US (United States) Code. Title 49. Subtitle IV. Part A. Chapter 119: Civilian and criminal penalties

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Transportation

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-CITE-

49 USC CHAPTER 119 - CIVIL AND CRIMINAL PENALTIES 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 119 - CIVIL AND CRIMINAL PENALTIES

-HEAD-

CHAPTER 119 - CIVIL AND CRIMINAL PENALTIES

-MISC1-

Sec.

11901. General civil penalties.

11902. Interference with railroad car supply.

11903. Record keeping and reporting violations.

11904. Unlawful disclosure of information.

11905. Disobedience to subpoenas.

11906. General criminal penalty when specific penalty not

provided.

11907. Punishment of corporation for violations committed by

certain individuals.

11908. Relation to other Federal criminal penalties.

-End-

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49 USC Sec. 11901 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 119 - CIVIL AND CRIMINAL PENALTIES

-HEAD-

Sec. 11901. General civil penalties

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109

Stat. 849.)

-MISC1-

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.

-End-

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49 USC Sec. 11902 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 119 - CIVIL AND CRIMINAL PENALTIES

-HEAD-

Sec. 11902. Interference with railroad car supply

-STATUTE-

(a) A person that offers or gives anything of value to another

person acting for or employed by a rail carrier providing

transportation subject to the jurisdiction of the Board under this

part intending to influence an action of that other person related

to supply, distribution, or movement of cars, vehicles, or vessels

used in the transportation of property, or because of the action of

that other person, shall be fined not more than $1,000, imprisoned

for not more than 2 years, or both.

(b) A person acting for or employed by a rail carrier providing

transportation subject to the jurisdiction of the Board under this

part that solicits, accepts, or receives anything of value -

(1) intending to be influenced by it in an action of that

person related to supply, distribution, or movement of cars,

vehicles, or vessels used in the transportation of property; or

(2) because of the action of that person,

shall be fined not more than $1,000, imprisoned for not more than 2

years, or both.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109

Stat. 850.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11907 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

Prior sections 11902 and 11902a were omitted in the general

amendment of this subtitle by Pub. L. 104-88, Sec. 102(a).

Section 11902, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1457,

related to civil penalties for accepting rebates from common

carriers. See section 14902 of this title.

Section 11902a, added Pub. L. 96-296, Sec. 15(b)(1), July 1,

1980, 94 Stat. 809, related to penalties for violations of rules

relating to loading and unloading motor vehicles. See section 14905

of this title.

-End-

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49 USC Sec. 11903 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 119 - CIVIL AND CRIMINAL PENALTIES

-HEAD-

Sec. 11903. Record keeping and reporting violations

-STATUTE-

A person required to make a report to the Board, or make,

prepare, or preserve a record, under subchapter III of chapter 111

of this title about transportation subject to the jurisdiction of

the Board under this part that knowingly and willfully -

(1) makes a false entry in the report or record;

(2) destroys, mutilates, changes, or by another means falsifies

the record;

(3) does not enter business related facts and transactions in

the record;

(4) makes, prepares, or preserves the record in violation of a

regulation or order of the Board; or

(5) files a false report or record with the Board,

shall be fined not more than $5,000, imprisoned for not more than 2

years, or both.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109

Stat. 851.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11909 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

A prior section 11903, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.

1457, related to rate, discrimination, and tariff violations, prior

to the general amendment of this subtitle by Pub. L. 104-88, Sec.

102(a). See section 14903 of this title.

-End-

-CITE-

49 USC Sec. 11904 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 119 - CIVIL AND CRIMINAL PENALTIES

-HEAD-

Sec. 11904. Unlawful disclosure of information

-STATUTE-

(a) A -

(1) rail carrier providing transportation subject to the

jurisdiction of the Board under this part, or an officer, agent,

or employee of that rail carrier, or another person authorized to

receive information from that rail carrier, that knowingly

discloses to another person, except the shipper or consignee; or

(2) person who solicits or knowingly receives,

information described in subsection (b) without the consent of the

shipper or consignee shall be fined not more than $1,000.

(b) The information referred to in subsection (a) is information

about the nature, kind, quantity, destination, consignee, or

routing of property tendered or delivered to that rail carrier for

transportation provided under this part, or information about the

contents of a contract authorized under section 10709 of this

title, that may be used to the detriment of the shipper or

consignee or may disclose improperly, to a competitor, the business

transactions of the shipper or consignee.

(c) This part does not prevent a rail carrier providing

transportation subject to the jurisdiction of the Board under this

part from giving information -

(1) in response to legal process issued under authority of a

court of the United States or a State;

(2) to an officer, employee, or agent of the United States

Government, a State, or a territory or possession of the United

States; or

(3) to another rail carrier or its agent to adjust mutual

traffic accounts in the ordinary course of business.

(d) An employee of the Board delegated to make an inspection or

examination under section 11144 of this title who knowingly

discloses information acquired during that inspection or

examination, except as directed by the Board, a court, or a judge

of that court, shall be fined not more than $500, imprisoned for

not more than 6 months, or both.

(e) A person that knowingly discloses confidential data made

available to such person under section 11163 of this title by a

rail carrier providing transportation subject to the jurisdiction

of the Board under this part shall be fined not more than $50,000.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109

Stat. 851; amended Pub. L. 105-102, Sec. 2(6), Nov. 20, 1997, 111

Stat. 2204.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 105-102

This amends 49:11904(a)(2) to correct a grammatical error.

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11910 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

A prior section 11904, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.

1457; Pub. L. 99-521, Sec. 13(a), Oct. 22, 1986, 100 Stat. 2998,

related to additional rate and discrimination violations, prior to

the general amendment of this subtitle by Pub. L. 104-88, Sec.

102(a). See section 14904 of this title.

AMENDMENTS

1997 - Subsec. (a)(2). Pub. L. 105-102 struck out "a" before

"person".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 333 of this title.

-End-

-CITE-

49 USC Sec. 11905 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 119 - CIVIL AND CRIMINAL PENALTIES

-HEAD-

Sec. 11905. Disobedience to subpoenas

-STATUTE-

A person not obeying a subpoena or requirement of the Board to

appear and testify or produce records shall be fined at least $100

but not more than $5,000, imprisoned for not more than one year, or

both.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109

Stat. 852.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11913 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

A prior section 11905, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.

1459; Pub. L. 97-261, Sec. 29(e), Sept. 20, 1982, 96 Stat. 1128,

related to transportation of passengers without charge, prior to

the general amendment of this subtitle by Pub. L. 104-88, Sec.

102(a).

-End-

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49 USC Sec. 11906 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 119 - CIVIL AND CRIMINAL PENALTIES

-HEAD-

Sec. 11906. General criminal penalty when specific penalty not

provided

-STATUTE-

When another criminal penalty is not provided under this chapter,

a rail carrier providing transportation subject to the jurisdiction

of the Board under this part, and when that rail carrier is a

corporation, a director or officer of the corporation, or a

receiver, trustee, lessee, or person acting for or employed by the

corporation that, alone or with another person, willfully violates

this part or an order prescribed under this part, shall be fined

not more than $5,000. The person may be imprisoned for not more

than 2 years in addition to being fined under this section. A

separate violation occurs each day a violation of this part

continues.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109

Stat. 852; amended Pub. L. 105-102, Sec. 2(7), Nov. 20, 1997, 111

Stat. 2204.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 105-102

This amends 49:11906 to correct an erroneous cross-reference.

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11914 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

A prior section 11906, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.

1459, related to evasion of regulation of motor carriers and

brokers, prior to the general amendment of this subtitle by Pub. L.

104-88, Sec. 102(a). See section 14906 of this title.

AMENDMENTS

1997 - Pub. L. 105-102 substituted "violation of this part" for

"violation of this title".

-End-

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49 USC Sec. 11907 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 119 - CIVIL AND CRIMINAL PENALTIES

-HEAD-

Sec. 11907. Punishment of corporation for violations committed by

certain individuals

-STATUTE-

An act or omission that would be a violation of this part if

committed by a director, officer, receiver, trustee, lessee, agent,

or employee of a rail carrier providing transportation or service

subject to the jurisdiction of the Board under this part that is a

corporation is also a violation of this part by that corporation.

The penalties of this chapter apply to that violation. When acting

in the scope of their employment, the actions and omissions of

individuals acting for or employed by that rail carrier are

considered to be the actions and omissions of that rail carrier as

well as that individual.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109

Stat. 852.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11915 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

A prior section 11907, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.

1459, related to interference with railroad car supply, prior to

the general amendment of this subtitle by Pub. L. 104-88, Sec.

102(a). See section 11902 of this title.

-End-

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49 USC Sec. 11908 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 119 - CIVIL AND CRIMINAL PENALTIES

-HEAD-

Sec. 11908. Relation to other Federal criminal penalties

-STATUTE-

Notwithstanding section 3571 of title 18, United States Code, the

criminal penalties provided for in this chapter are the exclusive

criminal penalties for violations of this part.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109

Stat. 852.)

-MISC1-

PRIOR PROVISIONS

Prior sections 11908 to 11917 were omitted in the general

amendment of this subtitle by Pub. L. 104-88, Sec. 102(a).

Section 11908, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1459; Pub.

L. 99-521, Sec. 13(b)(1), (2), Oct. 22, 1986, 100 Stat. 2998, 2999,

related to penalty for abandonment of service by household goods

freight forwarders.

Section 11909, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1460; Pub.

L. 96-258, Sec. 1(15), June 3, 1980, 94 Stat. 427; Pub. L. 97-424,

title IV, Sec. 427(a), Jan. 6, 1983, 96 Stat. 2168; Pub. L. 98-216,

Sec. 2(20), Feb. 14, 1984, 98 Stat. 6; Pub. L. 99-521, Sec. 13(c),

Oct. 22, 1986, 100 Stat. 2999; Pub. L. 103-180, Sec. 6(c), Dec. 3,

1993, 107 Stat. 2051; Pub. L. 103-272, Sec. 4(j)(35), July 5, 1994,

108 Stat. 1370, related to penalties for record keeping and

reporting violations. See sections 11903, 14907, and 16102 of this

title.

Section 11910, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1461; Pub.

L. 96-448, title III, Sec. 303(b), Oct. 14, 1980, 94 Stat. 1938;

Pub. L. 99-521, Sec. 13(d), Oct. 22, 1986, 100 Stat. 2999, related

to penalties for unlawful disclosure of information. See sections

11904, 14908, and 16103 of this title.

Section 11911, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1462; Pub.

L. 97-261, Sec. 19(c), Sept. 20, 1982, 96 Stat. 1121, related to

penalties for violations involving issuance of securities,

disposition of funds, and restrictions on ownership.

Section 11912, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1462; Pub.

L. 96-258, Sec. 1(13)(C), June 3, 1980, 94 Stat. 427, related to

penalties for violations by persons, not carriers, involving

consolidations, mergers, and acquisitions of control.

Section 11913, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1463,

related to penalty for disobedience to subpenas. See sections

11905, 14909, and 16104 of this title.

Section 11913a, added Pub. L. 96-448, title III, Sec. 303(a)(1),

Oct. 14, 1980, 94 Stat. 1938, related to penalty for accounting

principles violations.

Section 11914, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1463; Pub.

L. 96-258, Sec. 1(16), June 3, 1980, 94 Stat. 427; Pub. L. 97-424,

title IV, Sec. 427(b), Jan. 6, 1983, 96 Stat. 2168; Pub. L. 98-216,

Sec. 2(20), Feb. 14, 1984, 98 Stat. 6; Pub. L. 98-554, title II,

Sec. 226(c)(7), Oct. 30, 1984, 98 Stat. 2852, related to general

criminal penalty when specific penalty not provided. See sections

11906, 14910, and 16105 of this title.

Section 11915, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1464,

related to punishment of corporation for violations committed by

certain individuals. See sections 11907, 14911, and 16106 of this

title.

Section 11916, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1464,

related to conclusiveness of rates in certain prosecutions. See

section 14913 of this title.

Section 11917, added Pub. L. 96-454, Sec. 9(a), Oct. 15, 1980, 94

Stat. 2021, related to weight-bumping in household goods

transportation. See section 14912 of this title.

-End-

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49 USC PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS,

AND FREIGHT FORWARDERS 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

-HEAD-

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-287, Sec. 5(26)(A), Oct. 11, 1996, 110 Stat.

3390, made technical amendment to part heading.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in title 28 section 2342; title 29

section 1841.

-End-