49 C.F.R. § 235.9

Current through September 30, 2024
Section 235.9 - Civil penalty

Any person (an entity of any type covered under 1 U.S.C. 1 , including but not limited to the following: a railroad; a manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; and 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 $1,086 and not more than $35,516 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 persons, or has caused death or injury, a penalty not to exceed $142,063 per violation may be assessed. Each day a violation continues shall constitute a separate offense. See FRA's website at www.fra.dot.gov for a statement of agency civil penalty policy.

49 C.F.R. §235.9

63 FR 11623, Mar. 10, 1998, as amended at 69 FR 30595, May 28, 2004; 72 FR 51197, Sept. 6, 2007; 73 FR 79704, Dec. 30, 2008; 77 FR 24422, Apr. 24, 2012; 81 FR 43112, July 1, 2016; 82 FR 16134, Apr. 3, 2017; 83 FR 60749, Nov. 27, 2018; 84 FR 23736, May 23, 2019; 84 FR 37074, July 31, 2019; 86 FR 1759, Jan. 11, 2021; 86 FR 23255, May 3, 2021; 87 FR 15869, Mar. 21, 2022; 88 FR 1128, Jan. 6, 2023; 88 FR 89563, Dec. 28, 2023
81 FR 43112, 7/1/2016; 82 FR 16134, 4/3/2017; 83 FR 60749, 11/27/2018; 84 FR 23736, 5/23/2019; 84 FR 37074, 7/31/2019; 86 FR 1759, 1/11/2021; 86 FR 23255, 5/3/2021; 87 FR 15869, 3/21/2022; 88 FR 1128, 1/6/2023; 88 FR 89563, 12/28/2023