DOT 49 CFR PART 207-2010 RAILROAD POLICE OFFICERS.pdf

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1、9 Federal Railroad Administration, DOT 207.5 (b) Any order, approval, or deter-mination resulting from any hearing held under this part shall be published in the FEDERAL REGISTER. PART 201 RESERVED PART 207RAILROAD POLICE OFFICERS Sec. 207.1 Application. 207.2 Definitions. 207.3 Designation and comm

2、issioning. 207.4 Notice to State officials. 207.5 Authority in States where officer not commissioned. AUTHORITY: 45 U.S.C. 446; 49 CFR 1.49(ff). SOURCE: 59 FR 6587, Feb. 11, 1994, unless otherwise noted. 207.1 Application. This part applies to all railroads, as such term is defined in section 202(e)

3、 of the Federal Railroad Safety Act of 1970, as amended, Public Law 91458 (45 U.S.C. 431(e). 207.2 Definitions. As used in this part: (a) Railroad police officer means a peace officer who is commissioned in his or her state of legal residence or state of primary employment and em-ployed by a railroa

4、d to enforce state laws for the protection of railroad property, personnel, passengers, and/or cargo. (b) Commissioned means that a state official has certified or otherwise des-ignated a railroad employee as quali-fied under the licensing requirements of that state to act as a railroad police offic

5、er in that state. (c) Property means rights-of-way, easements, appurtenant property, equipment, cargo, facilities, and build-ings and other structures owned, leased, operated, maintained, or trans-ported by a railroad. 207.3 Designation and commis-sioning. (a) A railroad may designate employ-ees to

6、be commissioned by a state au-thority as railroad police officers to serve in the states in which the rail-road owns property. (b) The designated railroad police of-ficer shall be commissioned by the rail-road police officers state of legal resi-dence or the railroad police officers state of primary

7、 employment. 207.4 Notice to State officials. (a) After the designated railroad po-lice officer is commissioned by a state or states, the railroad shall send, by certified mail, written notice to appro-priate officials of every other state in which the railroad police officer shall protect the railr

8、oads property, per-sonnel, passengers, and cargo. The no-tice of commission shall contain the following information: (1) The name of the railroad police officer; (2) The badge number, identification number, rank, code, or other identi-fying information assigned to the rail-road police officer; (3) T

9、he date of commission; (4) The state or states where the rail-road police officer is commissioned; (5) The date the railroad police offi-cer received training or retraining re-garding the laws of such state or states; (6) The name of the railroad official who designated the employee as a rail-road p

10、olice officer; and (7) Color photographs of the types of badges, identification cards, and other identifying materials the railroad uses to identify its railroad police officers. (b) The railroad shall keep copies of all such notices at a central location. (c) The authority set forth in 207.5 shall

11、be effective upon receipt by such state(s) of written notice conforming to the requirements of this section. 207.5 Authority in States where offi-cer not commissioned. (a) A railroad police officer who is designated by a railroad and commis-sioned under the laws of any state is authorized to enforce

12、 the laws (as spec-ified in paragraph (b) of this section) of any state in which the railroad owns property and to which the railroad has provided notice in accordance with 207.4. (b) Under the authority of paragraph (a) of this section, a railroad police of-ficer may enforce only relevant laws for

13、the protection of VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00019 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-10 49 CFR Ch. II (10110 Edition) Pt. 209 (1

14、) The railroads employees, pas-sengers, or patrons; (2) The railroads property or prop-erty entrusted to the railroad for transportation purposes; (3) The intrastate, interstate, or for-eign movement of cargo in the rail-roads possession or in possession of an-other railroad or non-rail carrier whil

15、e on the railroad property; and (4) The railroad movement of per-sonnel, equipment, and materials vital to the national defense. (c) The authority exercised under this part by an officer for whom the railroad has provided notice in accord-ance with 207.4 shall be the same as that of a railroad polic

16、e officer com-missioned under the laws of that state. (d) The railroad police officers law enforcement powers shall apply only on railroad property, except that an offi-cer may pursue off railroad property a person suspected of violating the law on railroad property, and an officer may engage off ra

17、ilroad property in law enforcement activities, including, without limitation, investigation and arrest, if permissible under state law. PART 209RAILROAD SAFETY ENFORCEMENT PROCEDURES Subpart AGeneral Sec. 209.1 Purpose. 209.3 Definitions. 209.5 Service. 209.6 Requests for admission. 209.7 Subpoenas;

18、 witness fees. 209.8 Depositions in formal proceedings. 209.9 Filing. 209.11 Request for confidential treatment. 209.13 Consolidation. 209.15 Rules of evidence. 209.17 Motions. Subpart BHazardous Materials Penalties CIVIL PENALTIES 209.101 Civil penalties generally. 209.103 Minimum and maximum penal

19、ties. 209.105 Notice of probable violation. 209.107 Reply. 209.109 Payment of penalty; compromise. 209.111 Informal response and assessment. 209.113 Request for hearing. 209.115 Hearing. 209.117 Presiding officers decision. 209.119 Assessment considerations. 209.121 Appeal. CRIMINAL PENALTIES 209.13

20、1 Criminal penalties generally. 209.133 Referral for prosecution. Subpart CCompliance Orders 209.201 Compliance orders generally. 209.203 Notice of investigation. 209.205 Reply. 209.207 Consent order. 209.209 Hearing. 209.211 Presiding officers decision. 209.213 Appeal. 209.215 Time limitation. Subp

21、art DDisqualification Procedures 209.301 Purpose and scope. 209.303 Coverage. 209.305 Notice of proposed disqualification. 209.307 Reply. 209.309 Informal response. 209.311 Request for hearing. 209.313 Discovery. 209.315 Subpoenas. 209.317 Official record. 209.319 Prehearing conference. 209.321 Hear

22、ing. 209.323 Initial decision. 209.325 Finality of decision. 209.327 Appeal. 209.329 Assessment considerations. 209.331 Enforcement of disqualification order. 209.333 Prohibitions. 209.335 Penalties. 209.337 Information collection. Subpart EReporting of Remedial Actions 209.401 Purpose and scope. 20

23、9.403 Applicability. 209.405 Reporting of remedial actions. 209.407 Delayed reports. 209.409 Penalties. Subpart FEnforcement, Appeal and Hearing Procedures for Rail Routing Decisions Pursuant to 49 CFR 172.820 209.501 Review of rail transportation safety and security route analysis. APPENDIX A TO PA

24、RT 209STATEMENT OF AGENCY POLICY CONCERNING ENFORCE-MENT OF THE FEDERAL RAILROAD SAFETY LAWS APPENDIX B TO PART 209FEDERAL RAILROAD ADMINISTRATION GUIDELINES FOR INITIAL HAZARDOUS MATERIALS ASSESSMENTS APPENDIX C TO PART 209FRAS POLICY STATEMENT CONCERNING SMALL ENTITIES AUTHORITY: 49 U.S.C. 5123, 5

25、124, 20103, 20107, 20111, 20112, 20114; 28 U.S.C. 2461, note; and 49 CFR 1.49. SOURCE: 42 FR 56742, Oct. 28, 1977, unless otherwise noted. VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00020 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-