[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR232.11]



[Page 542]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 232_BRAKE SYSTEM SAFETY STANDARDS for FREIGHT and OTHER NON-

 

                            Subpart A_General

 

Sec.  232.11  Penalties.



    (a) Any person (including but not limited to a railroad; any 

manager, supervisor, official, or other employee or agent of a railroad; 

any owner, manufacturer, lessor, or lessee of railroad equipment, track, 

or facilities; 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.

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

report required by this part is subject to criminal penalties under 49 

U.S.C. 21311.



[66 FR 4193, Jan. 17, 2001, as amended at 69 FR 30594, May 28, 2004]