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

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

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

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Stable record: federal_law:legal_authorities:record_usc_35c37b18fbf72e784b260af3
Source file: Laws/federal/codes/united-states-code/title-49/section-21301-chapter-201-general-violations--593bcee883.md
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Source location: Title 49, Chapter 213, § 21301; chapter-213-penalties.md

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**(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 compromise the amount of a civil penalty by settlement agreement without issuance of an order. In determining the amount of a compromise, the Secretary shall consider— (A) the nature, circumstances, extent, and gravity of the violation; (B) with respect to the violator, the degree of culpability, any history of violations, the ability to pay, and any effect on the ability to continue to do business; and (C) other matters that justice requires. (4) The Attorney General may bring a civil action in an appropriate district court of the United States to collect a civil penalty imposed or compromise under this section and any accrued interest on the civil penalty. In the civil action, the amount and appropriateness of the civil penalty shall not be subject to review. **(b) Setoff.—** The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the person liable for the penalty. **(c) Deposit in Treasury.—** A civil penalty collected under this section or [section 20113(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20113/b&num=0&edition=prelim) shall be deposited in the Treasury as miscellaneous receipts.

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

49 U.S.C. § 20160 — National crossing inventory

**(a) Initial Reporting of Information About Previously Unreported Crossings.—** Not later than 1 year after the date of enactment of the Rail Safety Improvement Act of 2008 or 6 months after a new crossing becomes operational, whichever occurs later, each railroad carrier shall— (1) report to the Secretary of Transportation current information, including information about warning devices and signage, as specified by the Secretary, concerning each previously unreported crossing through which it operates with respect to the trackage over which it operates; or (2) ensure that the information has been reported to the Secretary by another railroad carrier that operates through the crossing. **(b) Updating of Crossing Information.—** (1) On a periodic basis beginning not later than 2 years after the date of enactment of the Rail Safety Improvement Act of 2008 and on or before September 30 of every year thereafter, or as otherwise specified by the Secretary, each railroad carrier shall— (A) report to the Secretary current information, including information about warning devices and signage, as specified by the Secretary, concerning each crossing through which it operates with respect to the trackage over which it operates; or (B) ensure that the information has been reported to the Secretary by another railroad carrier that operates through the crossing. (2) A railroad carrier that sells a crossing or any part of a crossing on or after the date of enactment of the Rail Safety Improvement Act of 2008 shall, not later than the date that is 18 months after the date of enactment of that Act or 3 months after the sale, whichever occurs later, or as otherwise specified by the Secretary, report to the Secretary current information, as specified by the Secretary, concernin

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 20160

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

49 U.S.C. § 5303 — Metropolitan transportation planning

**(a) Policy.—** It is in the national interest— (1) to encourage and promote the safe and efficient management, operation, and development of resilient surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and between States and urbanized areas and better connect housing and employment, while minimizing transportation-related fuel consumption and air pollution through metropolitan and statewide transportation planning processes identified in this chapter; and (2) to encourage the continued improvement and evolution of the metropolitan and statewide transportation planning processes by metropolitan planning organizations, State departments of transportation, and public transit operators as guided by the planning factors identified in subsection (h) and section 5304(d). **(b) Definitions.—** In this section and section 5304, the following definitions apply: (1) **Metropolitan planning area.—** — The term “metropolitan planning area” means the geographic area determined by agreement between the metropolitan planning organization for the area and the Governor under subsection (e). (2) **Metropolitan planning organization.—** — The term “metropolitan planning organization” means the policy board of an organization established as a result of the designation process under subsection (d). (3) **Nonmetropolitan area.—** — The term “nonmetropolitan area” means a geographic area outside designated metropolitan planning areas. (4) **Nonmetropolitan local official.—** — The term “nonmetropolitan local official” means elected and appointed officials of general purpose local government in a nonmetropolitan area with responsibility for transportation. (5) **Regional transportation planning orga

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5303

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

49 U.S.C. § 21304 — Willfulness requirement for penalties against individuals

A civil penalty under this subchapter may be imposed against an individual only for a willful violation. An individual is deemed not to have committed a willful violation if the individual was following the direct order of a railroad carrier official or supervisor under protest communicated to the official or supervisor. The individual is entitled to document the protest.

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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).

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 20138

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

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

Page 620 TITLE 49—TRANSPORTATION § 21301 (2) WAIVER.—The Secretary may temporarily waive the requirements of this section, if nec- essary, to complete a pilot project under this subsection. (f) DUTY CALL DEFINED.—In this section the term ‘‘duty call’’ means a telephone call that a railroad places to an employee to notify the em- ployee of his or her assigned shift time. (Added Pub. L. 110–432, div. A, title I, § 108(e)(1), Oct. 16, 2008, 122 Stat. 4864.) Editorial Notes REFERENCES IN TEXT The date of enactment of the Rail Safety Improve- ment Act of 2008, referred to in subsecs. (b), (d)(3), and (e)(1), is the date of enactment of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008. Statutory Notes and Related Subsidiaries COMPLETION OF HOURS OF SERVICE AND FATIGUE STUDIES Pub. L. 117–58, div. B, title II, § 22408, Nov. 15, 2021, 135 Stat. 739, provided that: ‘‘(a) IN GENERAL.—Not later than 90 days after the date of enactment of this Act [Nov. 15, 2021], the Ad- ministrator of the Federal Railroad Administration shall commence the pilot programs required under sub- paragraphs (A) and (B) of section 21109(e)(1) of title 49, United States Code. ‘‘(b) CONSULTATION.—The Federal Railroad Adminis- tration shall consult with the class or craft of employ- ees impacted by the pilot projects, including railroad carriers, and representatives of labor organizations rep- resenting the impacted employees when designing and conducting the pilot programs referred to in subsection (a). ‘‘(c) REPORT.—If the pilot programs required under section 21109(e)(1) of title 49, United States Code, have not commenced on the date that is 1 year and 120 days after the date of enactment of this Act, the Secretary [of Transportation], not later than 30 days after su

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 21301

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