[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: 49CFR228.21]



[Page 368-369]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 228_HOURS OF SERVICE OF RAILROAD EMPLOYEES--Table of Contents

 

                     Subpart B_Records and Reporting

 

Sec. 228.21  Civil 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 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,



[[Page 369]]



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 B to this part for a statement of agency civil penalty policy. 

Violations of the Hours of Service Act itself (e.g., requiring an 

employee to work excessive hours or beginning construction of a sleeping 

quarters subject to approval under subpart C of this part without prior 

approval) are subject to penalty under that Act's penalty provision, 45 

U.S.C. 64a.



[53 FR 52931, Dec. 29, 1988, as amended at 63 FR 11622, Mar. 10, 1998; 

69 FR 30594, May 28, 2004]