§33115 — Title 49 Transportation | U.S. Code

Summary

Violators of certain vehicle safety rules must pay fines. For breaking rules in 33114(a)(1)–(4), a person can be fined up to $1,000 for each violation. If more than one part on the same vehicle fails the standard, that counts as one violation. Related violations together can total no more than $250,000. The Secretary of Transportation decides and can reduce the fines. The Secretary must think about how big the business is and how serious the violation was. The Attorney General will sue in federal court to collect fines. The government can take the fine out of money it owes the fined person. For a violation of 33114(a)(5), the fine can be up to $100,000 per day. The Secretary, after talking with the Attorney General as needed, can sue for a court order to stop the violation, collect the daily fines, or do both. The Attorney General may sue to block a sale, offer, or import of a passenger vehicle or a major part if it is found before the first sale not to meet the standard. When possible, the Secretary should tell the person in advance, let them explain their side, and, unless the violation was knowing and willful, give them a reasonable chance to fix it. If the Secretary does not do these steps, a court can still order relief. If someone is charged with criminal contempt for breaking such a court order and the act also breaks the law, they may demand a jury trial and be tried under Rule 42(b) of the Federal Rules of Criminal Procedure. Lawsuits under these rules can be filed where the violation happened or where the defendant lives, is found, or does business, and legal papers or subpoenas may be served in other districts where the defendant is found or lives.

Title 49, §33115

Transportation — Source: USLM XML via OLRC

(a)(1)A person that violates section 33114(a)(1)–(4) of this title is liable to the United States Government for a civil penalty of not more than $1,000 for each violation. The failure of more than one part of a single motor vehicle to conform to an applicable standard under section 33102 or 33103 of this title is only a single violation. The maximum penalty under this subsection for a related series of violations is $250,000.

(2)The Secretary of Transportation imposes a civil penalty under this subsection. The Secretary may compromise the amount of a penalty.

(3)In determining the amount of a civil penalty or compromise under this subsection, the Secretary shall consider the size of the person’s business and the gravity of the violation.

(4)The Attorney General shall bring a civil action in a United States district court to collect a civil penalty imposed under this subsection.

(5)The Government may deduct the amount of a civil penalty imposed or compromised under this subsection from amounts it owes the person liable for the penalty.

(b)(1)A person that violates section 33114(a)(5) of this title is liable to the Government for a civil penalty of not more than $100,000 a day for each violation.

(2)As appropriate and in consultation with the Attorney General, the Secretary shall—

(A)bring a civil action for a temporary or permanent injunction to restrain a person violating section 33114(a)(5) of this section;

(B)impose and recover the penalty described in paragraph (1) of this subsection; or

(C)take both the actions described in clauses (A) and (B) of this paragraph.

(c)(1)The Attorney General may bring a civil action in a United States district court to enjoin a violation of this chapter or the sale, offer for sale, introduction or delivery for introduction in interstate commerce, or importation into the United States, of a passenger motor vehicle containing a major part, or of a major replacement part, that is subject to the standard and is determined before the sale of the vehicle or part to a first purchaser not to conform to the standard.

(2)(A)When practicable, the Secretary—

(i)shall notify a person against whom an action under this subsection is planned;

(ii)shall give the person an opportunity to present that person’s views; and

(iii)except for a knowing and willful violation, shall give the person a reasonable opportunity to comply.

(B)The failure of the Secretary to comply with subparagraph (A) of this paragraph does not prevent a court from granting appropriate relief.

(d)In a trial for criminal contempt for violating an injunction or restraining order issued under subsection (c) of this section, the violation of which is also a violation of this chapter, the defendant may demand a jury trial. The defendant shall be tried as provided in rule 42(b) of the Federal Rules of Criminal Procedure (18 App. U.S.C.).

(e)A civil action under subsection (a) or (c) of this section may be brought in the judicial district in which the violation occurred or the defendant resides, is found, or transacts business. Process in the action may be served in any other judicial district in which the defendant resides or is found. A subpena for a witness in the action may be served in any judicial district.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 33115(a)15:2028(a).Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 611; added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2762; Oct. 25, 1992, Pub. L. 102–519, § 306(a), 106 Stat. 3397. 33115(b)15:2027(c)(2).Oct. 20, 1972, Pub. L. 92–513, § 86 Stat. 947, § 610(c)(2); added Oct. 25, 1992, Pub. L. 102–519, §§ 305(b), 306(a), 106 Stat. 3396, 3397. 33115(c)(1)15:2028(b)(1) (1st sentence). 33115(c)(2)15:2028(b)(1) (2d, last sentences). 33115(d)15:2028(b)(2). 33115(e)15:2028(b)(3), (4). In subsection (a)(1), the words “section 33114(a)(1)–(4)” are used to correct an erroneous cross-reference in section 611(a)(1) of the Motor Vehicle Information and Cost Savings Act (Public Law 92–513, 86 Stat. 947) to section 607 of that Act. section 607 and 611 were redesignated by section 306(a) of the Anti Car Theft Act of 1992 (Public Law 102–519, 106 Stat. 3397). The words “is liable to the United States Government for a civil penalty” are substituted for “may be assessed a civil penalty” for consistency in the revised title and with other titles of the United States Code. In subsection (a)(2), the word “imposes” is substituted for “assessed” for consistency. In subsection (a)(3), the words “the appropriateness of such penalty to” are omitted as surplus. In subsection (a)(5), the words “United States district court” are added for clarity and consistency in the revised title. In subsection (c)(1), the words “The Attorney General may bring a civil action” are substituted for “Upon petition by the Attorney General” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “on behalf of the United States” are omitted as surplus. The words “shall have jurisdiction” are omitted because of 28:1331. The words “for cause shown and subject to the provisions of rule 65(a) and (b) of the Federal Rules of Civil Procedure” are omitted as surplus because the rules apply in the absence of an exception from them. The word “enjoin” is substituted for “restrain” for consistency in the revised title. In subsection (d), the words “the defendant may demand a jury trial” are substituted for “trial shall be by the court, or, upon demand of the accused, by a jury” to eliminate unnecessary words and for consistency in the revised title.

§33115 Civil penalties and enforcement

Summary

Title 49, §33115

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata