49 U.S.C. § 20138 — Tampering with safety and operational monitoring devices
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 180 words · no verdicts yet
The Secretary of Transportation must ban willful tampering with or disabling railroad safety or monitoring devices. A railroad that runs a train with a disabled device owes a civil penalty. Anyone who tampers with or runs a train with a disabled device faces fines or loss of certification.
(a) General. The Secretary of Transportation must issue rules and orders banning anyone from willfully tampering with or disabling any specified railroad safety or operational monitoring device.
(b) Penalties. (1) A railroad carrier that runs a train on which a safety or monitoring device has been tampered with or disabled, in violation of these rules, owes the United States a civil penalty under section 21301.
(2) A person who tampers with or disables such a device, or who knowingly runs — or lets someone run — a train with a tampered or disabled device, faces penalties the Secretary sets. These may include: (A) a civil penalty under section 21301; (B) suspension from work; and (C) suspension or loss of a license or certification issued under section 20135.
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.
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.
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 civil penalty under section 21301 of this title;
suspension from work; and
suspension or loss of a license or certification issued under section 20135 of this title.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 876.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 876
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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