Page:United States Statutes at Large Volume 102 Part 1.djvu/672

 102 STAT. 634

Claims. Courts, U.S.

Records.

PUBLIC LAW 100-342—JUNE 22, 1988

(Q by adding at the end the following: "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.431etseq.)."; (2) in section 2 (45 U.S.C. 39)— (A) by striking "common carrier" and inserting in lieu thereof "railroad"; and (B) by striking the last sentence; (3) in section 3 (45 U.S,C. 4 0)(A) by striking "common carrier engaged in interstate or foreign conmierce by"; and (B) by striking "carriers" and inserting in lieu thereof "railroads"; (4) by amending section 7 (45 U.S.C. 43) to read as follows: "SEC. 7. Any person (including a railroad and any manager, supervisor, official, or other employee or agent of a railroad) violating this Act or any rule, regula^on, order, or standard issued under this Act or the Federal Railroad Safety Act of 1970 pertaining to accident reporting or investigations shall be liable for a penalty in such amount, not less that $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 defendent has its principal executive office. 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, r^ulation, order, or standard issued under this Act or the Federal Railroad Safety Act of 1970 pertaining to accident reporting or investigations 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 the right to document such protest.". SEC le. AMENDMENTS TO HOURS OF SERVICE ACT.

The Act of March 4, 1907, commonly referred to as the Hours of Service Act (45 U.S.C. 61 et seq.), is amended— (1) in the first section (45 U.S.C. 61)— (A) in subsection (a), by striking "common carrier engaged in interstate or foreign commerce by"; CB>) in subsection (b)(D, by striking all after "term" and inserting in lieu thereof "'railroad shall have the same meaning as when used in the Federal Railroad Safety Act of 1970 (45 UJS.C. 431 et seq.)."; and (C) in subsection (b)(4), by striking "carrier" and inserting in lieu thereof "railroad"; (2) in section 2 (45 U.S.C. 62), by striking "common carrier" wherever it iqppears and inserting in lieu therectf "railroad";

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