49 CFR Part 218, Appendix A to Part 218 - Schedule of Civil Penalties 1

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View PDF at GPO Pt. 218, App. A
Appendix A to Part 218—Schedule of Civil Penalties 1
Section Violation Willful violation
1 Except as provided for in § 218.57, a penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to assess a penalty of up to $105,000 for any violation where the circumstances warrant. See 49 CFR part 209, appendix A.
Subpart B—Blue signal protection of workmen:
218.22 Utility employees:
(a) Employee qualifications $5,000 $7,500
(b) Concurrent service 5,000 7,500
(c) Assignment conditions
(1) No controlling locomotive 5,000 7,500
(2) Empty cab 5,000 7,500
(3)(4) Improper communication 5,000 7,500
(5) Performing functions not listed 2,000 4,000
(d) Improper release of utility employee 2,000 4,000
(f) More than three utility employees with one crew 2,000 4,000
218.23Blue signal display 5,000 7,500
218.24 One-person crew:
(a)(1) Equipment not coupled or insufficiently separated 2,000 4,000
(a)(2) Unoccupied locomotive cab not secured 5,000 7,500
(b) Helper service 2,000 4,000
218.25Workmen on a main track 5,000 7,500
218.27Workmen on track other than main track:
(a) Protection provided except that signal not displayed at switch 2,000 4,000
(b) through (e) 5,000 7,500
218.29Alternate methods of protection:
(a)(1) protection provided except that signal not displayed at switch 2,000 4,000
(a)(2) through (a)(8) 5,000 7,500
(b)(1) Protection provided except that signal not displayed at switch 2,000 4,000
(b)(2) through (b)(4) 5,000 7,500
(c) Use of derails 5,000 7,500
(d) Emergency repairs 5,000 7,500
218.30Remotely controlled switches:
(a) and (b) 5,000 7,500
(c) 1,000 2,000
Subpart C—Protection of trains and locomotives:
218.35Yard limits:
(a) and (b) 5,000 7,500
(c) 1,000 2,000
218.37Flag protection:
(a) 5,000 7,500
(b) and (c) 5,000 7,500
218.39Hump operations 5,000 7,500
218.41Noncompliance with hump operations rule 5,000 7,500
Subpart D—Prohibition against tampering with safety devices:
218.55Tampering 7,500
218.57(i) Knowingly operating or permitting operation of disabled equipment 2,500
(ii) Willfully operating or permitting operation of disabled equipment 5,000
218.59Operation of disabled equipment 2,500 5,000
Subpart F—Handling Equipment, Switches and Derails:
218.95Instruction, Training, and Examination:
(a) Program 9,500-12,500 13,000-16,000
(b) Records 7,500 11,000
(c) Failure to timely or appropriately amend program after disapproval 9,500-12,500 13,000-16,000
218.97Good Faith Challenge Procedures:
(a) Employee Responsibility Failure 5,000
(b) through (d) Failure to adopt or implement procedures 7,500
218.99Shoving or Pushing Movements:
(a) Failure to implement required operating rule 9,500
(b) Failure to conduct job briefing, use a qualified employee, or establish proper protection 7,500-9,500 11,000-13,000
(c) Failure to observe equipment direction 9,500 13,000
(d) Failure to properly establish point protection within a remote control zone 9,500 13,000
(e) Failure to abide by operational exception requirements 9,500 13,000
218.101Leaving Equipment in the Clear:
(a) Failure to implement required operating rule 9,500
(b) Equipment left improperly fouling 9,500 13,000
(c) Failure to implement procedures for identifying clearance points 9,500 13,000
218.103Hand-operated switches, including crossover switches:
(a) Failure to implement required operating rule 9,500
(b) through (d) Railroad and employee failures 7,500
218.105Additional operational requirements for hand-operated main track switches:
(a) Failure to implement required operating rule 9,500
(b) and (c) Railroad and employee failures 7,500 11,000
(d) Failure to properly release authority limits 12,500
218.107Additional operational requirements for hand-operated crossover switches:
(a) Failure to implement required operating rule 9,500
(b) and (c) Railroad and employee failures 7,500 11,000
218.109Hand-operated fixed derails:
(a) Failure to implement required operating rule 9,500 13,000
(b) and (c) Railroad and employee failures 7,500 11,000
[53 FR 52928, Dec. 29, 1988, as amended at 54 FR 5492, Feb. 3, 1989; 58 FR 43293, Aug. 16, 1993; 60 FR 11050, Mar. 1, 1995; 63 FR 11621, Mar. 10, 1998; 72 FR 51196, Sept. 6, 2007; 73 FR 8503, Feb. 13, 2008; 73 FR 79701, Dec. 30, 2008; 77 FR 24420, Apr. 24, 2012]

Title 49 published on 2013-10-01

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