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49 U.S.C. § 20113 — Enforcement by the States

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 279 words · no verdicts yet

in plain englishAI-generated · not legal advice

If the Secretary doesn't act within 15 days, a state can sue to stop a violation. If the Secretary doesn't impose a penalty within 60 days, the state can collect it. A state can't sue outside its own borders under this section.

(a) Injunctive Relief. If the Secretary of Transportation doesn't begin a civil action under section 20112 to stop a violation of a railroad safety regulation or order within 15 days after getting notice of the violation and a request to sue from a state authority participating in investigative and surveillance activities under section 20105, that authority can sue in federal district court to stop the violation itself. This doesn't apply if the Secretary makes an affirmative written finding that the violation didn't happen, or that a suit isn't necessary because of other enforcement action the Secretary already took.

(b) Imposition and Collection of Civil Penalties. If the Secretary doesn't impose the applicable civil penalty for a violation within 60 days after getting notice from a participating state authority, that authority can sue in federal district court to impose and collect the penalty itself. This doesn't apply if the Secretary makes an affirmative written finding that the violation didn't happen.

(c) Venue. A civil action under this section can be brought in the judicial district where the violation happened, or where the defendant has its main office. But a state authority can't bring an action under this section outside its own state.

the actual law source: uscode.house.gov ↗public domain
(a)Injunctive Relief.—

If the Secretary of Transportation does not begin a civil action under section 20112 of this title to enjoin the violation of a railroad safety regulation prescribed or order issued by the Secretary not later than 15 days after the date the Secretary receives notice of the violation and a request from a State authority participating in investigative and surveillance activities under section 20105 of this title that the action be brought, the authority may bring a civil action in a district court of the United States to enjoin the violation. This subsection does not apply if the Secretary makes an affirmative written finding that the violation did not occur or that the action is not necessary because of other enforcement action taken by the Secretary related to the violation.

(b)Imposition and Collection of Civil Penalties.—

If the Secretary does not impose the applicable civil penalty for a violation of a railroad safety regulation prescribed or order issued by the Secretary not later than 60 days after the date of receiving notice from a State authority participating in investigative and surveillance activities under section 20105 of this title, the authority may bring a civil action in a district court of the United States to impose and collect the penalty. This paragraph does not apply if the Secretary makes an affirmative written finding that the violation did not occur.

(c)Venue.—

A civil action under this section may be brought in the judicial district in which the violation occurred or the defendant has its principal executive office. However, a State authority may not bring an action under this section outside the State.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 869.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 869

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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