[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: 49CFR217.5]



[Page 191-192]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 217_RAILROAD OPERATING RULES--Table of Contents

 

                            Subpart A_General

 

Sec. 217.5  Penalty.



    Any person (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



[[Page 192]]



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; and any employee 

of such owner, manufacturer, lessor, lessee, or independent contractor) 

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.



[53 FR 28599, July 28, 1988, as amended at 53 FR 52927, Dec. 29, 1988; 

63 FR 11620, Mar. 10, 1998; 69 FR 30593, May 28, 2004]