§21311 — Title 49 Transportation | U.S. Code

Summary

People who, on purpose and while aware of their actions, make false entries in records required by chapter 201, destroy or alter those records, leave out required facts, make or keep records against the rules under chapter 201, or file false reports with the Secretary of Transportation can be punished. The punishment can be a fine under title 18, up to 2 years in prison, or both. A railroad carrier that fails to file a report required by section 20901 can be fined up to $2,500. Each day the violation continues is a separate offense.

Title 49, §21311

Transportation — Source: USLM XML via OLRC

(a)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)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