[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: 49CFR234.6]



[Page 584-585]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 234_GRADE CROSSING SIGNAL SYSTEM SAFETY--Table of Contents

 

                            Subpart A_General

 

Sec.  234.6  Penalties.



    (a) 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



[[Page 585]]



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, 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. The railroad is not responsible for 

compliance with respect to any condition inconsistent with the technical 

standards set forth in this part where such variance arises as a result 

of actions beyond the control of the railroad and the railroad could not 

have prevented the variance through the exercise of due diligence. The 

foregoing sentence does not excuse any instance of noncompliance 

resulting from the actions of the railroad's employees, agents, or 

contractors.

    (b) Criminal penalty. Whoever knowingly and willfully makes, causes 

to be made, or participates in the making of a false entry in reports 

required to be filed by this part, or files a false report or other 

document required to be filed by this part is subject to a $5,000 fine 

and 2 years imprisonment as prescribed by 49 U.S.C. 522(a) and section 

209(e) of the Federal Railroad Safety Act of 1970, as amended (45 U.S.C. 

438(e)).



[61 FR 31806, June 20, 1996, as amended at 63 FR 11623, Mar. 10, 1998; 

69 FR 30595, May 28, 2004]