Page:United States Statutes at Large Volume 102 Part 1.djvu/670

 102 STAT. 632

PUBLIC LAW 100-342—JUNE 22, 1988 (ii) by striking "common carrier" and inserting in lieu thereof "railroads"; and (iii) by striking "common carrier" and inserting in lieu thereof "railroad"; (C) in section 4 (45 U.S.C. 13)— (i) by striking "common carrier subject to this Act" and inserting in lieu thereof "person (including a railroad and any manager, supervisor, official, or other employee or agent of a railroad)"; (ii) by striking "carrier" wherever it appears and inserting in lieu thereof "person"; (iii) by striking "of not less than $250 and not more than $2,500 for each and every such violation, to" and inserting in lieu thereof the following: "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 shall"; (iv) by striking "and recovered"and inserting in lieu thereof the following: "and, where compromise is not reached by the Secretary under the Federal Claims Collection Act of 1966, recovered"; and (v) by adding at the end the following: "For purposes of this section, 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 individual shall have the right to document such protest."; (D) in section 5 (45 U.S.C. 14), by striking "common carrier" and inserting in lieu thereof "railroad"; and (E) by amending the first section (45 U.S.C. 16) to read as follows: "That as used in this Act, the Act of March 2, 1893 (45 U.S.C. 1-7), and the Act of March 2, 1903 (45 U.S.C. 8-10), commonly known as the Safety Appliance Acts, the term 'railroad* shall have the same meaning as when used in the Federal Railroad Safety Act of 1970 (45 U.S.C. 431 et seq.).".

SEC. 14. AMENDMENTS TO LOCOMOTIVE INSPECTION ACT.

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The Act entitled "An Act to promote the safety of employees and travelers upon railroads by compelling common carriers engaged in interstate commerce to equip their locomotives with safe and suitable boilers and appurtenances thereto", approved February 17, 1911 (45 U.S.C. 22 et seq.), is amended— (1) by amending the first section (45 U.S.C. 22) to read as follows: "That the term 'railroad', when used in this Act, shall have the same meaning as when used in the Federal Railroad Safety Act of 1970 (45 U.S.C. 431 et seq.)."; (2) in section 2 (45 U.S.C. 23), by stiiking "carrier" wherever it appears and inserting in lieu thereof "railroad";

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