constitute a separate offense. Appendix (5) Circumstances of the accident, in-
A to this part contains a schedule of cluding operating details of the grade civil penalty amounts used in connec- crossing warning device; tion with this rule. The railroad is not (6) Number of persons killed or in- responsible for compliance with respect jured, if any; to any condition inconsistent with the (7) Maximum authorized train speed; technical standards set forth in this and part where such variance arises as a re- (8) Posted highway speed limit, if sult of actions beyond the control of known. the railroad and the railroad could not have prevented the variance through § 234.9 Grade crossing signal system failure reports. the exercise of due diligence. The fore- going sentence does not excuse any in- Each railroad shall report to FRA stance of noncompliance resulting within 15 days each activation failure from the actions of the railroad’s em- of a highway-rail grade crossing warn- ployees, agents, or contractors. ing system. FRA Form No. 6180–83, (b) Criminal penalty. Whoever know- ‘‘Highway-Rail Grade Crossing Warn- ingly and willfully makes, causes to be ing System Failure Report,’’ shall be made, or participates in the making of used for this purpose and completed in a false entry in reports required to be accordance with instructions printed filed by this part, or files a false report on the form. or other document required to be filed by this part is subject to a $5,000 fine Subpart C—Response to Reports and 2 years imprisonment as prescribed of Warning System Malfunction by 49 U.S.C. 522(a) and section 209(e) of the Federal Railroad Safety Act of § 234.101 Employee notification rules. 1970, as amended (45 U.S.C. 438(e)). Each railroad shall issue rules requir- ing its employees to report to persons [61 FR 31806, June 20, 1996, as amended at 63 FR 11623, Mar. 10, 1998] designated by that railroad, by the quickest means available, any warning system malfunction. Subpart B—Reports § 234.103 Timely response to report of § 234.7 Accidents involving grade malfunction. crossing signal failure. (a) Upon receipt of a credible report (a) Each railroad shall report to FRA of a warning system malfunction, a every impact between on-track rail- railroad having maintenance responsi- road equipment and an automobile, bility for the warning system shall bus, truck, motorcycle, bicycle, farm promptly investigate the report and de- vehicle, or pedestrian at a highway-rail termine the nature of the malfunction. grade crossing involving an activation The railroad shall take appropriate ac- failure. Notification shall be provided tion as required by § 234.207. to the National Response Center within (b) Until repair or correction of the 24 hours of occurrence at (800) 424–0201. warning system is completed, the rail- Complete reports shall thereafter be road shall provide alternative means of filed with FRA pursuant to § 234.9 of warning highway traffic and railroad this part (activation failure report) and employees in accordance with §§ 234.105, 49 CFR 225.11 (accident/ incident re- 234.106 or 234.107 of this part. port). (c) Nothing in this subpart requires (b) Each telephone report must state repair of a warning system, if, acting the: in accordance with applicable State (1) Name of the railroad; law, the railroad proceeds to dis- (2) Name, title, and telephone num- continue or dismantle the warning sys- ber of the individual making the re- tem. However, until repair, correction, port; discontinuance, or dismantling of the (3) Time, date, and location of acci- warning system is completed, the rail- dent; road shall comply with this subpart to (4) U. S. DOT-AAR Grade Crossing ensure the safety of the traveling pub- Identification Number; lic and railroad employees.
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