Effective immediately, railroads have the option of using this new FRA F6180.55 report from which does not require notarization.
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. Such 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 USC
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, verification, certificate, statement, oath, or
affidavit, in writing of the person making 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 20901 can be met via an unsworn,
unnotarized statement, so long as the statement meets the requirements
set forth in 28 U.S.C. 1746.
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