PRIA, Government Policy, Made Personal

Summary

Knowingly and willfully making false entries in required records or reports, destroying or changing them, leaving out required facts, keeping records against the rules, or filing a false report with the Secretary of Transportation can lead to criminal punishment. A person can be fined, jailed for up to 2 years, or both. A railroad carrier that fails to file required accident or incident reports faces a fine of up to $2,500, and a separate fine applies for each day the failure continues.

Title 49, §21311

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(a)Records and Reports Under Chapter 201.—

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)Accident and Incident Reports.—

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