View all text of Subpart E [§ 209.401 - § 209.409]

§ 209.409 - Penalties.

Any person who violates any requirement of this subpart or causes the violation of any such requirement is subject to a civil penalty of at least $1,086 and not more than $35,516 per violation, except that: Penalties may be assessed against individuals only for willful violations, and, where a grossly negligent violation or a pattern of repeated violations has created an imminent hazard of death or injury to persons, or has caused death or injury, a penalty not to exceed $142,063 per violation may be assessed. Each day a violation continues shall constitute a separate offense. A person may also be subject to the criminal penalties provided for in 49 U.S.C. 21311 (formerly codified in 45 U.S.C. 438(e)) for knowingly and willfully falsifying reports required by this subpart.

[59 FR 43676, Aug. 24, 1994, as amended at 63 FR 11619, Mar. 10, 1998; 69 FR 30592, May 28, 2004; 72 FR 51196, Sept. 6, 2007; 74 FR 79700, Dec. 30, 2008; 77 FR 24418, Apr. 24, 2012; 81 FR 43108, July 1, 2016; 82 FR 16131, Apr. 3, 2017; 83 FR 60745, Nov. 27, 2018; 84 FR 37072, July 31, 2019; 86 FR 1756, Jan. 11, 2021; 86 FR 23252, May 3, 2021; 87 FR 15866, Mar. 21, 2022; 88 FR 1126, Jan. 6, 2023; 88 FR 89561, Dec. 28, 2023]