2010 US Code
Title 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY
Sec. 20138 - Tampering with safety and operational monitoring devices
View Metadata| Publication Title | United States Code, 2006 Edition, Supplement 4, Title 49 - TRANSPORTATION |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 49 - TRANSPORTATION SUBTITLE V - RAIL PROGRAMS PART A - SAFETY CHAPTER 201 - GENERAL SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY Sec. 20138 - Tampering with safety and operational monitoring devices |
| Contains | section 20138 |
| Date | 2010 |
| Laws in Effect as of Date | January 7, 2011 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 876. |
| Statutes at Large References | 84 Stat. 971 102 Stat. 638 106 Stat. 972 108 Stat. 876 |
| Public Law References | Public Law 91-458, Public Law 100-342, Public Law 102-365, Public Law 103-272 |
§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.)
| 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.
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