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49 U.S.C. § 21311 — Records and reports

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

49 U.S.C. § 21311 — Records and reports

**(a) Records and Reports Under Chapter 201.—** A person shall be fined under title 18, imprisoned for not more than 2 years, or both, if the person knowingly and willfully— (1) makes a false entry in a record or report required to be made or preserved under chapter 201 of this title; (2) destroys, mutilates, changes, or by another means falsifies such a record or report; (3) does not enter required specified facts and transactions in such a record or report; (4) makes or preserves such a record or report in violation of a regulation prescribed or order issued under chapter 201 of this title; or (5) files a false record or report with the Secretary of Transportation. **(b) Accident and Incident Reports.—** A railroad carrier not filing a report in violation of [section 20901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20901&num=0&edition=prelim) shall be fined not more than $2,500. A separate violation occurs for each day the violation continues.

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Source location: Title 49, Chapter 213, § 21311; chapter-213-penalties.md

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

49 U.S.C. § 20901 — Reports

**(a) General Requirements.—** Not later than 30 days after the end of each month, a railroad carrier shall file a report with the Secretary of Transportation on all accidents and incidents resulting in injury or death to an individual or damage to equipment or a roadbed arising from the carrier’s operations during the month. The report shall be under oath and shall state the nature, cause, and circumstances of each reported accident or incident. If a railroad carrier assigns human error as a cause, the report shall include, at the option of each employee whose error is alleged, a statement by the employee explaining any factors the employee alleges contributed to the accident or incident. **(b) Monetary Threshold for Reporting.—** (1) In establishing or changing a monetary threshold for the reporting of a railroad accident or incident, the Secretary shall base damage cost calculations only on publicly available information obtained from— (A) the Bureau of Labor Statistics; or (B) another department, agency, or instrumentality of the United States Government if the information has been collected through objective, statistically sound survey methods or has been previously subject to a public notice and comment process in a proceeding of a Government department, agency, or instrumentality. (2) If information is not available as provided in paragraph (1)(A) or (B) of this subsection, the Secretary may use any other source to obtain the information. However, use of the information shall be subject to public notice and an opportunity for written comment.

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

49 U.S.C. § 21311 — Records and reports

Page 625 TITLE 49—TRANSPORTATION § 22101 HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 45:64a(a)(1) (1st sen- tence words after last comma, 5th sentence words after last comma, 6th sentence). Mar. 4, 1907, ch. 2939, § 5(a)(1) (1st sentence words after last comma, 5th sentence words after last comma, 6th sentence), 34 Stat. 1417; restated June 22, 1988, Pub. L. 100–342, § 16(6)(A), 102 Stat. 635. 45:438(c) (2d, 9th, last sentences). Oct. 16, 1970, Pub. L. 91–458, § 209(c) (2d, 8th, last sen- tences), 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. 49 App.:26(h) (1st sentence words after last comma, 4th sentence words after last comma, 5th sen- tence). Feb. 4, 1887, ch. 104, 24 Stat. 379, § 25(h) (1st sentence words after last comma, 4th sentence words after last comma, 5th sen- tence); added Feb. 28, 1920, ch. 91, § 441, 41 Stat. 498; restated Aug. 26, 1937, ch. 818, 50 Stat. 837; Sept. 18, 1940, ch. 722, § 14(b), 54 Stat. 919; June 22, 1988, Pub. L. 100–342, § 17(7), 102 Stat. 636. The word ‘‘official’’ is added the 2d time it appears for consistency in this section. SUBCHAPTER II—CRIMINAL PENALTIES § 21311. Records and reports (a) RECORDS AND REPORTS UNDER CHAPTER 201.—A person shall be fined under title 18, im- prisoned for not more than 2 years, or both, if the person knowingly and willfully— (1) makes a false entry in a record or report required to be made or preserved under chap- ter 201 of this title; (2) destroys, mutilates, changes, or by an- other means falsifies such a record or report; (3) does not enter required specified facts and transactions in such

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