Current through September 30, 2024
Section 244.5 - Penalties(a) Any person 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, but not more than $35,516 per day, 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.(b) As specified in § 244.21 , FRA may also exercise any of its other enforcement remedies if a railroad fails to comply with § 244.21 .(c) Any person who knowingly and willfully makes a false entry in a record or report required by this part shall be subject to criminal penalties under 49 U.S.C. 21311 .67 FR 11604, Mar. 15, 2002, as amended at 69 FR 30595, May 28, 2004; 72 FR 51198, Sept. 6, 2007; 73 FR 79705, Dec. 30, 2008; 77 FR 24423, Apr. 24, 2012; 81 FR 43113, July 1, 2016; 82 FR 16135, Apr. 3, 2017; 83 FR 60750, Nov. 27, 2018; 84 FR 37075, July 31, 2019; 86 FR 1760, Jan. 11, 2021; 86 FR 23256, May 3, 2021; 87 FR 15870, Mar. 21, 2022; 88 FR 1129, Jan. 6, 2023; 88 FR 89564, Dec. 28, 2023 81 FR 43113, 8/1/2016; 82 FR 16135, 4/3/2017; 83 FR 60750, 11/27/2018; 84 FR 37075, 7/31/2019; 86 FR 1760, 1/11/2021; 86 FR 23256, 5/3/2021; 87 FR 15870, 3/21/2022; 88 FR 1129, 1/6/2023; 88 FR 89564, 12/28/2023