---
kind: "section"
citation: "49 C.F.R. § 217.5"
title: "49"
number: "217.5"
heading: "Penalty."
url: "https://uscodex.org/cfr/49/217.5"
---

# §217.5. Penalty.

- (a) Any person (an entity of any type covered under [49 U.S.C. 21301](/usc/49/21301.md), 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](/cfr/49/part209.md), 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

[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]