Section 20138 - Tampering with safety and operational monitoring devices(a) GENERAL.-The Secretary of Transportation shall prescribe regulations and issue orders to prohibit the willful tampering with, or disabling of, any specified railroad safety or operational monitoring device.(b) PENALTIES.-(1) A railroad carrier operating a train on which a safety or operational monitoring device is tampered with or disabled in violation of a regulation prescribed or order issued under subsection (a) of this section is liable to the United States Government for a civil penalty under section 21301 of this title.(2) An individual tampering with or disabling a safety or operational monitoring device in violation of a regulation prescribed or order issued under subsection (a) of this section, or knowingly operating or allowing to be operated a train on which such a device has been tampered with or disabled, is liable for penalties established by the Secretary. The penalties may include-(A) a civil penalty under section 21301 of this title;(B) suspension from work; and(C) suspension or loss of a license or certification issued under section 20135 of this title. Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 876.| HISTORICAL AND REVISION NOTES |
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| 20138 | 45:431(o). | Oct 16, 1970, Pub. L. 91-458, 84 Stat. 971, §202(o); added June 22, 1988, Pub. L. 100-342, §21, 102 Stat. 638; Sept. 3, 1992, Pub. L. 102-365, §2(3), 106 Stat. 972. |
In subsection (a), the words "within 90 days after June 22, 1988" are omitted as expired.In subsection (b), the words "by another person" are omitted as surplus.