49 C.F.R. § 213.15

Penalties

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(a) Any person that violates any requirement of this part or causes the violation of any such requirement is subject to a civil penalty of at least the minimum civil monetary penalty and not more than the ordinary maximum civil monetary penalty per violation. However, penalties may be assessed against individuals only for willful violations, and a penalty not to exceed the aggravated maximum civil monetary penalty per violation may be assessed, where:

(1) A grossly negligent violation, or a pattern of repeated violations, has created an imminent hazard of death or injury to persons, or

(2) A death or injury has occurred. See 49 CFR part 209, appendix A. “Person” means an entity of any type, covered under 49 U.S.C. 21301, including the following: a railroad; a manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; any employee of such owner, manufacturer, lessor, lessee, or independent contractor; and anyone held by the Federal Railroad Administrator to be responsible under § 213.5(d) or § 213.303(c). Each day a violation continues shall constitute a separate offense. See FRA's website at https://railroads.dot.gov/ for a statement of agency civil penalty policy.

(b) Any person who knowingly and willfully falsifies a record or report required by this part may be subject to criminal penalties under 49 U.S.C. 21311.

[63 FR 34029, June 22, 1998, as amended at 69 FR 30593, May 28, 2004; 72 FR 51196, Sept. 6, 2007; 73 FR 79701, Dec. 30, 2008; 77 FR 24419, Apr. 24, 2012; 81 FR 43109, July 1, 2016; 82 FR 16132, Apr. 3, 2017; 83 FR 60746, Nov. 27, 2018; 84 FR 23734, May 23, 2019; 84 FR 37072, July 31, 2019; 86 FR 1757, Jan. 11, 2021; 86 FR 23253, May 3, 2021; 87 FR 15867, Mar. 21, 2022; 88 FR 1126, Jan. 6, 2023; 88 FR 89561, Dec. 28, 2023; 89 FR 106295, Dec. 30, 2024; 90 FR 28136, July 1, 2025]

Notes of Decisions

Cited in 4 cases, 2004–2015 · leading case: Union Pac. R.R. v. Barber, 149 S.W.3d 325 (Ark. 2004).

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Union Pac. R.R. v. Barber, 149 S.W.3d 325 (Ark. 2004). · cites it 4× “49 CFR § 213.15 (2003). The regulatory provision at issue specifically contemplates recurring violations and increases the maximum penalty in those situations where a violation persists.”

Anderson v. Wisconsin Cent. Transp. Co., 327 F. Supp. 2d 969 (E.D. Wis. 2004). “If a railroad fails to maintain track so as to meet the proper standards, it is subject to a penalty, see 49 C.F.R. § 213.15 , but federal preemption is not lost unless the FRA track inspector downgrades a track.”

Fair v. BNSF Ry. Co., 238 Cal. App. 4th 269 (Cal. Ct. App. 2015). “( 49 C.F.R. §§ 213.15 , appen. B., 213.241 (2014).”

Fair v. BNSF Ry. (Cal. Ct. App. 2015). “( 49 C.F.R. §§ 213.15 & Appen. B., 213.241.”

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