§ 209.103 Minimum and maximum penalties.
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Title 49—Transportation > Subtitle B—Other Regulations Relating to Transportation > CHAPTER II—FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION > PART 209—RAILROAD SAFETY ENFORCEMENT PROCEDURES > Subpart B—Hazardous Materials Penalties > Civil Penalties
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(a) A person who knowingly violates a requirement of the Federal hazardous materials transportation laws, an order issued thereunder, 49 CFR subchapter A or C of chapter I, subtitle B, or a special permit or approval issued under subchapter A or C of chapter I, subtitle B, of this title is liable for a civil penalty of not more than $102,348 for each violation, except that—
(1) The maximum civil penalty for a violation is $238,809 if the violation results in death, serious illness, or severe injury to any person, or substantial destruction of property; and
(2) A minimum $617 civil penalty applies to a violation related to training.
(b) When the violation is a continuing one, each day of the violation constitutes a separate offense. 49 U.S.C. 5123.
(c) The maximum and minimum civil penalties described in paragraph (a) of this section apply to violations occurring on or after December 30, 2024.
[78 FR 9846, Feb. 12, 2013, as amended at 81 FR 43104, July 1, 2016; 82 FR 16131, Apr. 3, 2017; 83 FR 60744, Nov. 27, 2018; 84 FR 37071, July 31, 2019; 86 FR 1756, Jan. 11, 2021; 86 FR 23252, May 3, 2021; 87 FR 15866, Mar. 21, 2022; 88 FR 1125, Jan. 6, 2023; 88 FR 89561, Dec. 28, 2023; 89 FR 106294, Dec. 30, 2024]
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