[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: 49CFR238.11]



[Page 652]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 238_PASSENGER EQUIPMENT SAFETY STANDARDS--Table of Contents

 

                            Subpart A_General

 

Sec. 238.11  Penalties.



    (a) Any person, as defined in Sec. 238.5, 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.

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

report required by this part may be subject to criminal penalties under 

49 U.S.C. 21311.



[64 FR 25660, May 12, 1999, as amended at 69 FR 30595, May 28, 2004]



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