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§217.5. Penalty.

49 C.F.R. § 217.5

(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.
Notes, amendments, and revision history

Amendments

[53 FR 28599, July 28, 1988]

Authority

Authority: 49 U.S.C. 20103, 20107, 20168, 28 U.S.C. 2461 note; and 49 CFR 1.89.

Source

Source: 39 FR 41176, Nov. 25, 1974, unless otherwise noted.

Amendments

[53 FR 28599, July 28, 1988]