49-U.S.C.-20138

49-U.S.C.-20138

§20138 – Tampering With Safety and Operational Monitoring Devices

Pathway

Title 49 > Subtitle V > Part A > Chapter 201 > Subchapter II > Section 20138

Details

  • Reference: Section 20138
  • Legend: §20138 – Tampering With Safety and Operational Monitoring Devices
  • USCode Year: 2013

Provision Content

(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.

U.S. Encyclopedia of Law Coverage

49-U.S.C.-20113 in the Legal Encyclopedia: Transportation

In this entry about 49-U.S.C.-20113, find legal reference material, bibliographies and premiere content related to transportation in the American Encyclopedia of Law, presenting a comprehensive view of the United States transportation-specific issues, written by authorities in the field.

49-U.S.C.-20112 in the Legal Encyclopedia: Transport Programs

In this entry about 49-U.S.C.-20112, find legal reference material, bibliographies and premiere content related to transport programs in the American Encyclopedia of Law, presenting a comprehensive view of the United States transport programs-specific issues, written by authorities in the field.

49-U.S.C.-20132 in the Legal Encyclopedia: Safety

In this entry about 49-U.S.C.-20132, find legal reference material, bibliographies and premiere content related to safety in the American Encyclopedia of Law, presenting a comprehensive view of the United States safety-specific issues, written by authorities in the field.

49-U.S.C.-20118 in the Legal Encyclopedia: Rail Programs

In this entry about 49-U.S.C.-20118, find legal reference material, bibliographies and premiere content related to rail programs in the American Encyclopedia of Law, presenting a comprehensive view of the United States rail programs-specific issues, written by authorities in the field.

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