49 U.S.C. § 20111 — Enforcement by the Secretary of Transportation
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 376 words · no verdicts yet
Only the Secretary of Transportation can impose civil penalties or seek injunctions for railroad safety violations. The Secretary can bar unfit individuals from safety-sensitive railroad jobs after notice and a hearing. Railroads facing penalties must report their fixes, or explain delays, within 30 days.
(a) Exclusive Authority. Only the Secretary of Transportation has authority to: (1) impose and settle a civil penalty for violating a railroad safety regulation or order the Secretary prescribed or issued; (2) except as section 20113 provides, ask for an injunction over such a violation; and (3) recommend appropriate action under section 20112(a).
(b) Compliance Orders. The Secretary can issue an order directing someone to comply with this part, or with a railroad safety regulation or order issued under this part.
(c) Orders Prohibiting Individuals From Performing Safety-Sensitive Functions.
(1) If someone's violation of this part, chapter 51, or a related regulation or order is shown to make that person unfit to perform safety-sensitive functions, the Secretary — after giving notice and a hearing — can order that person barred from performing safety-sensitive functions in the railroad industry for a set time, or until specified conditions are met.
(2) This doesn't affect the Secretary's separate authority under section 20104 to act on an emergency basis.
(d) Regulations Requiring Reporting of Remedial Actions.
(1) The Secretary must prescribe regulations requiring that a railroad carrier, once notified the Secretary will recommend a civil penalty against it for failing to comply with this part, chapter 51 or 57, or a related regulation or order, report to the Secretary — no later than the 30th day after the end of the month it got the notice — either (A) the actions it took to fix the failure, or (B) if it can't take appropriate fixes by that 30th day, an explanation of why the delay happened.
(2) The Secretary had to issue a notice proposing these regulations by June 3, 1993, and had to issue final regulations by September 3, 1994.
The Secretary of Transportation has exclusive authority—
to impose and compromise a civil penalty for a violation of a railroad safety regulation prescribed or order issued by the Secretary;
except as provided in section 20113 of this title, to request an injunction for a violation of a railroad safety regulation prescribed or order issued by the Secretary; and
to recommend appropriate action be taken under section 20112(a) of this title.
The Secretary may issue an order directing compliance with this part or with a railroad safety regulation prescribed or order issued under this part.
If an individual’s violation of this part, chapter 51 of this title, or a regulation prescribed, or an order issued, by the Secretary under this part or chapter 51 of this title is shown to make that individual unfit for the performance of safety-sensitive functions, the Secretary, after providing notice and an opportunity for a hearing, may issue an order prohibiting the individual from performing safety-sensitive functions in the railroad industry for a specified period of time or until specified conditions are met.
This subsection does not affect the Secretary’s authority under section 20104 of this title to act on an emergency basis.
The Secretary shall prescribe regulations to require that a railroad carrier notified by the Secretary that imposition of a civil penalty will be recommended for a failure to comply with this part, chapter 51 or 57 of this title, or a regulation prescribed or order issued under any of those provisions, shall report to the Secretary, not later than the 30th day after the end of the month in which the notification is received—
actions taken to remedy the failure; or
if appropriate remedial actions cannot be taken by that 30th day, an explanation of the reasons for the delay.
The Secretary—
not later than June 3, 1993, shall issue a notice of a regulatory proceeding for proposed regulations to carry out this subsection; and
not later than September 3, 1994, shall prescribe final regulations to carry out this subsection.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 868; Pub. L. 103–440, title II, § 205, Nov. 2, 1994, 108 Stat. 4620; Pub. L. 110–432, div. A, title III, § 305, Oct. 16, 2008, 122 Stat. 4879.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 868
- 1994Amended · Pub. L. 103-440 · 108 Stat. 4620
- 2008Amended · Pub. L. 110-432 · 122 Stat. 4879
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
all 0 arguments · sorted by: best
no arguments yet — make the first case