[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR240.11]

[Page 665]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 240_QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS--Table 
of Contents
 
                            Subpart A_General
 
Sec. 240.11  Penalties and consequences for noncompliance.

    (a) A person who violates any requirement of this part or causes the 
violation of any such requirement is subject to a civil penalty of at 
least $550 and not more than $11,000 per violation, except that: 
Penalties may be assessed against individuals only for willful 
violations, and, where a grossly negligent violation or a pattern of 
repeated violations has created an imminent hazard of death or injury to 
persons, or has caused death or injury, a penalty not to exceed $27,000 
per violation may be assessed. Each day a violation continues shall 
constitute a separate offense. See Appendix A to this part for a 
statement of agency civil penalty policy.
    (b) A person who violates any requirement of this part or causes the 
violation of any such requirement may be subject to disqualification 
from all safety-sensitive service in accordance with part 209 of this 
chapter.
    (c) A person who knowingly and willfully falsifies a record or 
report required by this part may be subject to criminal penalties under 
49 U.S.C. 21311.
    (d) In addition to the enforcement methods referred to in paragraphs 
(a), (b), and (c) of this section, FRA may also address violations of 
this part by use of the emergency order, compliance order, and/or 
injunctive provisions of the Federal Railroad Safety Act.

[56 FR 28254, June 19, 1991, as amended at 63 FR 11624, Mar. 10, 1998; 
64 FR 60989, Nov. 8, 1999; 69 FR 30595, May 28, 2004]