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(a) General. Beginning on January 1, 2002, the following provisions of this section apply to railroads operating Tier I passenger equipment covered by this part. A railroad may request earlier application of these requirements upon written notification to FRA's Associate Administrator for Safety as provided in §238.1(c).
(a) Any person who violates any requirement of this part or causes the violation of any such requirement is subject to a civil penalty of at least $892, but not more than $29,192 per day, except that: Penalties may be assessed against individuals only for willful violations, and, where a grossly negligent violation or a pattern of repeated violations has created an imminent hazard of death or injury to persons, or has caused death or injury, a penalty not to exceed
subjected to an end compression load (buff) test with an end load magnitude no less than 337,000 lbf (1500 kN).
(3) Compliance with the requirements of paragraph (b) of this section shall be documented and submitted to FRA for review and approval.
Any person who violates any requirement of this part or causes the violation of any such requirement is subject to a civil penalty of at least $892 and not more than $29,192 per violation, except that: Penalties may be assessed against individuals only for willful violations, and, where a grossly negligent violation or a pattern of repeated violations has created an imminent hazard of death or injury to persons, or has caused death or injury, a penalty not to exceed
intercity passenger railroads that are subject to Federal system safety program requirements contained in part 270 of this chapter.
(c) If a railroad contracts out significant portions of its operations, the contractor and the contractor's employees performing the railroad's operations shall be considered directly affected employees for purposes of this part.
(a) General. To remain eligible for MCSAP funding, a State may not have in effect or enforce any State law, regulation, standard, or order on CMV safety that the Administrator finds is not compatible (as defined in §350.105).
(b) Process. FMCSA may initiate a
(a) This subpart applies to for-hire motor carriers operating motor vehicles transporting property in interstate or foreign commerce.
(b) This subpart applies to motor carriers operating motor vehicles transporting hazardous materials, hazardous substances, or hazardous wastes in interstate, foreign, or intrastate commerce.
(c) Exception.
(b) The driver receives an alcohol confirmation test result of 0.04 or higher alcohol concentration conducted under part 40 of this title.
(c) The driver refused to submit to a test for drugs or alcohol required under this part.
(d) The driver used alcohol prior to a post-accident alcohol test in violation of §382.209.
(a) Each applicant applying under this subpart must submit an application that consists of:
(1) Form OP-1(NNA)—Application for U.S. Department of Transportation (USDOT) Registration by Non-North America-Domiciled Motor Carriers;
(2) Form MCS-150—Motor Carrier Identification Report; and
(3) A notification of the means used to designate process agents, either by
(a) A designation may be canceled or changed only by a new designation made by the motor carrier, broker, or freight forwarder, or by the process agent or company filing a blanket designation in accordance with §366.5. However, where a motor carrier, broker or freight forwarder's USDOT Number is inactive for at least 1 year, designation is no longer required and may be