PRIA, Government Policy, Made Personal

Summary

Sets fines for railroads, their officers, and related people who break certain federal railroad rules. Different kinds of violations have different fines. Each day a violation keeps happening counts as another separate violation. Breaking most rules or orders can bring a fine up to $5,000 for each violation. Violating rules under sections 11124(a)(2) or 11124(b) brings $500 per violation and $25 for each day it continues. Letting or approving a break of sections 10901–10906 can cost up to $5,000. Violating orders under sections 11123 or 11124(a)(1) costs $100 to $500 per violation and $50 per day. Failing to make or send required records can cost $500. Violating section 11144(b)(1), or not filing or truthfully answering reports or questions, costs $100 per violation. Court cases over these fines must be held where the railroad’s main office is or where its railroad runs.

Title 49, §11901

Transportation, Source: USLM XML via OLRC

(a)Except as otherwise provided in this section, a rail carrier providing transportation subject to the jurisdiction of the Board under this part, an officer or agent of that rail carrier, or a receiver, trustee, lessee, or agent of one of them, knowingly violating this part or an order of the Board under this part is liable to the United States Government for a civil penalty of not more than $5,000 for each violation. Liability under this subsection is incurred for each distinct violation. A separate violation occurs for each day the violation continues.

(b)A rail carrier providing transportation subject to the jurisdiction of the Board under this part, or a receiver or trustee of that rail carrier, violating a regulation or order of the Board under section 11124(a)(2) or (b) of this title is liable to the United States Government for a civil penalty of $500 for each violation and for $25 for each day the violation continues.

(c)A person knowingly authorizing, consenting to, or permitting a violation of sections 10901 through 10906 of this title or of a requirement or a regulation under any of those sections, is liable to the United States Government for a civil penalty of not more than $5,000.

(d)A rail carrier, receiver, or operating trustee violating an order or direction of the Board under section 11123 or 11124(a)(1) of this title is liable to the United States Government for a civil penalty of at least $100 but not more than $500 for each violation and for $50 for each day the violation continues.

(e)(1)A person required under subchapter III of chapter 111 of this title to make, prepare, preserve, or submit to the Board a record concerning transportation subject to the jurisdiction of the Board under this part that does not make, prepare, preserve, or submit that record as required under that subchapter, is liable to the United States Government for a civil penalty of $500 for each violation.

(2)A rail carrier providing transportation subject to the jurisdiction of the Board under this part, and a lessor, receiver, or trustee of that rail carrier, violating section 11144(b)(1) of this title, is liable to the United States Government for a civil penalty of $100 for each violation.

(3)A rail carrier providing transportation subject to the jurisdiction of the Board under this part, a lessor, receiver, or trustee of that rail carrier, a person furnishing cars, and an officer, agent, or employee of one of them, required to make a report to the Board or answer a question that does not make the report or does not specifically, completely, and truthfully answer the question, is liable to the United States Government for a civil penalty of $100 for each violation.

(4)A separate violation occurs for each day a violation under this subsection continues.

(f)Trial in a civil action under subsections (a) through (e) of this section is in the judicial district in which the rail carrier has its principal operating office or in a district through which the railroad of the rail carrier runs.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 11901, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1455; Pub. L. 96–454, § 8(a), Oct. 15, 1980, 94 Stat. 2019; Pub. L. 96–510, title III, § 306(c), Dec. 11, 1980, 94 Stat. 2810; Pub. L. 97–261, § 23, Sept. 20, 1982, 96 Stat. 1124; Pub. L. 98–554, title II, §§ 226(c)(6), 227(a)(1), Oct. 30, 1984, 98 Stat. 2852; Pub. L. 103–180, §§ 6(b), 7(c), Dec. 3, 1993, 107 Stat. 2051, 2052, related to general civil penalties, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See section 11901, 14901, and 16101 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.

§11901 General Civil Penalties