[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR213.15]



[Page 97]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 213_TRACK SAFETY STANDARDS--Table of Contents

 

                            Subpart A_General

 

Sec. 213.15  Penalties.



    (a) Any 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. ``Person'' means an entity of any type 

covered under 1 U.S.C. 1, including but not limited to the following: a 

railroad; a manager, supervisor, official, or other employee or agent of 

a railroad; any owner, manufacturer, lessor, or lessee of railroad 

equipment, track, or facilities; any independent contractor providing 

goods or services to a railroad; any employee of such owner, 

manufacturer, lessor, lessee, or independent contractor; and anyone held 

by the Federal Railroad Administrator to be responsible under Sec. 

213.5(d) or Sec. 213.303(c). Each day a violation continues shall 

constitute a separate offense. See appendix B to this part for a 

statement of agency civil penalty policy.

    (b) Any 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.



[63 FR 34029, June 22, 1998, as amended at 69 FR 30593, May 28, 2004]