2021 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

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Citation 49 U.S.C. § 20138 (2021)
Section Name §20138. Tampering with safety and operational monitoring devices
Section Text

(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.

Source Credit

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 876.)

Editorial Notes
Historical and Revision Notes
Revised SectionSource (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.

Publication Title United States Code, 2018 Edition, Supplement 3, 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 2021
Laws In Effect As Of Date January 3, 2022
Positive Law Yes
Disposition standard
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
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