---
kind: "section"
citation: "49 C.F.R. § 209.133"
title: "49"
number: "209.133"
heading: "Referral for prosecution."
url: "https://uscodex.org/cfr/49/209.133"
---

# §209.133. Referral for prosecution.


If an inspector, including a certified state inspector under [part 212](/cfr/49/part212.md) of this chapter, or another employee of FRA becomes aware of a possible knowing violation of [49 U.S.C. 5104(b)](/usc/49/5104.md?p=b) or a willful or reckless violation of the Federal hazardous materials transportation law or a regulation issued under those laws for which FRA exercises enforcement responsibility, he or she shall report it to the Chief Counsel. If evidence exists tending to establish a prima facie case, and if it appears that assessment of a civil penalty would not be an adequate deterrent to future violations, the Chief Counsel refers the report to the Department of Justice for criminal prosecution of the offender.


## Notes

### Amendments

[61 FR 38647, July 25, 1996, as amended at 71 FR 77295, Dec. 26, 2006]

### Authority

Authority: 49 U.S.C. 5123, 5124, 20103, 20107, 20111, 20112, 20114; 28 U.S.C. 2461 note; and 49 CFR 1.89.

### Source

Source: 42 FR 56742, Oct. 28, 1977, unless otherwise noted.

### Amendments

[61 FR 38647, July 25, 1996, as amended at 71 FR 77295, Dec. 26, 2006]