[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR236.0]

[Page 638-639]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 236_RULES, STANDARDS, AND INSTRUCTIONS GOVERNING THE INSTALLATION, 
 
Sec.  236.0  Applicability, minimum requirements, and penalties.

    (a) Except as provided in paragraph (b) of this section, this part 
applies to all railroads.
    (b) This part does not apply to--
    (1) A railroad that operates only on track inside an installation 
that is not part of the general railroad system of transportation; or
    (2) Rapid transit operations in an urban area that are not connected 
to the general railroad system of transportation.
    (c) Where a passenger train is operated at a speed of 60 or more 
miles per hour, or a freight train is operated at a speed of 50 or more 
miles per hour, a block signal system complying with the provisions of 
this part shall be installed or a manual block system shall be placed 
permanently in effect which shall conform to the following conditions:
    (1) A passenger train shall not be admitted to a block occupied by 
another train except under flag protection;
    (2) No train shall be admitted to a block occupied by a passenger 
train except under flag protection;
    (3) No train shall be admitted to a block occupied by an opposing 
train except under flag protection; and
    (4) A freight train, including a work train, may be authorized to 
follow a freight train, including a work train, into a block but the 
following train must proceed prepared to stop within one-half the range 
of vision but not exceeding 20 miles per hour.
    (d) Where any train is operated at a speed of 80 or more miles per 
hour, an automatic cab signal, automatic train stop or automatic train 
control system complying with the provisions of this part shall be 
installed.
    (e) Nothing in this section authorizes the discontinuance of a block 
signal system, interlocking, traffic control system, automatic train 
stop, train control, or cab signal system without approval of the 
Federal Railroad Administration.
    (f) 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 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 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.

[[Page 639]]

    (g) A person may also be subject to criminal penalties for knowingly 
and wilfully making a false entry in a record or report required to be 
made under this part, filing a false record or report, or violating any 
of the provisions of 49 U.S.C. 21311.
    (h) The requirements of subpart H of this part apply to safety-
critical processor-based signal and train control systems, including 
subsystems and components thereof, developed under the terms and 
conditions of that subpart.

[49 FR 3382, Jan. 26, 1984, as amended at 53 FR 52936, Dec. 29, 1988; 63 
FR 11624, Mar. 10, 1998; 69 FR 30595, May 28, 2004; 70 FR 11095, Mar. 7, 
2005]

    Effective Date Note: At 72 FR 51198, Sept. 6, 2007, paragraph (f) in 
Sec.  236.0 was amended by removing the numerical amount ``$11,000'' and 
adding in its place the numerical amount ``$16,000'', effective October 
9, 2007.