49 USC § 20138 - Tampering with safety and operational monitoring devices

---
identifier: "/us/usc/t49/s20138"
source: "usc"
legal_status: "official_legal_evidence"
title: "49 USC § 20138 - Tampering with safety and operational monitoring devices"
title_number: 49
title_name: "TRANSPORTATION"
section_number: "20138"
section_name: "Tampering with safety and operational monitoring devices"
chapter_number: 201
chapter_name: "GENERAL"
subchapter_number: "II"
subchapter_name: "PARTICULAR ASPECTS OF SAFETY"
part_number: "A"
part_name: "SAFETY"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 876.)"
---


# § 20138. Tampering with safety and operational monitoring devices

**(a)** **General.—** The Secretary of Transportation shall prescribe regulations and issue orders to prohibit the willful tampering with, or disabling of, any specified railroad safety or operational monitoring device.

**(b)** **Penalties.—**

**(1)** A railroad carrier operating a train on which a safety or operational monitoring device is tampered with or disabled in violation of a regulation prescribed or order issued under subsection (a) of this section is liable to the United States Government for a civil penalty under section 21301 of this title.

**(2)** An individual tampering with or disabling a safety or operational monitoring device in violation of a regulation prescribed or order issued under subsection (a) of this section, or knowingly operating or allowing to be operated a train on which such a device has been tampered with or disabled, is liable for penalties established by the Secretary. The penalties may include—

**(A)** a civil penalty under section 21301 of this title;

**(B)** suspension from work; and

**(C)** suspension or loss of a license or certification issued under section 20135 of this title.

---

**Source Credit**: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 876.)

| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 20138 | 45:431(o). | Oct 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 202(o); added June 22, 1988, Pub. L. 100–342, § 21, 102 Stat. 638; Sept. 3, 1992, Pub. L. 102–365, § 2(3), 106 Stat. 972. |

In subsection (a), the words “within 90 days after ” are omitted as expired.

In subsection (b), the words “by another person” are omitted as surplus.