{"data":{"id":"us/49-cfr-209.133","jurisdiction":"us","citation":"49 CFR 209.133","heading":"Referral for prosecution.","body":"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.","path":["Title 49—Transportation","Subtitle B—Other Regulations Relating to Transportation","CHAPTER II—FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION","PART 209—RAILROAD SAFETY ENFORCEMENT PROCEDURES","Subpart B—Hazardous Materials Penalties"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-49.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:34Z","sha256":"b9ae5ccde0c05d738ca5d658927fd03ce29e6f3b2ece2b16120bb72f211a2bed","source_id":"us-cfr","stale":true,"prev":"us/49-cfr-209.131","next":"us/49-cfr-209.201"},"notice":"GroundRules: Original legal text. Not legal advice."}