§ 11901. General civil penalties
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/usc/title-49/section-11901A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Except as otherwise provided in this section, a rail carrier providing transportation subject to the jurisdiction of the Board under this part, an officer or agent of that rail carrier, or a receiver, trustee, lessee, or agent of one of them, knowingly violating this part or an order of the Board under this part is liable to the United States Government for a civil penalty of not more than $5,000 for each violation. Liability under this subsection is incurred for each distinct violation. A separate violation occurs for each day the violation continues.
(b)A rail carrier providing transportation subject to the jurisdiction of the Board under this part, or a receiver or trustee of that rail carrier, violating a regulation or order of the Board under section 11124(a)(2) or
(b)of this title is liable to the United States Government for a civil penalty of $500 for each violation and for $25 for each day the violation continues.
(c)A person knowingly authorizing, consenting to, or permitting a violation of sections 10901 through 10906 of this title or of a requirement or a regulation under any of those sections, is liable to the United States Government for a civil penalty of not more than $5,000.
(d)A rail carrier, receiver, or operating trustee violating an order or direction of the Board under section 11123 or 11124(a)(1) of this title is liable to the United States Government for a civil penalty of at least $100 but not more than $500 for each violation and for $50 for each day the violation continues.
(1)A person required under subchapter III of chapter 111 of this title to make, prepare, preserve, or submit to the Board a record concerning transportation subject to the jurisdiction of the Board under this part that does not make, prepare, preserve, or submit that record as required under that subchapter, is liable to the United States Government for a civil penalty of $500 for each violation.
(2)A rail carrier providing transportation subject to the jurisdiction of the Board under this part, and a lessor, receiver, or trustee of that rail carrier, violating section 11144(b)(1) of this title, is liable to the United States Government for a civil penalty of $100 for each violation.
(3)A rail carrier providing transportation subject to the jurisdiction of the Board under this part, a lessor, receiver, or trustee of that rail carrier, a person furnishing cars, and an officer, agent, or employee of one of them, required to make a report to the Board or answer a question that does not make the report or does not specifically, completely, and truthfully answer the question, is liable to the United States Government for a civil penalty of $100 for each violation.
(4)A separate violation occurs for each day a violation under this subsection continues.
(f)Trial in a civil action under subsections
(a)through
(e)of this section is in the judicial district in which the rail carrier has its principal operating office or in a district through which the railroad of the rail carrier runs.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 849.)
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- Public Law 95–473To revise, codify, and enact without substantive change tile Interstate Commerce Act and related laws as subtitle IV of title 49, United States Code, “Transportation”
- Public Law 98–554To provide for exemptions, based on safety concerns, from certain length and width limitations for commercial motor vehicles, and for other purposes
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- Pub. L. 104–88, title I, § 102(a)
- 109 Stat. 849
- Pub. L. 95–473
- 92 Stat. 1455
- Pub. L. 96–454, § 8(a)
- 94 Stat. 2019
- Pub. L. 96–510, title III, § 306(c)
- 94 Stat. 2810
- Pub. L. 97–261, § 23
- 96 Stat. 1124
- Pub. L. 98–554, title II
- 98 Stat. 2852
- Pub. L. 103–180
- 107 Stat. 2051
- Pub. L. 104–88, § 102(a)
- Pub. L. 104–88
- section 2 of Pub. L. 104–88
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§ 11901
General civil penalties
Fed. Reg.×110
U.S.C.×7
Stat.×2
Pub. L.Pub. L. 104–88, title I, § 102(a)
Stat.109 Stat. 849
Pub. L.Pub. L. 95–473
Stat.92 Stat. 1455
Pub. L.Pub. L. 96–454, § 8(a)
Cites 19 · showing 7Cited by 119 across 3 sources