Title: 49 CFR Appendix A to Part 209 - Statement of Agency Policy Concerning Enforcement of the Federal Railroad Safety Laws | CFR | US Law | LII / Legal Information Institute
Headings: 49 CFR Appendix A to Part 209 - Statement of Agency Policy Concerning Enforcement of the Federal Railroad Safety Laws
49 CFR Appendix A to Part 209 - Statement of Agency Policy Concerning Enforcement of the Federal Railroad Safety Laws
Content: The Civil Penalty Process
The front lines in the civil penalty process are the FRA safety inspectors: FRA employs over 300 inspectors, and their work is supplemented by approximately 100 inspectors from states participating in enforcement of the federal rail safety laws. These inspectors routinely inspect the equipment, track, and signal systems and observe the operations of the nation's railroads. They also investigate hundreds of complaints filed annually by those alleging noncompliance with the laws. When inspection or complaint investigation reveals noncompliance with the laws, each noncomplying condition or action is listed on an inspection report. Where the inspector determines that the best method of promoting compliance is to assess a civil penalty, he or she prepares a violation report, which is essentially a recommendation to the FRA Office of Chief Counsel to assess a penalty based on the evidence provided in or with the report. In determining which instances of noncompliance merit penalty recommendations, the inspector considers: (1) The inherent seriousness of the condition or action; (2) The kind and degree of potential safety hazard the condition or action poses in light of the immediate factual situation; (3) Any actual harm to persons or property already caused by the condition or action;