Page:United States Statutes at Large Volume 108 Part 2.djvu/175

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 891 § 21106. Limitations on employee sleeping quarters A railroad carrier and its officers and agents— (1) may provide sleeping quarters (including crew quarters, camp or bunk cars, and trailers) for employees, and any individuals employed to maintain the right of way of a railroad carrier, only if the sleeping quarters are clean, safe, and sanitary and give those employees and individuals an opportunity for rest free from the interruptions caused by noise under the control of the carrier; and (2) may not begin, after July 7, 1976, construction or reconstruction of sleeping quarters referred to in clause (1) of this section in an area or in the immediate vicinity of an area, as determined under regulations prescribed by the Secretary of Transportation, in which railroad switching or humping operations are performed. §21107. Maximum duty hours and subjects of collective bargaining The number of hours established by this chapter that an employee may be required or allowed to be on duty is the maximum number of hours consistent with safety. Shorter hours of service and time on duty of an employee are proper subjects for collective bargaining between a railroad carrier and its employees. CHAPTER 213—PENALTIES SUBCHAPTER I—CIVIL PENALTIES Sec. 21301. Chapter 201 general •'/iolations. 21302. Chapter 201 accident and incident violations and chapter 203-209 violations. 21303. Chapter 211 violations. 21304. Willfulness requirement for penalties against individuals. SUBCHAI'TER II —CRIMINAL PENALTIES 21311. Records and reports. SUBCHAPTER I—CIVIL PENALTIES § 21301. Chapter 201 general violations (a) PENALTY. — (1) Subject to section 21304 of this title, a person violating a regulation prescribed or order issued by the Secretary of Transportation under chapter 201 of this title is liable to the United States Government for a civil penalty. The Secretary shall impose the penalty applicable under paragraph (2) of this subsection. A separate violation occurs for each day the violation continues. (2) The Secretary shall include in, or make applicable to, each regulation prescribed and order issued under chapter 201 of this title a civil penalty for a violation. The amount of the penalty shall be at least $500 but not more than $10,000. However, when a grossly negligent violation or a pattern of repeated violations has caused an imminent hazard of death or injury to individuals, or has caused death or injury, the amount may be not more than $20,000. (3) The Secretary may compromise the amount of a civil penalty imposed under this subsection to not less than $500 before referring the matter to the Attorney General for collection. In determining the amount of a compromise, the Secretary shall consider—

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