Current through November 30, 2024
Section 232.11 - Penalties(a) Any person (including but not limited to a railroad; any manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any employee of such owner, manufacturer, lessor, lessee, or independent contractor) who violates any requirement of this part or causes the violation of any such requirement is subject to a civil penalty of at least the minimum civil monetary penalty and not more than the ordinary maximum civil monetary penalty per violation, except that: Penalties may be assessed against individuals only for willful violations, and, where a grossly negligent violation or a pattern of repeated violations has created an imminent hazard of death or injury to individuals, or has caused death or injury, a penalty not to exceed the aggravated maximum civil monetary penalty per violation may be assessed. See 49 CFR part 209, appendix A. Each day a violation continues shall constitute a separate offense. FRA's website at https://railroads.dot.gov/ contains a schedule of civil penalty amounts used in connection with this part.(b) Any person who knowingly and willfully falsifies a record or report required by this part is subject to criminal penalties under 49 U.S.C. 21311 . 66 FR 4193 , Jan. 17, 2001, as amended at 69 FR 30594 , May 28, 2004; 72 FR 51197 , Sept. 6, 2007; 73 FR 79703 , Dec. 30, 2008; 77 FR 24421 , Apr. 24, 2012; 81 FR 43111 , July 1, 2016; 82 FR 16134 , Apr. 3, 2017; 83 FR 60748 , Nov. 27, 2018; 84 FR 23736 , May 23, 2019; 84 FR 37074 , July 31, 2019; 85 FR 80570 , Dec. 11, 2020 81 FR 43111 , 7/1/2016; 82 FR 16134 , 4/3/2017; 83 FR 60748 , 11/27/2018; 84 FR 23736 , 5/23/2019; 84 FR 37074 , 7/31/2019; 85 FR 80570 , 12/11/2020; 86 FR 1759 , 1/11/2021 At 86 FR 1759, Jan. 11, 2021, § 232.11 was amended; however, the amendment could not be incorporated due to inaccurate amendatory instruction.