                                 CODE OF VIRGINIA

EMPLOYER PENALTY; RAILROAD/HIGHWAY GRADE CROSSING VIOLATIONS; OUT-OF-SERVICE
ORDER VIOLATION (§ 46.2-341.20:2)

Any employer who knowingly allows, permits, authorizes, or requires an employee
to operate a commercial motor vehicle in violation of any law or regulation
pertaining to railroad/highway grade crossings, or in violation of an
out-of-service order, shall be subject to a civil penalty for each violation
pursuant to 49 C.F.R. Part 383, which shall be imposed by the Commissioner upon
receipt of notification from federal or state motor carrier officials that an
employer may have violated this provision, and upon notice to the employer of
the charge and a hearing conducted as provided under the Administrative Process
Act (§ 2.2-4000 et seq.), to determine whether such employer has violated this
provision. Civil penalties collected under this section shall be deposited into
the Transportation Trust Fund established pursuant to § 33.2-1524.

HISTORY: 2002, c. 724; 2005, c. 513; 2008, c. 190; 2014, cc. 77, 803.