[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: 49CFR240.11]



[Page 733]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 240_QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS--Table 

of Contents

 

                            Subpart A_General

 

Sec. 240.11  Penalties and consequences for noncompliance.



    (a) A person 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) A person who violates any requirement of this part or causes the 

violation of any such requirement may be subject to disqualification 

from all safety-sensitive service in accordance with part 209 of this 

chapter.

    (c) A 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.

    (d) In addition to the enforcement methods referred to in paragraphs 

(a), (b), and (c) of this section, FRA may also address violations of 

this part by use of the emergency order, compliance order, and/or 

injunctive provisions of the Federal Railroad Safety Act.



[56 FR 28254, June 19, 1991, as amended at 63 FR 11624, Mar. 10, 1998; 

64 FR 60989, Nov. 8, 1999; 69 FR 30595, May 28, 2004]