
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC11901]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
                              PART A--RAIL
 
                CHAPTER 119--CIVIL AND CRIMINAL PENALTIES
 
Sec. 11901. General civil penalties

    (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.
    (e)(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, Sec. 102(a), Dec. 29, 1995, 109 Stat. 
849.)


                            Prior Provisions

    A prior section 11901, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1455; 
Pub. L. 96-454, Sec. 8(a), Oct. 15, 1980, 94 Stat. 2019; Pub. L. 96-510, 
title III, Sec. 306(c), Dec. 11, 1980, 94 Stat. 2810; Pub. L. 97-261, 
Sec. 23, Sept. 20, 1982, 96 Stat. 1124; Pub. L. 98-554, title II, 
Secs. 226(c)(6), 227(a)(1), Oct. 30, 1984, 98 Stat. 2852; Pub. L. 103-
180, Secs. 6(b), 7(c), Dec. 3, 1993, 107 Stat. 2051, 2052, related to 
general civil penalties, prior to the general amendment of this subtitle 
by Pub. L. 104-88, Sec. 102(a). See sections 11901, 14901, and 16101 of 
this title.


                             Effective Date

    Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. 
L. 104-88, see section 2 of Pub. L. 104-88, set out as a note under 
section 701 of this title.
