[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: 49CFR235.9]



[Page 582]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 235_INSTRUCTIONS GOVERNING APPLICATIONS FOR APPROVAL OF A 

DISCONTINUANCE OR MATERIAL MODIFICATION OF A SIGNAL SYSTEM OR 

RELIEF FROM THE REQUIREMENTS OF PART 236--Table of Contents

 

Sec. 235.9  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 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.



[63 FR 11623, Mar. 10, 1998, as amended at 69 FR 30595, May 28, 2004]