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49 U.S.C. § 21302 — Chapter 201 accident and incident violations and chapter 203–209 violations
Federal law — U.S. Code and appendices · legal_authorities
**(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 a regulation prescribed or order issued under chapter 201 of this title related to accident and incident reporting or investigation, or violating chapters 203–209 of this title or a regulation or requirement prescribed or order issued under chapters 203–209, 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. A separate violation occurs for each day the violation continues.
(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.—** The
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Source location: Title 49, Chapter 213, § 21302; 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 a regulation prescribed or order issued under chapter 201 of this title related to accident and incident reporting or investigation, or violating chapters 203–209 of this title or a regulation or requirement prescribed or order issued under chapters 203–209, 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. A separate violation occurs for each day the violation continues.
(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.—** 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. 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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Federal law — U.S. Code and appendices · legal_authorities
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
### Statutory Notes
Section 1, acts Mar. 2, 1893, ch. 196, § 1, 27 Stat. 531; June 22, 1988, Pub. L. 100–342, § 13(1)(A), 102 Stat. 630, related to use of power driving-wheel brakes and appliances for operating train-brake systems. See [section 20302 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20302&num=0&edition=prelim), Transportation.
Section 2, acts Mar. 2, 1893, ch. 196, § 2, 27 Stat. 531; June 22, 1988, Pub. L. 100–342, § 13(1)(B), 102 Stat. 630, related to use of cars not equipped with automatic couplers. See [section 20302 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20302&num=0&edition=prelim).
Section 3, acts Mar. 2, 1893, ch. 196, § 3, 27 Stat. 531; June 22, 1988, Pub. L. 100–342, § 13(1)(C), 102 Stat. 630, related to refusal to receive insufficiently equipped cars from connecting lines. See [section 20302 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20302&num=0&edition=prelim).
Section 4, acts Mar. 2, 1893, ch. 196, § 4, 27 Stat. 531; Oct. 15, 1966, Pub. L. 89–670, § 6(e)(1)(A), 80 Stat. 939; June 22, 1988, Pub. L. 100–342, § 13(1)(D), 102 Stat. 630, related to grab irons or handholds for security in coupling and uncoupling cars. See [section 20302 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20302&num=0&edition=prelim).
Section 5, acts Mar. 2, 1893, ch. 196, § 5, 27 Stat. 531; June 22, 1988, Pub. L. 100–342, § 13(1)(E), 102 Stat. 630, related to exclusion from traffic of freight cars not complying with prescribed standard for height of drawbars.
Section 6, acts Mar. 2, 1893, ch. 196, § 6, 27 Stat. 532; Apr. 1, 1896, ch. 87, 29 Stat. 85; June 25, 1948, ch. 646, § 1, 62 Stat. 909
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General.—** A vehicle that is equipped in compliance with this chapter whose equipment becomes defective or insecure nevertheless may be moved when necessary to make repairs, without a penalty being imposed under [section 21302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section21302&num=0&edition=prelim), from the place at which the defect or insecurity was first discovered to the nearest available place at which the repairs can be made—
(1) on the railroad line on which the defect or insecurity was discovered; or
(2) at the option of a connecting railroad carrier, on the railroad line of the connecting carrier, if not farther than the place of repair described in clause (1) of this subsection.
**(b) Use of Chains Instead of Drawbars.—** A vehicle in a revenue train or in association with commercially-used vehicles may be moved under this section with chains instead of drawbars only when the vehicle contains livestock or perishable freight.
**(c) Liability.—** The movement of a vehicle under this section is at the risk only of the railroad carrier doing the moving. This section does not relieve a carrier from liability in a proceeding to recover damages for death or injury of a railroad employee arising from the movement of a vehicle with equipment that is defective, insecure, or not maintained in compliance with this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
Page 621
TITLE 49—TRANSPORTATION
§ 21302
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
21301(a)(1) ..
45:438(a).
Oct. 16, 1970, Pub. L. 91–458,
§ 209(a), 84 Stat. 975; re-
stated Jan. 14, 1983, Pub.
L. 97–468, § 706, 96 Stat.
2581; June 22, 1988, Pub. L.
100–342, § 3(a)(1), 102 Stat.
624; Sept. 3, 1992, Pub. L.
102–365, § 9(a)(1), 106 Stat.
977.
45:438(c) (1st, 3d sen-
tences).
Oct. 16, 1970, Pub. L. 91–458,
§ 209(c) (1st, 3d, 5th–8th
sentences), 84 Stat. 975;
June 22, 1988, Pub. L.
100–342, § 3(a)(3)(A), (C), 102
Stat. 624; Sept. 3, 1992,
Pub. L. 102–365, § 4(c)(1),
106 Stat. 974.
21301(a)(2) ..
45:438(b) (related to
rules, regulations,
orders, or stand-
ards issued under
this subchapter).
Oct. 16, 1970, Pub. L. 91–458,
§ 209(b) (related to rules,
regulations,
orders,
or
standards
issued
under
this title), 84 Stat. 975;
Jan. 3, 1975, Pub. L. 93–633,
§ 204(a), 88 Stat. 2165; June
22, 1988, Pub. L. 100–342,
§ 3(a)(2),
102
Stat.
624;
Sept.
3,
1992,
Pub.
L.
102–365, § 4(a)(1), 106 Stat.
973.
21301(a)(3) ..
45:438(c) (5th, 6th
sentences).
21301(b) ......
45:438(c) (7th sen-
tence).
21301(c) ......
45:438(c) (8th sen-
tence).
In subsection (a), the words ‘‘impose’’ and ‘‘imposed’’
are substituted for ‘‘assessed’’, for consistency in the
revised title.
In subsection (a)(1), the first 2 sentences are sub-
stituted for 45:438(a) and (c) (1st sentence) for consist-
ency in the revised title and to eliminate unnecessary
words. The words ‘‘(including but not limited to a rail-
road; any manager, supervisor, official, or other em-
ployee or agent of a railroad; any owner, manufacturer,
lessor, or lessee of railroad equipment, track, or facili-
ties; any independen
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 21302
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