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49 U.S.C. § 20138 — Tampering with safety and operational monitoring devices

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 20138 — Tampering with safety and operational monitoring devices

**(a) General.—** 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) Penalties.—** (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section21301&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section21301&num=0&edition=prelim); (B) suspension from work; and (C) suspension or loss of a license or certification issued under [section 20135 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20135&num=0&edition=prelim).

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Source location: Title 49, Chapter 201, § 20138; chapter-201-general.md

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 21301 — Chapter 201 general violations

**(a) Penalty.—** (1) A person may not fail to comply with section 20160 or with a regulation prescribed or order issued by the Secretary of Transportation under chapter 201 of this title. Subject to [section 21304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section21304&num=0&edition=prelim), a person violating [section 20160 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20160&num=0&edition=prelim) or a regulation prescribed or order issued by the Secretary under chapter 201 is liable to the United States Government for a civil penalty. The Secretary shall impose the penalty applicable under paragraph (2) of this subsection. A separate violation occurs for each day the violation continues. (2) The Secretary shall include in, or make applicable to, each regulation prescribed and order issued under chapter 201 of this title a civil penalty for a violation. The Secretary shall impose a civil penalty for a violation of [section 20160 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20160&num=0&edition=prelim). The amount of the penalty shall be at least $500 but not more than $25,000. However, when a grossly negligent violation or a pattern of repeated violations has caused an imminent hazard of death or injury to individuals, or has caused death or injury, the amount may be not more than $100,000. (3) The Secretary may find that a person has violated this chapter or a regulation prescribed or order, special permit, or approval issued under this chapter only after notice and an opportunity for a hearing. The Secretary shall impose a penalty under this section by giving the person written notice of the amount of the penalty. The Secretary may com

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 20135 — Licensing or certification of locomotive operators

**(a) General.—** The Secretary of Transportation shall prescribe regulations and issue orders to establish a program requiring the licensing or certification, after one year after the program is established, of any operator of a locomotive. **(b) Program Requirements.—** The program established under subsection (a) of this section— (1) shall be carried out through review and approval of each railroad carrier’s operator qualification standards; (2) shall provide minimum training requirements; (3) shall require comprehensive knowledge of applicable railroad carrier operating practices and rules; (4) except as provided in subsection (c)(1) of this section, shall require consideration, to the extent the information is available, of the motor vehicle driving record of each individual seeking licensing or certification, including— (A) any denial, cancellation, revocation, or suspension of a motor vehicle operator’s license by a State for cause within the prior 5 years; and (B) any conviction within the prior 5 years of an offense described in section 30304(a)(3)(A) or (B) of this title; (5) may require, based on the individual’s driving record, disqualification or the granting of a license or certification conditioned on requirements the Secretary prescribes; and (6) shall require an individual seeking a license or certification— (A) to request the chief driver licensing official of each State in which the individual has held a motor vehicle operator’s license within the prior 5 years to provide information about the individual’s driving record to the individual’s employer, prospective employer, or the Secretary, as the Secretary requires; and (B) to make the request provided for in [section 30305(b)(4) of this title](https://uscode.house.gov/view.xhtml?re

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 20138 — Tampering with safety and operational

Page 575 TITLE 49—TRANSPORTATION § 20140 for compliance with such requirement, but in no event shall such deadline be extended past 18 months after such rules, regulations, orders, and standards are issued’’ to eliminate unnecessary words. § 20138. Tampering with safety and operational monitoring devices (a) GENERAL.—The Secretary of Transpor- tation shall prescribe regulations and issue or- ders to prohibit the willful tampering with, or disabling of, any specified railroad safety or operational monitoring device. (b) PENALTIES.—(1) A railroad carrier oper- ating 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 lia- ble 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 vio- lation of a regulation prescribed or order issued under subsection (a) of this section, or know- ingly operating or allowing to be operated a train on which such a device has been tampered with or disabled, is liable for penalties estab- lished by the Secretary. The penalties may in- clude— (A) a civil penalty under section 21301 of this title; (B) suspension from work; and (C) suspension or loss of a license or certifi- cation issued under section 20135 of this title. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 876.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20138 .......... 45:431(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.

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