[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: 49CFR239.11]



[Page 719-720]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 239_PASSENGER TRAIN EMERGENCY PREPAREDNESS--Table of Contents

 

                            Subpart A_General

 

Sec. 239.11  Penalties.



    Any person who violates any requirement of this part or causes the 

violation of any such requirement is subject



[[Page 720]]



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. 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 (formerly codified 

in 45 U.S.C. 438(e)). Appendix A contains a schedule of civil penalty 

amounts used in connection with this part.



[63 FR 24676, May 4, 1998, as amended at 69 FR 30595, May 28, 2004]