[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: 49CFR232.11]



[Page 527-528]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 232_BRAKE SYSTEM SAFETY STANDARDS for FREIGHT and OTHER 

NON-PASSENGER TRAINS and EQUIPMENT; END-of-TRAIN DEVICES--Table 

of Contents

 

                            Subpart A_General

 

Sec. 232.11  Penalties.



    (a) Any person (including but not limited to a railroad; any 

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

any owner, manufacturer, lessor, or lessee of railroad



[[Page 528]]



equipment, track, or facilities; 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, but 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. 

Appendix A to this part contains a schedule of civil penalty amounts 

used in connection with this rule.

    (b) Any person who knowingly and willfully falsifies a record or 

report required by this part is subject to criminal penalties under 49 

U.S.C. 21311.



[66 FR 4193, Jan. 17, 2001, as amended at 69 FR 30594, May 28, 2004]