[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: 49CFR234.6]



[Page 570-571]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 234_GRADE CROSSING SIGNAL SYSTEM SAFETY--Table of Contents

 

                            Subpart A_General

 

Sec. 234.6  Penalties.



    (a) 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, 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. The 

railroad is not responsible for compliance with respect to any condition 

inconsistent with the technical standards set forth in this part where 

such variance arises as a result of actions beyond the control of the 

railroad and the railroad could not have prevented the variance through 

the exercise of due diligence. The foregoing sentence does not excuse 

any instance of noncompliance resulting from the actions of the 

railroad's employees, agents, or contractors.

    (b) Criminal penalty. Whoever knowingly and willfully makes, causes 

to be made, or participates in the making of a false entry in reports 

required to be filed by this part, or files a false report or other 

document required to be filed by this part is subject to a $5,000 fine 

and 2 years imprisonment as prescribed by 49 U.S.C. 522(a) and section 

209(e) of



[[Page 571]]



the Federal Railroad Safety Act of 1970, as amended (45 U.S.C. 438(e)).



[61 FR 31806, June 20, 1996, as amended at 63 FR 11623, Mar. 10, 1998; 

69 FR 30595, May 28, 2004]