Page:United States Statutes at Large Volume 102 Part 1.djvu/669

 PUBLIC LAW 100-342—JUNE 22, 1988

102 STAT. 631

official, or other employee or agent of a railroad) using any locomotive engine, running any train, or hauling or permitting to be hauled or used on its line any car in violation of any of the provisions of this Act, shall be liable to a penalty in such amount, not less than $250 nor more than $10,000 per violation (with each day of a violation constituting a separate violation), or 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, not to exceed $20,000, as the Secretary of Transportation deems reasonable, except that a penalty may be assessed against an individual only for a willful violation, such penalty to be assessed by the Secretary of Transportation and, where compromise is not reached by the Secretary under the Federal Claims Collection Act of 1966, recovered in a suit or suits to be brought by the United States attorney for the judicial district in which the violation occurred, in which the individual defendant resides, or in which the defendant has its principal executive office"; and (ii) by adding at the end the following: "For purposes of this section, an act by an individual that causes a railroad to be in violation of any of the provisions of this Act shall be deemed a violation, and an individual shall be deemed not to have committed a willful violation where such individual has acted pursuant to the direct order of a railroad official or supervisor, under protest communicated to the supervisor. Such individ- Records. ual shall have the right to document such protest."; (G) in section 7, by striking "common carrier" and inserting in lieu thereof "railroad; and (H) in section 8 (45 U.S.C. 7)— (i) by striking "common carrier" and inserting in lieu thereof "railroad"; and (ii) by striking "such carrier" and inserting in lieu thereof "such railroad". (2) The Act of March 2, 1903, is amended— (A) in the first section (45 U.S.C. 8), by striking "common carriers by" and by striking "engaged in interstate commerce" the second time it appears; (B) in section 2 (45 U.S.C. 9)— (i) by striking "common carriers engaged in interstate commerce by railroad" and inserting in lieu therof "railroads"; and (ii) by striking "engaged in interstate commerce"; and (C) in section 3 (45 U.S.C. 10), by striking "common carrier" and inserting in lieu thereof "person (including a railroad and any manager, supervisor, official, or other employee or agent of a railroad). (3) The Act of April 14, 1910, is amended— (A) in section 2 (45 U.S.C. 11), by striking "common carrier" and inserting in lieu thereof "railroad"; (B) in section 3 (45 U.S.C. 12)— (i) by striking "in interstate or foreign traffic" wherever it appears;

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