(a) Any person 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. 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.
(b) “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; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor.
(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.
[90 FR 28144, July 1, 2025]
Notes of Decisions
Robert Zimmerman v. Norfolk S. Corp., 706 F.3d 170 (3rd Cir. 2013).
“But Zimmerman conceded during oral argument that he lacks evidence that the train failed to use its light and horn, and the duty to provide adequate sight distance is a separate duty, as discussed in Part III.”
Hightower v. Kansas City S. Ry. Co., 2003 OK 45 (Okla. 2003).
“133 Likewise, with respect to the evidence regarding excessive train speed, the provisions of 49 C.F.R. § 218.9 establish the maximum speeds trains are permitted to travel given the classification of the track on which they operate.”
Santini v. Consol. Rail Corp., 505 N.E.2d 832 (Ind. Ct. App. 1987).
· cites it 2× “§ 484 , and by the Federal Railroad Administration regulations contained in 49 C.F.R. § 218.9 ; the city crossing safety gate ordinance is invalid as the Indiana legislature has vested exclusive authority pursuant to 1.”
Randall v. Norfolk S. Ry. Co., 800 N.E.2d 951 (Ind. Ct. App. 2003).
· cites it 2× “) The federal regulations that Randall relies upon are plainly inapplicable here because there is no evidence of an activation failure or a false activation.”
— 49 C.F.R. § 218.9(2) — 1 case
Santini v. Consol. Rail Corp., 505 N.E.2d 832 (Ind. Ct. App. 1987).
“§ 484 , and by the Federal Railroad Administration regulations contained in 49 C.F.R. § 218.9 ; the city crossing safety gate ordinance is invalid as the Indiana legislature has vested exclusive authority pursuant to 1.”
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.