§21311 — Title 49 Transportation | U.S. Code

Summary

Makes it a crime for someone to intentionally lie about, destroy, change, leave out required facts from, or otherwise break the rules for railroad records and reports that must be kept or filed. A person who does this can be fined under federal law, put in jail for up to 2 years, or both. If a railroad company fails to file a report required under section 20901, it can be fined up to $2,500 for each day the failure continues.

Title 49, §21311

Transportation — Source: USLM XML via OLRC

(a)A person shall be fined under title 18, imprisoned for not more than 2 years, or both, if the person knowingly and willfully—

(1)makes a false entry in a record or report required to be made or preserved under chapter 201 of this title;

(2)destroys, mutilates, changes, or by another means falsifies such a record or report;

(3)does not enter required specified facts and transactions in such a record or report;

(4)makes or preserves such a record or report in violation of a regulation prescribed or order issued under chapter 201 of this title; or

(5)files a false record or report with the Secretary of Transportation.

(b)A railroad carrier not filing a report in violation of section 20901 of this title shall be fined not more than $2,500. A separate violation occurs for each day the violation continues.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 21311(a)45:438(e).Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 209(e); added Oct. 10, 1980, Pub. L. 96–423, § 7, 94 Stat. 1814. 21311(b)45:39 (related to fine).May 6, 1910, ch. 208, § 2 (related to fine), 36 Stat. 351; Jan. 3, 1975, Pub. L. 93–633, § 204(b), 88 Stat. 2166; June 22, 1988, Pub. L. 100–342, § 15(2), 102 Stat. 634; Sept. 3, 1992, Pub. L. 102–365, § 4(a)(3), 106 Stat. 973. In subsection (a), before clause (1), the words “fined under title 18” are substituted for “fined not more than $5,000” for consistency with title 18. In clause (1), the word “prepared” is omitted as surplus. In clause (4), the word “prepares” is omitted as surplus. In subsection (b), the words “shall be deemed guilty of a misdemeanor” are omitted for consistency with title 18. The words “upon conviction thereof by a court of competent jurisdiction” and “punished by a” are omitted as surplus.

Editorial Notes

Amendments

2008—Subsec. (b). Pub. L. 110–432 amended subsec. (b) generally. Prior to amendment, text read as follows: “A railroad carrier not filing the report required by section 20901 of this title shall be fined not more than $500 for each violation and not more than $500 for each day during which the report is overdue.”

§21311 Records and reports