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49 U.S.C. § 20113 — Enforcement by the States
Federal law — U.S. Code and appendices · legal_authorities
**(a) Injunctive Relief.—** If the Secretary of Transportation does not begin a civil action under [section 20112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20112&num=0&edition=prelim) to enjoin the violation of a railroad safety regulation prescribed or order issued by the Secretary not later than 15 days after the date the Secretary receives notice of the violation and a request from a State authority participating in investigative and surveillance activities under [section 20105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20105&num=0&edition=prelim) that the action be brought, the authority may bring a civil action in a district court of the United States to enjoin the violation. This subsection does not apply if the Secretary makes an affirmative written finding that the violation did not occur or that the action is not necessary because of other enforcement action taken by the Secretary related to the violation.
**(b) Imposition and Collection of Civil Penalties.—** If the Secretary does not impose the applicable civil penalty for a violation of a railroad safety regulation prescribed or order issued by the Secretary not later than 60 days after the date of receiving notice from a State authority participating in investigative and surveillance activities under [section 20105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20105&num=0&edition=prelim), the authority may bring a civil action in a district court of the United States to impose and collect the penalty. This paragraph does not apply if the Secretary makes an affirmative written finding that the violation did not occur.
**(c) Venue.—** A civil action under this section
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Source location: Title 49, Chapter 201, § 20113; chapter-201-general.md
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**(a) Injunctive Relief.—** If the Secretary of Transportation does not begin a civil action under [section 20112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20112&num=0&edition=prelim) to enjoin the violation of a railroad safety regulation prescribed or order issued by the Secretary not later than 15 days after the date the Secretary receives notice of the violation and a request from a State authority participating in investigative and surveillance activities under [section 20105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20105&num=0&edition=prelim) that the action be brought, the authority may bring a civil action in a district court of the United States to enjoin the violation. This subsection does not apply if the Secretary makes an affirmative written finding that the violation did not occur or that the action is not necessary because of other enforcement action taken by the Secretary related to the violation.
**(b) Imposition and Collection of Civil Penalties.—** If the Secretary does not impose the applicable civil penalty for a violation of a railroad safety regulation prescribed or order issued by the Secretary not later than 60 days after the date of receiving notice from a State authority participating in investigative and surveillance activities under [section 20105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20105&num=0&edition=prelim), the authority may bring a civil action in a district court of the United States to impose and collect the penalty. This paragraph does not apply if the Secretary makes an affirmative written finding that the violation did not occur.
**(c) Venue.—** A civil action under this section may be brought in the judicial district in which the violation occurred or the defendant has its principal executive office. However, a State authority may not bring an action under this section outside the State.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Civil Actions.—** At the request of the Secretary of Transportation, the Attorney General may bring a civil action in a district court of the United States—
(1) to enjoin a violation of, or to enforce, this part, except for [section 20109 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20109&num=0&edition=prelim), or a railroad safety regulation prescribed or order issued by the Secretary;
(2) to collect a civil penalty imposed or an amount agreed on in compromise under section 21301, 21302, or 21303 of this title; or
(3) to enforce a subpoena, request for admissions, request for production of documents or other tangible things, or request for testimony by deposition issued by the Secretary under this part.
**(b) Venue.—**
(1) Except as provided in paragraph (2) of this subsection, a civil action under this section may be brought in the judicial district in which the violation occurred or the defendant has its principal executive office. If an action to collect a penalty is against an individual, the action also may be brought in the judicial district in which the individual resides.
(2) A civil action to enforce a subpena issued by the Secretary or a compliance order issued under [section 20111(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20111/b&num=0&edition=prelim) may be brought in the judicial district in which the defendant resides, does business, or is found.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Investigative and Surveillance Activities.—** The Secretary concerned may prescribe investigative and surveillance activities necessary to enforce the safety regulations prescribed and orders issued by the Secretary 11 So in original. Probably should be “Secretary concerned”. that apply to railroad equipment, facilities, rolling stock, and operations in a State. The State may participate in those activities when the safety practices for railroad equipment, facilities, rolling stock, and operations in the State are regulated by a State authority and the authority submits to the Secretary concerned an annual certification as provided in subsection (b) of this section.
**(b) Annual Certification.—**
(1) A State authority’s annual certification must include—
(A) a certification that the authority—
(i) has regulatory jurisdiction over the safety practices for railroad equipment, facilities, rolling stock, and operations in the State;
(ii) was given a copy of each safety regulation prescribed and order issued by the Secretary concerned, that applies to the equipment, facilities, rolling stock, or operations, as of the date of certification; and
(iii) is conducting the investigative and surveillance activities prescribed by the Secretary concerned under subsection (a) of this section; and
(B) a report, in the form the Secretary concerned prescribes by regulation, that includes—
(i) the name and address of each railroad carrier subject to the safety jurisdiction of the authority;
(ii) each accident or incident reported during the prior 12 months by a railroad carrier involving a fatality, personal injury requiring hospitalization, or property damage of more than $750 (or a higher amount prescribed by the Secretary concerned), and a summary
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 20105
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 431, Pub. L. 91–458, title II, § 202, Oct. 16, 1970, 84 Stat. 971; Pub. L. 94–348, § 5, July 8, 1976, 90 Stat. 819; Pub. L. 96–423, § 14, Oct. 10, 1980, 94 Stat. 1817; Pub. L. 97–468, title VII, § 702(a), (c), Jan. 14, 1983, 96 Stat. 2579; Pub. L. 100–342, §§ 4(a), 7, 9, 10, 19(a), 21–23, June 22, 1988, 102 Stat. 625, 628, 629, 637–639; Pub. L. 102–143, title V, § 4, Oct. 28, 1991, 105 Stat. 957; Pub. L. 102–365, §§ 2, 5(a)(1), 7, 8, 10, Sept. 3, 1992, 106 Stat. 972, 975, 976, 978; Pub. L. 102–533, § 14, Oct. 27, 1992, 106 Stat. 3522, authorized Secretary of Transportation to promulgate rules, regulations, orders, and standards for all areas of railroad safety. See sections 20102, 20103, 20103 note, 20108, 20110, 20114, 20131 to 20143, and 24902 of Title 49, Transportation.
Section 432, Pub. L. 91–458, title II, § 203, Oct. 16, 1970, 84 Stat. 972; Pub. L. 96–423, § 3, Oct. 10, 1980, 94 Stat. 1811, related to emergency powers of Secretary of Transportation. See [section 20104 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20104&num=0&edition=prelim).
Section 433, Pub. L. 91–458, title II, § 204, Oct. 16, 1970, 84 Stat. 972, required Secretary of Transportation to submit comprehensive study and recommendation of means of eliminating and protecting railroad grade crossings and protecting pedestrians. See [section 20134 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20134&num=0&edition=prelim).
Section 434, Pub. L. 91–458, title II, § 205, Oct. 16, 1970, 84 Stat. 972, declared that laws, rules, regulations, orders, and standards relating to railroad safety were to be nationally uniform, but permitted more stringent yet compatible State regulation. See [section
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 431 to 447
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Exclusive Authority.—** The Secretary of Transportation has exclusive authority—
(1) to impose and compromise a civil penalty for a violation of a railroad safety regulation prescribed or order issued by the Secretary;
(2) except as provided in [section 20113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20113&num=0&edition=prelim), to request an injunction for a violation of a railroad safety regulation prescribed or order issued by the Secretary; and
(3) to recommend appropriate action be taken under [section 20112(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20112/a&num=0&edition=prelim).
**(b) Compliance Orders.—** The Secretary may issue an order directing compliance with this part or with a railroad safety regulation prescribed or order issued under this part.
**(c) Orders Prohibiting Individuals From Performing Safety-Sensitive Functions.—**
(1) If an individual’s violation of this part, chapter 51 of this title, or a regulation prescribed, or an order issued, by the Secretary under this part or chapter 51 of this title is shown to make that individual unfit for the performance of safety-sensitive functions, the Secretary, after providing notice and an opportunity for a hearing, may issue an order prohibiting the individual from performing safety-sensitive functions in the railroad industry for a specified period of time or until specified conditions are met.
(2) This subsection does not affect the Secretary’s authority under [section 20104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20104&num=0&edition=prelim) to act on an emergency basis.
**(d) Regulations Requiring Reporting of Remedial Actions.—**
(1) The
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Federal law — U.S. Code and appendices · legal_authorities
Page 566
TITLE 49—TRANSPORTATION
§ 20112
§ 20112. Enforcement by the Attorney General
(a) CIVIL ACTIONS.—At the request of the Sec-
retary of Transportation, the Attorney General
may bring a civil action in a district court of
the United States—
(1) to enjoin a violation of, or to enforce,
this part, except for section 20109 of this title,
or a railroad safety regulation prescribed or
order issued by the Secretary;
(2) to collect a civil penalty imposed or an
amount agreed on in compromise under sec-
tion 21301, 21302, or 21303 of this title; or
(3) to enforce a subpoena, request for admis-
sions, request for production of documents or
other tangible things, or request for testimony
by deposition issued by the Secretary under
this part.
(b) VENUE.—(1) Except as provided in para-
graph (2) of this subsection, a civil action under
this section may be brought in the judicial dis-
trict in which the violation occurred or the de-
fendant has its principal executive office. If an
action to collect a penalty is against an indi-
vidual, the action also may be brought in the ju-
dicial district in which the individual resides.
(2) A civil action to enforce a subpena issued
by the Secretary or a compliance order issued
under section 20111(b) of this title may be
brought in the judicial district in which the de-
fendant resides, does business, or is found.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 869;
Pub. L. 110–432, div. A, title III, § 309, Oct. 16,
2008, 122 Stat. 4882.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
20112(a) ......
45:437(a) (last sen-
tence related to
authority to bring
actions).
Oct. 16, 1970, Pub. L. 91–458,
84 Stat. 971, § 208(a) (last
sentence); added June 22,
1988, Pub.
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 20113
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.