49 U.S.C. § 21302 : US Code - Section 21302: Chapter 201 accident and incident violations and chapter 203-209 violations

Search 49 U.S.C. § 21302 : US Code - Section 21302: Chapter 201 accident and incident violations and chapter 203-209 violations

(a) Penalty. - (1) Subject to section 21304 of this title, a
person violating a regulation prescribed or order issued under
chapter 201 of this title related to accident and incident
reporting or investigation, or violating chapters 203-209 of this
title or a regulation or requirement prescribed or order issued
under chapters 203-209, is liable to the United States Government
for a civil penalty. An act by an individual that causes a railroad
carrier to be in violation is a violation. A separate violation
occurs for each day the violation continues.
(2) The Secretary of Transportation imposes a civil penalty under
this subsection. The amount of the penalty shall be at least $500
but not more than $10,000. However, when a grossly negligent
violation or a pattern of repeated violations has caused an
imminent hazard of death or injury to individuals, or has caused
death or injury, the amount may be not more than $20,000.
(3) The Secretary may compromise the amount of the civil penalty
under section 3711 of title 31. In determining the amount of a
compromise, the Secretary shall consider -
(A) the nature, circumstances, extent, and gravity of the
violation;
(B) with respect to the violator, the degree of culpability,
any history of violations, the ability to pay, and any effect on
the ability to continue to do business; and
(C) other matters that justice requires.
(4) If the Secretary does not compromise the amount of the civil
penalty, the Secretary shall refer the matter to the Attorney
General for collection.
(b) Civil Actions To Collect. - The Attorney General shall bring
a civil action in a district court of the United States to collect
a civil penalty that is referred to the Attorney General for
collection under subsection (a) of this section. The action may be
brought in the judicial district in which the violation occurred or
the defendant has its principal executive office. If the action is
against an individual, the action also may be brought in the
judicial district in which the individual resides.