2008

Railroad Safety—Civil Penalty Provisions

Under the Federal Claims Collection Act (31 U.S.C. § 3711) and regulations promulgated thereunder (see 4 C.F.R. §§ 101-105), the FRA is authorized to collect and compromise administratively civil penalties and forfeitures arising from violations of railroad safety statutes. Occasionally, it will be necessary to refer claims arising under the Safety Appliance Act, the Locomotive Inspection Act, the Hours of Service Act, and the Signal Inspection Law to the appropriate United States Attorney when such claims cannot be disposed of under the applicable standards of the Federal Claims Collection Act. Since three written demands, at 30-day intervals, must normally be made upon a debtor pursuant to a requirement contained in 4 C.F.R. § 102.2, Hours of Service Act cases in which the violation will expire due to the short statute of limitations of 2 years (see 45 U.S.C. § 64a), will necessarily be referred to the United States Attorney. [cited in USAM 9-76.340]