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49 U.S.C. § 20111 — Enforcement by the Secretary of Transportation

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

49 U.S.C. § 20111 — Enforcement by the Secretary of Transportation

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Source file: Laws/federal/codes/united-states-code/title-49/section-20111-enforcement-by-the-secretary-of-transportation--aad1425758.md
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Source location: Title 49, Chapter 201, § 20111; chapter-201-general.md

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**(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 Secretary shall prescribe regulations to require that a railroad carrier notified by the Secretary that imposition of a civil penalty will be recommended for a failure to comply with this part, chapter 51 or 57 of this title, or a regulation prescribed or order issued under any of those provisions, shall report to the Secretary, not later than the 30th day after the end of the month in which the notification is received— (A) actions taken to remedy the failure; or (B) if appropriate remedial actions cannot be taken by that 30th day, an explanation of the reasons for the delay. (2) The Secretary— (A) not later than June 3, 1993, shall issue a notice of a regulatory proceeding for proposed regulations to carry out this subsection; and (B) not later than September 3, 1994, shall prescribe final regulations to carry out this subsection.

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

49 U.S.C. § 20104 — Emergency authority

**(a) Ordering Restrictions and Prohibitions.—** (1) If, through testing, inspection, investigation, or research carried out under this chapter, the Secretary of Transportation decides that an unsafe condition or practice, or a combination of unsafe conditions and practices, causes an emergency situation involving a hazard of death, personal injury, or significant harm to the environment, the Secretary immediately may order restrictions and prohibitions, without regard to [section 20103(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20103/e&num=0&edition=prelim), that may be necessary to abate the situation. (2) The order shall describe the condition or practice, or a combination of conditions and practices, that causes the emergency situation and prescribe standards and procedures for obtaining relief from the order. This paragraph does not affect the Secretary’s discretion under this section to maintain the order in effect for as long as the emergency situation exists. **(b) Review of Orders.—** After issuing an order under this section, the Secretary shall provide an opportunity for review of the order under [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim). If a petition for review is filed and the review is not completed by the end of the 30-day period beginning on the date the order was issued, the order stops being effective at the end of that period unless the Secretary decides in writing that the emergency situation still exists. **(c) Civil Actions To Compel Issuance of Orders.—** An employee of a railroad carrier engaged in interstate or foreign commerce who may be exposed to imminent physical injury during that employment because of

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

49 U.S.C. § 20113 — Enforcement by the States

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

49 U.S.C. § 20111 — Enforcement by the Secretary of Trans-

Page 565 TITLE 49—TRANSPORTATION § 20111 under the Railway Labor Act (45 U.S.C. 151 et seq.), including agreements related to quali- fications of employees, that are not incon- sistent with regulations prescribed and orders issued under this chapter. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 868.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20110 .......... 45:431(a) (2d, last sentences). Oct. 16, 1970, Pub. L. 91–458, § 202(a) (2d, last sen- tences), 84 Stat. 971. In clause (2), the words ‘‘railroad carriers’’ are sub- stituted for ‘‘common carriers’’ for consistency in this part. Editorial Notes REFERENCES IN TEXT The Railway Labor Act, referred to in par. (2), is act May 20, 1926, ch. 347, 44 Stat. 577, which is classified principally to chapter 8 (§ 151 et seq.) of Title 45, Rail- roads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables. § 20111. Enforcement by the Secretary of Trans- portation (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, 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. (b) COMPLIANCE ORDERS.—The Secretary may issue an order directing compliance with this part or with a railroad safety regulation pre- scribed or order issued under this part. (c) ORDERS PROHIBITING INDIVIDUALS FROM PERFORMING SAFETY-SENSITIVE FUNCTIONS.— (1) If an individual

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