excess service must be given. (8) The following abbreviations for occupations may be used: Cond., conductor; engr., engineer; frmn., fireman; trn., trainman, brakeman, baggageman, or flagman; swmn., switchman; opr., operator; tr. d., train dispatcher; tow., towerman; ex., extra.*f *§§ 61.0 to 61.104, inclusive, issued under the authority contained in secs. 1-4, 34 Stat. 1415-1417, sec. 14, 36 Stat. 555; 45 U.S.C. 61-64, 49 U.S.C. 20 (2). †The source of §§ 61.0 to 61.8, inclusive, is Order, In the matter of alteration in the method and form of monthly reports of hours of service of employees on railroads subject to the Act of March 4, 1907, Interstate Commerce Commission, Apr. 8, 1912. Page 695 of the being duly sworn, deposes and says that he is Rail.. the Company, and the official thereof to whom hours of service of employees actually engaged in or connected with the movement of trains is reported by its subordinate officers and agents; and that annexed hereto is a sheet or sheets constituting a full and true report, according to the best of his knowledge, information, and belief, of all such hours of service and following periods off duty of the aforesaid employees of said company who were employed in excess of the statutory period or who had not the statutory period off duty during the month of 19 together with the causes therefor and the circumstances connected therewith and explanatory thereof insofar as required by the method and forms prescribed by the Interstate Commerce Commission pursuant to the act of Congress entitled "An Act to promote the safety of employees and travelers upon railroads by limiting the hours of service of employees thereon", approved March 4, 1907. SUBSCRIBED AND SWORN TO before me this day of SUMMARY 19..... FORM 2.-Employees on duty more than 16 consecutive hours....... FORM 3.-Employees returned to duty after 16 hours continuous service, without 10 consecutive hours off duty. FORM 6.-Employees at continuously operated day-and-night offices, who dispatch, report, transmit, receive, or deliver orders affecting train movements, and who were on duty more than 9 hours in any 24-hour period.. FORM 7.-Employees at offices operated only during the daytime, or not to exceed 13 hours in a 24-hour period, who dispatch, report, transmit, receive, or deliver orders affecting train movements, and who were on duty for a longer period than 13 hours in any 24-hour period........ TOTAL Page 696 *For statutory and source citations, see note to § 61.0. |