49 CFR § 209.133 - Referral for prosecution.

---
identifier: "/us/cfr/t49/s209.133"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "49 CFR § 209.133 - Referral for prosecution."
title_number: 49
title_name: "Transportation"
section_number: "209.133"
section_name: "Referral for prosecution."
chapter_name: "FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
part_number: "209"
part_name: "RAILROAD SAFETY ENFORCEMENT PROCEDURES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "49 U.S.C. 5123, 5124, 20103, 20107, 20111, 20112, 20114; 28 U.S.C. 2461 note; and 49 CFR 1.89."
regulatory_source: "42 FR 56742, Oct. 28, 1977, unless otherwise noted."
cfr_part: "209"
---


# 209.133 Referral for prosecution.

If an inspector, including a certified state inspector under part 212 of this chapter, or another employee of FRA becomes aware of a possible knowing violation of 49 U.S.C. 5104(b) or a willful or reckless violation of the Federal hazardous materials transportation law or a regulation issued under those laws for which FRA exercises enforcement responsibility, he or she shall report it to the Chief Counsel. If evidence exists tending to establish a prima facie case, and if it appears that assessment of a civil penalty would not be an adequate deterrent to future violations, the Chief Counsel refers the report to the Department of Justice for criminal prosecution of the offender.

[61 FR 38647, July 25, 1996, as amended at 71 FR 77295, Dec. 26, 2006]