49 C.F.R. § 217.5

Penalty

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(a) Any person (an entity of any type covered under 49 U.S.C. 21301, including but not limited to 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; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor) who 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, except that: 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.

(b) 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.

[53 FR 28599, July 28, 1988] Editorial Note:For Federal Register citations affecting § 217.5, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

Notes of Decisions

Cited in 1 case, 1993–1993 · leading case: Burlington N. R.R. v. City of Connell, 811 F. Supp. 1459 (E.D. Wash. 1993).

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Burlington N. R.R. v. City of Connell, 811 F. Supp. 1459 (E.D. Wash. 1993). “7 , and because a willful violation of the rules could result in federal sanctions, 49 C.F.R. § 217.5 , the operating rules have (arguably) acquired the force of a federal regulation.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.