Page:United States Statutes at Large Volume 102 Part 1.djvu/671

 PUBLIC LAW 100-342—JUNE 22, 1988

102 STAT. 633

(3) in section 3 (45 U.S-C. 24), by striking "common carriers" and inserting in lieu thereof "railroads"; (4) in section 5 (45 U.S.C. 28)— (A) by striking "conmion carrier" and inserting in lieu thereof "railroad"; and (B) by striking "carrier" wherever it appears and inserting in fieu thereof "railroad"; (5) in section 6 (45 U.S.C. 29), by striking "carrier" and "carriers" wherever they appear and inserting in lieu thereof "railroad" and "railroads", respectively; (6) in section 8 (45 U.S.C. 32), by striking "carrier" wherever it appears and inserting in lieu thereof "railroad"; and (7) in section 9 (45 U.S.C. 34)— (A) by striking all before the first semicolon and inserting Claims. in lieu thereof the following: "Any person (including a Courts, U.S. railroad and any manager, supervisor, official, or other employee or agent of a railroad) violating this Act, or any rule or r^ulation made under its provisions or any lawful order of any inspector, 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 n^ligent 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 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 ofRce"; and (B) 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, or any rule or r^ulation made under its provisions or any lawful order of any inspector, 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 individual shall have Records. the right to document such protest.". SEC. 15. AMENDMENTS TO ACCIDENT REPORTS ACT.

The Act entitled "An Act requiring common carriers engaged in interstate and foreign commerce to make full reports of all accidents to the Interstate Commerce Commission, and authorizing investigations thereof by said commission", approved May 6, 1910 (45 U.S.C. 38 et seq.) is amended— (1) in the first section (45 U.S.C. 38>— (A) by striking "common carrier engaged in interstate or foreign commerce by"; (B) by striking "carriers" and by inserting in lieu thereof . |j "railroads"; and

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