---
kind: "section"
citation: "49 U.S.C. § 20138"
title: "49"
title_heading: "Transportation"
number: "20138"
heading: "Tampering with safety and operational monitoring devices"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/20138"
units:
  - "Subtitle V — Rail Programs"
  - "Part A — Safety"
  - "Chapter 201 — General"
  - "Subchapter II — Particular Aspects of Safety"
---

# §20138. Tampering with safety and operational monitoring devices

- (a) **General.—** The [Secretary](/usc/49/22401.md?p=14) of Transportation shall prescribe regulations and issue orders to prohibit the willful tampering with, or disabling of, any specified [railroad](/usc/49/22401.md?p=12) safety or operational monitoring device.
- (b) **Penalties.—**
  - (1) A [railroad carrier](/usc/49/20102.md?p=3) operating a train on which a safety or operational monitoring device is tampered with or disabled in violation of a regulation prescribed or order issued under [subsection (a)](#a) of this section is liable to the United States Government for a civil penalty under [section 21301 of this title](/usc/49/21301.md).
  - (2) An individual tampering with or disabling a safety or operational monitoring device in violation of a regulation prescribed or order issued under [subsection (a)](#a) of this section, or knowingly operating or allowing to be operated a train on which such a device has been tampered with or disabled, is liable for penalties established by the [Secretary](/usc/49/22401.md?p=14). The penalties may include—
    - (A) a civil penalty under [section 21301 of this title](/usc/49/21301.md);
    - (B) suspension from work; and
    - (C) suspension or loss of a license or certification issued under [section 20135 of this title](/usc/49/20135.md).

## Source credit

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 876.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 20138 | 45:431(o). | Oct 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 202(o); added June 22, 1988, Pub. L. 100–342, § 21, 102 Stat. 638; Sept. 3, 1992, Pub. L. 102–365, § 2(3), 106 Stat. 972. |

In subsection (a), the words “within 90 days after June 22, 1988” are omitted as expired.

In subsection (b), the words “by another person” are omitted as surplus.