FRA is replacing the oath and notarization requirement for Form FRA F 6180.55 with a requirement that the signature be signed under penalty of perjury in accordance with 28 U.S.C. 1746. This change will ease the burden on railroads for completing this form.

Title 49 U.S.C. 20901 requires that a railroad file an Accident/Incident report “under oath” no later than 30 days after the end of each month. To fulfill this requirement, FRA currently requires that a railroad reporting officer make a sworn statement, under oath, before a notary public each month attesting to the accuracy of that month’s submission. The question has arisen as to whether an unsworn, unnotarized statement is adequate to fulfill section 20901’s oath requirement.

In 1976, Congress addressed the use of “unsworn declarations under penalty of perjury,” in lieu of a sworn affidavit. Title 28 U.S.C. 1746, “Unsworn declarations under penalty of perjury,” provides that “wherever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated . . .” and provides examples of the form the declaration, certificate, verification, or statement must take. Consequently, the oath requirement of section 20901 can be met via an unsworn, unnotarized statement, as long as the statement meets the requirements set forth in 28 U.S.C. 1746.

FRA F 6180.55