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49 U.S.C. § 21303 — Chapter 211 violations

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

49 U.S.C. § 21303 — Chapter 211 violations

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Stable record: federal_law:legal_authorities:record_usc_3d4291f3b006f68ed4392a71
Source file: Laws/federal/codes/united-states-code/title-49/section-21303-chapter-211-violations--ad17308d25.md
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Source location: Title 49, Chapter 213, § 21303; chapter-213-penalties.md

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**(a) Penalty.—** (1) 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 chapter 211 of this title, including section 21103 (as such section was in effect on the day before the date of enactment of the Rail Safety Improvement Act of 2008), or violating any provision of a waiver applicable to that person that has been granted under [section 21108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section21108&num=0&edition=prelim), is liable to the United States Government for a civil penalty. An act by an individual that causes a railroad carrier to be in violation is a violation. For a violation of [section 21106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section21106&num=0&edition=prelim), a separate violation occurs for each day a facility is not in compliance. (2) The Secretary of Transportation imposes a civil penalty under this subsection. 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 compromise the amount of the civil penalty under [section 3711 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3711&num=0&edition=prelim). 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) If the Secretary does not compromise the amount of the civil penalty, the Secretary shall refer the matter to the Attorney General for collection. **(b) Civil Actions To Collect.—** (1) The Attorney General shall bring a civil action in a district court of the United States to collect a civil penalty that is referred to the Attorney General for collection under subsection (a) of this section after satisfactory information is presented to the Attorney General. The action may be brought in the judicial district in which the violation occurred or the defendant has its principal executive office. If the action is against an individual, the action also may be brought in the judicial district in which the individual resides. (2) A civil action under this subsection must be brought not later than 2 years after the date of the violation unless administrative notification under [section 3711 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3711&num=0&edition=prelim) is given within that 2-year period to the person committing the violation. However, even if notification is given, the action must be brought within the period specified in [section 2462 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2462&num=0&edition=prelim). **(c) Imputation of Knowledge.—** In any proceeding under this section, a railroad carrier is deemed to know the acts of its officers and agents.

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

31 U.S.C. § 3711 — Collection and compromise

**(a)** The head of an executive, judicial, or legislative agency— (1) shall try to collect a claim of the United States Government for money or property arising out of the activities of, or referred to, the agency; (2) may compromise a claim of the Government of not more than $100,000 (excluding interest) or such higher amount as the Attorney General may from time to time prescribe that has not been referred to another executive or legislative agency for further collection action, except that only the Comptroller General may compromise a claim arising out of an exception the Comptroller General makes in the account of an accountable official; and (3) may suspend or end collection action on a claim referred to in clause (2) of this subsection when it appears that no person liable on the claim has the present or prospective ability to pay a significant amount of the claim or the cost of collecting the claim is likely to be more than the amount recovered. **(b)** (1) The head of an executive, judicial, or legislative agency may not act under subsection (a)(2) or (3) of this section on a claim that appears to be fraudulent, false, or misrepresented by a party with an interest in the claim, or that is based on conduct in violation of the antitrust laws. (2) The Secretary of Transportation may not compromise for less than $500 a penalty under [section 21302 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section21302&num=0&edition=prelim) for a violation of chapter 203, 205, or 207 of title 49 or a regulation or requirement prescribed or order issued under any of those chapters. **(c)** A compromise under this section is final and conclusive unless gotten by fraud, misrepresentation, presenting a false claim, or mutual mistake of fact

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3711

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

49 U.S.C. § 21106 — Limitations on employee sleeping quarters

**(a) In General.—** A railroad carrier and its officers and agents— (1) may provide sleeping quarters (including crew quarters, camp or bunk cars, and trailers) for employees, and any individuals employed to maintain the right of way of a railroad carrier, only if the sleeping quarters are clean, safe, and sanitary, give those employees and individuals an opportunity for rest free from the interruptions caused by noise under the control of the carrier, and provide indoor toilet facilities, potable water, and other features to protect the health of employees; and (2) may not begin, after July 7, 1976, construction or reconstruction of sleeping quarters referred to in clause (1) of this section in an area or in the immediate vicinity of an area, as determined under regulations prescribed by the Secretary of Transportation, in which railroad switching or humping operations are performed. **(b) Camp Cars.—** Not later than December 31, 2009, any railroad carrier that uses camp cars shall fully retrofit or replace such cars in compliance with subsection (a). **(c) Regulations.—** Not later than April 1, 2010, the Secretary of Transportation, in coordination with the Secretary of Labor, shall prescribe regulations to implement subsection (a)(1) to protect the safety and health of any employees and individuals employed to maintain the right of way of a railroad carrier that uses camp cars, which shall require that all camp cars comply with those regulations by December 31, 2010. In prescribing the regulations, the Secretary shall assess the action taken by any railroad carrier to fully retrofit or replace its camp cars pursuant to this section. **(d) Compliance and Enforcement.—** The Secretary shall determine whether a railroad carrier has fully retrofitted or replaced

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 21106

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

49 U.S.C. § 21108 — Pilot projects

**(a) In General.—** As of the date of enactment of the Rail Safety Improvement Act of 2008, a railroad carrier or railroad carriers and all nonprofit employee labor organizations representing any class or craft of directly affected covered service employees of the railroad carrier or railroad carriers, may jointly petition the Secretary of Transportation for approval of— (1) a waiver of compliance with this chapter as in effect on the date of enactment of the Rail Safety Improvement Act of 2008; or (2) a waiver of compliance with this chapter as it will be effective 9 months after the enactment of the Rail Safety Improvement Act of 2008, to enable the establishment of one or more pilot projects to demonstrate the possible benefits of implementing alternatives to the strict application of the requirements of this chapter, including requirements concerning maximum on-duty and minimum off-duty periods. **(b) Granting of Waivers.—** The Secretary may, after notice and opportunity for comment, approve such waivers described in subsection (a) for a period not to exceed two years, if the Secretary determines that such a waiver of compliance is in the public interest and is consistent with railroad safety. **(c) Extensions.—** Any such waiver, based on a new petition, may be extended for additional periods of up to two years, after notice and opportunity for comment. An explanation of any waiver granted under this section shall be published in the Federal Register. **(d) Report.—** The Secretary of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, no later than December 31, 2012, or, if no projects are completed prior to December 31, 20

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 21108

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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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 21304

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

28 U.S.C. § 2462 — Time for commencing proceedings

Except as otherwise provided by Act of Congress, an action, suit or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, shall not be entertained unless commenced within five years from the date when the claim first accrued if, within the same period, the offender or the property is found within the United States in order that proper service may be made thereon.

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

49 U.S.C. § 21303 — Chapter 211 violations

Page 623 TITLE 49—TRANSPORTATION § 21303 to accident reporting or investigations’’ in 45:43, and the words ‘‘violating chapters 203–209 of this title or a regulation or requirement prescribed or order issued under chapters 203–209’’ are substituted for various lan- guage in the source provisions, for clarity, for consist- ency in this section, and to eliminate unnecessary words. The words ‘‘liable to the United States Govern- ment for a civil penalty’’ are substituted for ‘‘liable to a penalty’’ for clarity. The text of 45:438(b) (related to 45:39) is omitted as covered by 45:43. In subsection (a)(2), the words ‘‘The Secretary of Transportation imposes a civil penalty under this sub- section’’ are substituted for ‘‘to be assessed by the Sec- retary of Transportation’’ in 45:6, ‘‘Such penalty shall be assessed by the Secretary of Transportation’’ in 45:13, the text of 45:10 (words after 7th comma) and 14 (words after semicolon), and ‘‘in such amount . . . as the Secretary of Transportation deems reasonable’’ in 45:34 and 43 and 49 App.:26(h) for clarity and to elimi- nate unnecessary words. The words ‘‘per violation’’ are omitted as surplus. In subsections (a)(3) and (b), the words ‘‘Attorney General’’ are substituted for ‘‘United States attorney’’, ‘‘such attorneys, subject to the direction of the Attor- ney General’’, ‘‘proper United States attorney’’ and ‘‘proper United States attorneys’’ because of 28:509. In subsection (a)(3), the words ‘‘section 3711 of title 31’’ are substituted for ‘‘the Federal Claims Collection Act of 1966’’ and ‘‘sections 3711 and 3716 to 3718 of title 31’’ because the Federal Claims Collection Act of 1966 has been repealed and reenacted as part of title 31 and penalties are compromised under 31:3711. In clause (B), th

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 21303

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