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Title 49, TransportationRelease 119-110

§20113 Enforcement by the States

Title 49 › SUBTITLE V — RAIL PROGRAMS › PART A — SAFETY › CHAPTER 201 — GENERAL › SUBCHAPTER I — GENERAL › § 20113

Last updated Sep 22, 2026|Official source

Summary

A State authority under section 20105 (State agencies that do railroad inspections) may go to federal court to get a judge to stop a railroad safety violation if the U.S. Secretary of Transportation does not start a civil lawsuit within 15 days after getting notice and a request to act. That right to sue does not apply if the Secretary writes that no violation happened or that other enforcement already makes the suit unnecessary. If the Secretary does not impose a civil penalty within 60 days after getting the State’s notice, the State may sue to impose and collect the penalty, unless the Secretary writes that no violation occurred. The case can be filed where the violation happened or where the defendant’s main office is, but the State may not sue outside its own State.

Full Legal Text

Title 49, §20113

Transportation, Source: USLM XML via OLRC

(a)Injunctive Relief.—
If the Secretary of Transportation does not begin a civil action under section 20112 of this title to enjoin the violation of a railroad safety regulation prescribed or order issued by the Secretary not later than 15 days after the date the Secretary receives notice of the violation and a request from a State authority participating in investigative and surveillance activities under section 20105 of this title that the action be brought, the authority may bring a civil action in a district court of the United States to enjoin the violation. This subsection does not apply if the Secretary makes an affirmative written finding that the violation did not occur or that the action is not necessary because of other enforcement action taken by the Secretary related to the violation.
(b)Imposition and Collection of Civil Penalties.—
If the Secretary does not impose the applicable civil penalty for a violation of a railroad safety regulation prescribed or order issued by the Secretary not later than 60 days after the date of receiving notice from a State authority participating in investigative and surveillance activities under section 20105 of this title, the authority may bring a civil action in a district court of the United States to impose and collect the penalty. This paragraph does not apply if the Secretary makes an affirmative written finding that the violation did not occur.
(c)Venue.—
A civil action under this section may be brought in the judicial district in which the violation occurred or the defendant has its principal executive office. However, a State authority may not bring an action under this section outside the State.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 20113(a)45:436(b)(1) (related to authority to bring actions), (2).Oct. 16, 1970, Pub. L. 91–458, § 207(b), (c), 84 Stat. 974; Nov. 2, 1978, Pub. L. 95–574, § 8, 92 Stat. 2461; restated Oct. 10, 1980, Pub. L. 96–423, § 5, 94 Stat. 1812. 45:439(a) (related to actions by States).Oct. 16, 1970, Pub. L. 91–458, § 210(a) (related to actions by States), 84 Stat. 975; Oct. 10, 1980, Pub. L. 96–423, § 9(a), 94 Stat. 1814; Nov. 16, 1990, Pub. L. 101–615, § 28(f), 104 Stat. 3277. 20113(b)45:436(a)(1) (related to authority to bring actions), (2).Oct. 16, 1970, Pub. L. 91–458, § 207(a), 84 Stat. 974; Nov. 2, 1978, Pub. L. 95–574, § 8, 92 Stat. 2461; restated Oct. 10, 1980, Pub. L. 96–423, § 5, 94 Stat. 1812; Nov. 16, 1990, Pub. L. 101–615, § 28(e), 104 Stat. 3277. 20113(c)45:436(a)(1) (related to venue), (b)(1) (related to venue), (c). 45:439(c) (related to actions by States).Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 210(c) (related to actions by States); added Oct. 10, 1980, Pub. L. 96–423, § 9(b), 94 Stat. 1815. In subsection (a), the language about jurisdiction in 45:439(a) (related to actions by States) is omitted for the reasons explained in the revision note for section 20112(a) of the revised title. In subsection (b), the word “impose” is substituted for “assess” for consistency. The words “the authority may bring a civil action in an appropriate district court of the United States” are substituted for “agency may apply to the United States district court” for consistency in the revised title and with other titles of the United States Code. The words “included in or made applicable to such rule, regulation, order, or standard” are omitted as surplus. In subsection (c), the reference to “section 207(d)” in section 210(c) of the Federal Railroad Safety Act of 1970 (Public Law 91–458, 84 Stat. 971), as added by section 9(b) of the Federal Railroad Safety Authorization Act of 1980 (Public Law 96–423, 94 Stat. 1815), is assumed to have been intended as a reference to section 207(c). The Federal Railroad Safety Authorization Act of 1980 was derived from S. 2730, which in turn was derived from H.R. 7104. See 126 Cong. Rec. 26535 (1980). section 207(d) in an earlier version of H.R. 7104 was redesignated as section 207(c) during the legislative process and no section 207(d) was enacted. See H.R. Rept. No. 96–1025, 96th Cong., 2d Sess., pp. 14, 15 (1980).

Reference

Citations & Metadata

Citation

49 U.S.C. § 20113

Title 49, Transportation

Last Updated

Sep 22, 2026

Release point: 119-110