49 U.S.C. § 21303 — Chapter 211 violations
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 467 words · no verdicts yet
Anyone who violates chapter 211's rail-worker hours rules, including old section 21103 or a waiver granted under section 21108, owes a civil penalty of $500 to $25,000 per day, up to $100,000 for serious or repeated violations causing death or injury. The Secretary can settle, or refer unsettled cases to the Attorney General, who must sue within 2 years of the violation. Railroads are treated as knowing what their officers and agents do.
(a) Penalty: (1) Subject to section 21304, anyone who violates chapter 211 -- including old section 21103 as it existed before the Rail Safety Improvement Act of 2008 -- or who violates a waiver granted to them under section 21108, owes the government a civil penalty. An individual's act that causes a railroad to violate the law also counts as a violation. For violating section 21106, each day a facility stays out of compliance is a separate violation. (2) The Secretary of Transportation imposes this civil penalty, set at $500 to $25,000. It can go up to $100,000 if a grossly negligent violation, or a pattern of repeat violations, caused an imminent risk of death or injury, or actual death or injury. (3) The Secretary can settle the penalty under section 3711 of title 31, considering: (A) the nature, circumstances, extent, and seriousness of the violation; (B) the violator's fault, history, ability to pay, and effect on staying in business; and (C) anything else fairness requires. (4) If the Secretary doesn't settle, the matter goes to the Attorney General for collection.
(b) Civil Actions To Collect: (1) After getting satisfactory information, the Attorney General must sue in federal district court to collect a penalty referred under (a). The suit can go where the violation happened or where the defendant's main office is -- or, for an individual defendant, where that person lives. (2) The suit must be filed within 2 years of the violation, unless notice under section 3711 of title 31 is given to the violator within that 2-year window. Even then, the suit must still be filed within the time limit set by section 2462 of title 28.
(c) Imputation of Knowledge: In any proceeding under this section, a railroad is treated as knowing whatever its officers and agents know.
Subject to section 21304 of this title, a person violating chapter 211 of this title, including section 21103 (as such section was in effect on the day before the date of enactment of the Rail Safety Improvement Act of 2008), or violating any provision of a waiver applicable to that person that has been granted under section 21108 of this title, is liable to the United States Government for a civil penalty. An act by an individual that causes a railroad carrier to be in violation is a violation. For a violation of section 21106 of this title, a separate violation occurs for each day a facility is not in compliance.
The Secretary of Transportation imposes a civil penalty under this subsection. The amount of the penalty shall be at least $500 but not more than $25,000. However, when a grossly negligent violation or a pattern of repeated violations has caused an imminent hazard of death or injury to individuals, or has caused death or injury, the amount may be not more than $100,000.
The Secretary may compromise the amount of the civil penalty under section 3711 of title 31. In determining the amount of a compromise, the Secretary shall consider—
the nature, circumstances, extent, and gravity of the violation;
with respect to the violator, the degree of culpability, any history of violations, the ability to pay, and any effect on the ability to continue to do business; and
other matters that justice requires.
If the Secretary does not compromise the amount of the civil penalty, the Secretary shall refer the matter to the Attorney General for collection.
The Attorney General shall bring a civil action in a district court of the United States to collect a civil penalty that is referred to the Attorney General for collection under subsection (a) of this section after satisfactory information is presented to the Attorney General. The action may be brought in the judicial district in which the violation occurred or the defendant has its principal executive office. If the action is against an individual, the action also may be brought in the judicial district in which the individual resides.
A civil action under this subsection must be brought not later than 2 years after the date of the violation unless administrative notification under section 3711 of title 31 is given within that 2-year period to the person committing the violation. However, even if notification is given, the action must be brought within the period specified in section 2462 of title 28.
In any proceeding under this section, a railroad carrier is deemed to know the acts of its officers and agents.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 892; Pub. L. 103–440, title II, § 204, Nov. 2, 1994, 108 Stat. 4620; Pub. L. 104–287, § 5(54), Oct. 11, 1996, 110 Stat. 3393; Pub. L. 110–432, div. A, title I, § 108(e)(2)(B), title III, § 302(c), Oct. 16, 2008, 122 Stat. 4866, 4878.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 892
- 1994Amended · Pub. L. 103-440 · 108 Stat. 4620
- 1996Amended · Pub. L. 104-287 · 110 Stat. 3393
- 2008Amended · Pub. L. 110-432 · 122 Stat. 4866, 4878
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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