49 USC 20138: Tampering with safety and operational monitoring devices
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49 USC 20138: Tampering with safety and operational monitoring devices Text contains those laws in effect on November 13, 2024
From Title 49-TRANSPORTATIONSUBTITLE V-RAIL PROGRAMSPART A-SAFETYCHAPTER 201-GENERALSUBCHAPTER II-PARTICULAR ASPECTS OF SAFETY
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§20138. Tampering with safety and operational monitoring devices

(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.

( 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.