49 USC § 20138 - Tampering with safety and operational monitoring devices | Title 49 - Transportation | U.S. Code

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Current through Pub. L. 113-99. (See Public Laws for the current Congress.)

(a) General.— The Secretary of Transportation shall prescribe regulations and issue orders to prohibit the willful tampering with, or disabling of, any specified railroad safety or operational monitoring device.

(b) Penalties.—

(1) A railroad carrier 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) of this section is liable to the United States Government for a civil penalty under section 21301 of this title.

(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) 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. The penalties may include—

(A) a civil penalty under section 21301 of this title;

(B) suspension from work; and

(C) suspension or loss of a license or certification issued under section 20135 of this title.

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(a) General.— The Secretary of Transportation shall prescribe regulations and issue orders to prohibit the willful tampering with, or disabling of, any specified railroad safety or operational monitoring device.

(b) Penalties.—

(1) A railroad carrier 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) of this section is liable to the United States Government for a civil penalty under section 21301 of this title.

(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) 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. The penalties may include—

(A) a civil penalty under section 21301 of this title;

(B) suspension from work; and

(C) suspension or loss of a license or certification issued under section 20135 of this title.

Source

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

Historical and Revision Notes
Revised 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.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Friday, May 3, 2013

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49 USC	Description of Change	Session Year	Public Law	Statutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

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49 CFR - Title 49—Transportation

49 CFR Part 229 - RAILROAD LOCOMOTIVE SAFETY STANDARDS

49 USC § 20138 - Tampering with safety and operational monitoring devices

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