§20111 — Title 49 Transportation | U.S. Code

Summary

The Secretary of Transportation is the only official who can set or settle civil fines for breaking railroad safety rules. The Secretary can also ask a court to stop a rule violation (except where section 20113 says otherwise) and can recommend other enforcement steps under section 20112(a). The Secretary can order railroads to follow the safety rules. If a person’s violation shows they are not fit for safety-sensitive work, the Secretary can, after giving notice and a chance for a hearing, bar that person from safety-sensitive duties for a set time or until certain conditions are met. That does not limit emergency powers under section 20104. The Secretary must make rules that require a railroad told that a civil penalty will be recommended to report, by the 30th day after the month the notice was received, what it did to fix the problem or why it has not fixed it. The Secretary had to publish a notice of the proposed rules by June 3, 1993, and finalize the rules by September 3, 1994.

Title 49, §20111

Transportation — Source: USLM XML via OLRC

(a)The Secretary of Transportation has exclusive authority—

(1)to impose and compromise a civil penalty for a violation of a railroad safety regulation prescribed or order issued by the Secretary;

(2)except as provided in section 20113 of this title, to request an injunction for a violation of a railroad safety regulation prescribed or order issued by the Secretary; and

(3)to recommend appropriate action be taken under section 20112(a) of this title.

(b)The Secretary may issue an order directing compliance with this part or with a railroad safety regulation prescribed or order issued under this part.

(c)(1)If an individual’s violation of this part, chapter 51 of this title, or a regulation prescribed, or an order issued, by the Secretary under this part or chapter 51 of this title is shown to make that individual unfit for the performance of safety-sensitive functions, the Secretary, after providing notice and an opportunity for a hearing, may issue an order prohibiting the individual from performing safety-sensitive functions in the railroad industry for a specified period of time or until specified conditions are met.

(2)This subsection does not affect the Secretary’s authority under section 20104 of this title to act on an emergency basis.

(d)(1)The Secretary shall prescribe regulations to require that a railroad carrier notified by the Secretary that imposition of a civil penalty will be recommended for a failure to comply with this part, chapter 51 or 57 of this title, or a regulation prescribed or order issued under any of those provisions, shall report to the Secretary, not later than the 30th day after the end of the month in which the notification is received—

(A)actions taken to remedy the failure; or

(B)if appropriate remedial actions cannot be taken by that 30th day, an explanation of the reasons for the delay.

(2)The Secretary—

(A)not later than June 3, 1993, shall issue a notice of a regulatory proceeding for proposed regulations to carry out this subsection; and

(B)not later than September 3, 1994, shall prescribe final regulations to carry out this subsection.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 20111(a)45:435(a) (last sentence).Oct. 16, 1970, Pub. L. 91–458, § 206(a) (last sentence), 84 Stat. 973; Nov. 16, 1990, Pub. L. 101–615, § 28(a)(4), 104 Stat. 3276. 20111(b)45:437(a) (2d sentence).Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 208(a) (2d sentence); added Jan. 3, 1975, Pub. L. 93–633, § 206, 88 Stat. 2166; June 22, 1988, Pub. L. 100–342, § 8, 102 Stat. 628. 45:437(d)(1) (last sentence).Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 208(d)(1) (last sentence); added Oct. 10, 1980, Pub. L. 96–423, § 6(b), 94 Stat. 1814. 20111(c)45:438(f).Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 209(f); added June 22, 1988, Pub. L. 100–342, § 3(a)(4), 102 Stat. 625. 20111(d)45:437 (note).Sept. 3, 1992, Pub. L. 102–365, § 3, 106 Stat. 972. In this section, the word “impose” is substituted for “assess” for consistency. In subsection (b), the word “further” is omitted as surplus. In subsection (d), the words “this part, chapter 51 or 57 of this title” are substituted for “the Federal railroad safety laws, as such term is defined in section 441(e) of this title” because 45:441(e) is not restated as a definition.

Editorial Notes

Amendments

2008—Subsec. (c). Pub. L. 110–432 amended subsec. (c) generally. Prior to amendment, text read as follows: “If an individual’s violation of this chapter or any of the laws transferred to the jurisdiction of the Secretary of Transportation by subsection (e)(1), (2), and (6)(A) of section 6 of the Department of Transportation Act, as in effect on

June 1, 1994, or a regulation prescribed or order issued by the Secretary under this chapter is shown to make that individual unfit for the performance of safety-sensitive functions, the Secretary, after notice and opportunity for a hearing, may issue an order prohibiting the individual from performing safety-sensitive functions in the railroad industry for a specified period of time or until specified conditions are met. This subsection does not affect the Secretary’s authority under section 20104 of this title to act on an emergency basis.” 1994—Subsec. (c). Pub. L. 103–440 inserted “this chapter or any of the laws transferred to the jurisdiction of the Secretary of Transportation by subsection (e)(1), (2), and (6)(A) of section 6 of the Department of Transportation Act, as in effect on

June 1, 1994, or” after “individual’s violation of”.

§20111 Enforcement by the Secretary of Transportation