49 C.F.R. § 219.10

Current through October 31, 2024
Section 219.10 - Penalties

Any person, as defined by § 219.5 , who violates any requirement of this part or causes the violation of any such requirement is subject to a civil penalty of at least $1,086 and not more than $35,516 per violation, except that: Penalties may be assessed against individuals only for willful violations; where a grossly negligent violation or a pattern of repeated violations has created an imminent hazard of death or injury, or has caused death or injury, a penalty not to exceed $142,063 per violation may be assessed; and the standard of liability for a railroad will vary depending upon the requirement involved. See, e.g.,§ 219.105 , which is construed to qualify the responsibility of a railroad for the unauthorized conduct of a regulated employee that violates § 219.101 or § 219.102 (while imposing a duty of due diligence to prevent such conduct). Each day a violation continues constitutes a separate offense. See FRA's website at www.fra.dot.gov for a statement of agency civil penalty policy.

49 C.F.R. §219.10

87 FR 5733 , Feb. 2, 2022, as amended at 87 FR 15867 , Mar. 21, 2022; 88 FR 1127 , Jan. 6, 2023; 88 FR 89562 , Dec. 28, 2023
81 FR 37926, 6/12/2017, as amended at 83 FR 60747, 11/27/2018; 84 FR 23734, 5/23/2019; 84 FR 37073, 7/31/2019; 86 FR 1757, 1/11/2021; 86 FR 23253, 5/3/2021; 87 FR 5733, 3/4/2022, as amended at 87 FR 15867, 3/21/2022; 88 FR 1127, 1/6/2023; 88 FR 89562, 12/28/2023