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

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Appendix A to Part 218 - Schedule of Civil Penalties 1
Section Violation Willful violation
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
218.23 Blue 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
218.25 Workmen on a main track 5,000 7,500
218.27 Workmen 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
218.29 Alternate 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
218.30 Remotely controlled switches:
(a) and (b) 5,000 7,500
(c) 1,000 2,000
Subpart C - Protection of trains and locomotives:
218.35 Yard limits:
(a) and (b) 5,000 7,500
(c) 1,000 2,000
218.37 Flag protection:
(a) 5,000 7,500
(b) and (c) 5,000 7,500
218.39 Hump operations 5,000 7,500
218.41 Noncompliance with hump operations rule 5,000 7,500
Subpart D - Prohibition against tampering with safety devices:
218.55 Tampering 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
218.59 Operation of disabled equipment 2,500 5,000
Subpart F - Handling Equipment, Switches and Derails:
218.95 Instruction, 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
218.97 Good Faith Challenge Procedures:
(a) Employee Responsibility Failure 5,000
(b) through (d) Failure to adopt or implement procedures 7,500
218.99 Shoving 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
218.101 Leaving 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
218.103 Hand-operated switches, including crossover switches:
(a) Failure to implement required operating rule 9,500
(b) through (d) Railroad and employee failures 7,500
218.105 Additional 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
218.107 Additional 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
218.109 Hand-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

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 $109,819 for any violation where the circumstances warrant. See 49 CFR part 209, appendix A.

[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; 81 FR 43109, July 1, 2016]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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United States Code
U.S. Code: Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
U.S. Code: Title 49 - TRANSPORTATION

Title 49 published on 2015-12-03

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 49 CFR Part 218 after this date.

  • 2016-07-01; vol. 81 # 127 - Friday, July 1, 2016
    1. 81 FR 43105 - Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act for a Violation of a Federal Railroad Safety Law or Federal Railroad Administration Safety Regulation or Order
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Federal Railroad Administration
      Interim final rule.
      This interim final rule is effective August 1, 2016.
      49 CFR Parts 209, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, and 272

Title 49 published on 2015-12-03.

The following are only the Rules published in the Federal Register after the published date of Title 49.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2016-07-01; vol. 81 # 127 - Friday, July 1, 2016
    1. 81 FR 43105 - Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act for a Violation of a Federal Railroad Safety Law or Federal Railroad Administration Safety Regulation or Order
      GPO FDSys: XML | Text
      DEPARTMENT OF TRANSPORTATION, Federal Railroad Administration
      Interim final rule.
      This interim final rule is effective August 1, 2016.
      49 CFR Parts 209, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, and 272