49 U.S.C. § 11901

General civil penalties

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(a) Except as otherwise provided in this section, a rail carrier providing transportation subject to the jurisdiction of the Board under this part, an officer or agent of that rail carrier, or a receiver, trustee, lessee, or agent of one of them, knowingly violating this part or an order of the Board under this part is liable to the United States Government for a civil penalty of not more than $5,000 for each violation. Liability under this subsection is incurred for each distinct violation. A separate violation occurs for each day the violation continues.(b) A rail carrier providing transportation subject to the jurisdiction of the Board under this part, or a receiver or trustee of that rail carrier, violating a regulation or order of the Board under section 11124(a)(2) or (b) of this title is liable to the United States Government for a civil penalty of $500 for each violation and for $25 for each day the violation continues.(c) A person knowingly authorizing, consenting to, or permitting a violation of sections 10901 through 10906 of this title or of a requirement or a regulation under any of those sections, is liable to the United States Government for a civil penalty of not more than $5,000.(d) A rail carrier, receiver, or operating trustee violating an order or direction of the Board under section 11123 or 11124(a)(1) of this title is liable to the United States Government for a civil penalty of at least $100 but not more than $500 for each violation and for $50 for each day the violation continues.(e)(1) A person required under subchapter III of chapter 111 of this title to make, prepare, preserve, or submit to the Board a record concerning transportation subject to the jurisdiction of the Board under this part that does not make, prepare, preserve, or submit that record as required under that subchapter, is liable to the United States Government for a civil penalty of $500 for each violation.(2) A rail carrier providing transportation subject to the jurisdiction of the Board under this part, and a lessor, receiver, or trustee of that rail carrier, violating section 11144(b)(1) of this title, is liable to the United States Government for a civil penalty of $100 for each violation.(3) A rail carrier providing transportation subject to the jurisdiction of the Board under this part, a lessor, receiver, or trustee of that rail carrier, a person furnishing cars, and an officer, agent, or employee of one of them, required to make a report to the Board or answer a question that does not make the report or does not specifically, completely, and truthfully answer the question, is liable to the United States Government for a civil penalty of $100 for each violation.(4) A separate violation occurs for each day a violation under this subsection continues.(f) Trial in a civil action under subsections (a) through (e) of this section is in the judicial district in which the rail carrier has its principal operating office or in a district through which the railroad of the rail carrier runs.(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 849.)Editorial NotesPrior Provisions

A prior section 11901, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1455; Pub. L. 96–454, § 8(a), Oct. 15, 1980, 94 Stat. 2019; Pub. L. 96–510, title III, § 306(c), Dec. 11, 1980, 94 Stat. 2810; Pub. L. 97–261, § 23, Sept. 20, 1982, 96 Stat. 1124; Pub. L. 98–554, title II, §§ 226(c)(6), 227(a)(1), Oct. 30, 1984, 98 Stat. 2852; Pub. L. 103–180, §§ 6(b), 7(c), Dec. 3, 1993, 107 Stat. 2051, 2052, related to general civil penalties, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See sections 11901, 14901, and 16101 of this title.

Statutory Notes and Related SubsidiariesEffective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.

Notes of Decisions

Cited in 16 cases, 1980–2007 · leading case: Chevy Chase Land Co. v. United States, 733 A.2d 1055 (Md. 1999).

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Chevy Chase Land Co. v. United States, 733 A.2d 1055 (Md. 1999). · cites it 4× “In other words, if it had the intent to abandon its state law property interests prior to ICC action, the railroad would have to also have intended to violate several provisions of federal law, subjecting itself to various criminal and civil sanctions.”

United States v. Alky Enter., Inc., 969 F.2d 1309 (1st Cir. 1992). · cites it 4× “00 in civil penalties pursuant to the Interstate Commerce Act, 49 U.S.C. § 11901 (g). 2 The let *1311 ter, from the ICC’s Senior Trial Attorney, Stuart B.”

S. Pac. Transp. Co. v. Com. Metals Co., 456 U.S. 336 (1982). “§ 16 (8) and 49 U. S. C. § 11901 (a) (1976 ed., Supp. *350 III), for each knowing violation of an order of the Commission, see, e.”

United States v. Grand Trunk W. R.R., 95 F.R.D. 463 (W.D. Mich. 1981). · cites it 2× “§ 16 (8) (1887), as amended (now repealed and recodified under 49 U.S.C. § 11901 (a) (1978)). It seeks from the defendant certain forfeitures for allegedly failing and refusing to comply with 49 C.”

Buffalo S. R.R. v. Vill. of Croton-On-Hudson, 434 F. Supp. 2d 241 (S.D.N.Y. 2006). · cites it 2× “49 U.S.C. § 11901 (a), see also Gitomer Aff.”

Gumport v. Interstate Com. Comm'n (In Re Transcon Lines), 147 B.R. 770 (Bankr. C.D. Cal. 1992). “49 U.S.C. § 11901 et seq. Pursuant to the Ex Parte Order, it is clear that the ICC intends to impose personal liability on bankruptcy trustees for such penalties.”

Metro Shippers, Inc. v. Life Savers, Inc., 509 F. Supp. 606 (D.N.J. 1980). · cites it 2× “Courts, of course, may be faced with such questions in a civil or criminal penalty proceeding under 49 U.S.C. § 11901 , et seq., but inquiries directed to the determination of an association’s status de jure, as such, are obviously for the Commission.”

Interstate Com. Comm'n v. Browning-Ferris Indus., Inc., 529 F. Supp. 287 (N.D. Ala. 1981). “This Act, among other things, amends 49 U.S.C. § 11901 by adding the following subsection: (h) A person subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title, or an officer, agent, or employee of that person, and who is required to comply…”

Overman v. Sw. Bell Tel. Co., 675 S.W.2d 419 (Mo. Ct. App. 1984). “” Civil and criminal penalties are extensively provided for in 49 U.S.C.A. § 11901 , et seq., all payable to the United States Government, and this is the distinguishing feature of the Interstate Commerce Act and § 392.”

Interstate Com. Comm'n v. Transcon Lines, a Corp. Leonard L. Gumport, Chapter 7 Tr., 9 F.3d 64 (9th Cir. 1993). “Upon violation of such orders and injunctions, the ICC can issue substantial fines of $5,000 per day for a knowing violation of its orders, see 49 U.S.C.A. § 11901 (a) (West Supp.1993), and request the enforcement aid of the judiciary.”

Carl Attaway Parks & Bernice Parks v. Will Poindexter v. Hartford Accident & Indem. Co., 723 F.2d 840 (11th Cir. 1984). “§§ 11903 and 11904) or to civil penalties ( 49 U.S.C. § 11901 ) or to an injunction upon suit by the Interstate Commerce Commission ( 49 U.”

Jones Truck Lines, Inc. v. Whittier Wood Prods. Co., 57 F.3d 642 (8th Cir. 1995). “Satisfaction of the claim under paragraph (2), (3), or (4) of this subsection shall be binding on the parties, and the parties shall not be subject to chapter 119 of this title [49 USCS §§ 11901 et seq.]. . The version of S.”

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