I 
110TH CONGRESS 
2D SESSION 
H. R. 6973 
To require rail carriers to develop positive rail control system plans for 
improving railroad safety and to increase the civil penalties for railroad 
safety violations. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 18, 2008 
Mr. SCHIFF (for himself, Mr. WAXMAN, Mr. GALLEGLY, Mr. SHERMAN, Mrs. 
NAPOLITANO, Mrs. CAPPS, and Mr. BERMAN) introduced the following 
bill; which was referred to the Committee on Transportation and Infra-
structure 
A BILL 
To require rail carriers to develop positive rail control system 
plans for improving railroad safety and to increase the 
civil penalties for railroad safety violations. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Rail Collision Preven-
tion Act’’. 
SEC. 2. POSITIVE TRAIN CONTROL SYSTEMS. 
(a) SUBMISSION OF PLAN.— 
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(1) IN GENERAL.—Not later than 12 months 
after the date of the enactment of this Act, each rail 
carrier that is a Class I railroad, a rail carrier that 
has inadequate safety performance (as determined 
by the Secretary), or a rail carrier that provides 
intercity passenger or commuter rail passenger 
transportation shall develop and submit to the Sec-
retary a plan for implementing a positive train con-
trol system by December 31, 2014. 
(2) TECHNICAL
ASSISTANCE.—The Secretary 
may provide technical assistance and guidance to 
railroad carriers in developing the plans required 
under this subsection. 
(b) DEFINITIONS.—In this section: 
(1) POSITIVE TRAIN CONTROL SYSTEM.—The 
term ‘‘positive train control system’’ means a system 
designed to prevent train-to-train collisions, over-
speed derailments, incursions into roadway worker 
work limits, and movement of a train through a 
switch left in the wrong position. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(c) CONTENTS
OF PLAN.—The plans submitted 
under paragraph (1) shall include— 
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(1) measurable goals, including a strategy and 
time line for implementation of such systems; 
(2) a prioritization of how the systems will be 
implemented, with particular emphasis on high-risk 
corridors such as those that have significant move-
ments of hazardous materials or where commuter 
and intercity passenger railroads operate; 
(3) identification of detailed steps the carriers 
will take to implement the systems; and 
(4) any other element the Secretary considers 
appropriate. 
(d) REVIEW AND APPROVAL.— 
(1) IN GENERAL.—Not later than 90 days after 
the Secretary receives a plan from a rail carrier 
under this section, the Secretary shall— 
(A) review the plan; 
(B) notify the rail carrier that the plan has 
been approved; or 
(C) notify the affected railroad carrier of 
the specific points in which the proposed plan 
is deficient. 
(2) CORRECTION OF DEFICIENCIES.—A railroad 
carrier shall correct all deficiencies of a plan sub-
mitted under this section not later than 30 days 
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after receiving written notice from the Secretary of 
such deficiencies. 
(3) COMPLIANCE WITH PLAN.—Upon receiving 
notification from the Secretary that a plan sub-
mitted under this section has been approved, the rail 
carrier that submitted such plan shall comply with 
goals, strategy, and time line contained in such plan. 
(4) ANNUAL REVIEW.—The Secretary shall con-
duct an annual review to ensure that each rail car-
rier is complying with the plan submitted by such 
rail carrier under this section. 
(e) REPORT.—Not later than December 31, 2011, the 
Secretary shall submit a report that describes the progress 
made by rail carriers in implementing positive train con-
trol systems to— 
(1) the Committee on Commerce, Science, and 
Transportation of the Senate; and 
(2) the Committee on Transportation and In-
frastructure of the House of Representatives. 
(f) Positive train control systems shall be imple-
mented no later than December 31, 2012 in those areas 
determined by the Secretary of Transportation to have the 
highest safety risk due to shared track between commuter 
and freight rail. 
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(g) ENFORCEMENT.—The Secretary is authorized to 
assess civil penalties pursuant to chapter 213 of title 49, 
United States Code, for a violation of this section, includ-
ing the failure to submit, certify, or comply with a plan 
for implementing a positive train control system. 
SEC. 3. CIVIL PENALTY INCREASES. 
(a) GENERAL VIOLATIONS OF CHAPTER 201.—Sec-
tion 21301(a)(2) of title 49, United States Code, is 
amended— 
(1) by striking ‘‘$10,000’’ and inserting 
‘‘$25,000’’; and 
(2) by striking ‘‘$20,000’’ and inserting 
‘‘$100,000’’. 
(b) ACCIDENT AND INCIDENT VIOLATIONS OF CHAP-
TER 201; VIOLATIONS
OF CHAPTERS 203 THROUGH 
209.—Section 21302(a)(2) of such title is amended— 
(1) by striking ‘‘$10,000’’ and inserting 
‘‘$25,000’’; and 
(2) by striking ‘‘$20,000’’ and inserting 
‘‘$100,000’’. 
(c) 
VIOLATIONS
OF
CHAPTER
211.—Section 
21303(a)(2) of such title is amended— 
(1) by striking ‘‘$10,000’’ and inserting 
‘‘$25,000’’; and 
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(2) by striking ‘‘$20,000’’ and inserting 
‘‘$100,000’’. 
Æ 
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