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Title 49 — TransportationRelease 119-73not60

§20138 Tampering with Safety and Operational Monitoring Devices

Title 49 › Subtitle SUBTITLE V— RAIL PROGRAMS › Part A— SAFETY › Chapter 201— GENERAL › Subchapter II— PARTICULAR ASPECTS OF SAFETY › § 20138

Last updated Apr 5, 2026|Official source

Summary

The Secretary of Transportation must make rules stopping people from willfully tampering with or turning off certain railroad safety or monitoring devices. A railroad carrier that runs a train with such a tampered or disabled device can be fined by the United States under section 21301. A person who tampers, or who knowingly operates or allows operation of such a train, faces penalties set by the Secretary, which can include a civil fine under section 21301, suspension from work, and suspension or loss of a license or certification under section 20135.

Full Legal Text

Title 49, §20138

Transportation — Source: USLM XML via OLRC

(a)The Secretary of Transportation shall prescribe regulations and issue orders to prohibit the willful tampering with, or disabling of, any specified railroad safety or operational monitoring device.
(b)(1)A railroad carrier operating a train on which a safety or operational monitoring device is tampered with or disabled in violation of a regulation prescribed or order issued under subsection (a) of this section is liable to the United States Government for a civil penalty under section 21301 of this title.
(2)An individual tampering with or disabling a safety or operational monitoring device in violation of a regulation prescribed or order issued under subsection (a) of this section, or knowingly operating or allowing to be operated a train on which such a device has been tampered with or disabled, is liable for penalties established by the Secretary. The penalties may include—
(A)a civil penalty under section 21301 of this title;
(B)suspension from work; and
(C)suspension or loss of a license or certification issued under section 20135 of this title.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 2013845:431(o).Oct 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 202(o); added June 22, 1988, Pub. L. 100–342, § 21, 102 Stat. 638; Sept. 3, 1992, Pub. L. 102–365, § 2(3), 106 Stat. 972. In subsection (a), the words “within 90 days after June 22, 1988” are omitted as expired. In subsection (b), the words “by another person” are omitted as surplus.

Reference

Citations & Metadata

Citation

49 U.S.C. § 20138

Title 49 — Transportation

Last Updated

Apr 5, 2026

Release point: 119-73not60