§60121 — Title 49 Transportation | U.S. Code

Summary

You can sue in federal court to ask a judge to stop someone from breaking the safety rules in this chapter, including suing the U.S. government when allowed under the 11th Amendment. You must wait 60 days after you tell the Secretary of Transportation (or the certified State authority if it happened in a State certified under section 60105) and the person you say broke the rule. You may not sue if the Secretary or State has already started and is actively pursuing an administrative case, or if the U.S. Attorney General or a State’s top law officer has already started and is actively pursuing a court case. The Secretary decides how notice is given. The Secretary (with the Attorney General’s OK) or the Attorney General may join the lawsuit. If the plaintiff wins, the court may order the defendant to pay costs, reasonable expert witness fees, and a fair attorney fee based on actual time, expenses, and the usual rate in that court. The court can make a defendant recover costs if the lawsuit is unreasonable, frivolous, or without merit. A State safety rule counts here only if it is not stricter than the federal minimum. These remedies are in addition to other legal rights.

Title 49, §60121

Transportation — Source: USLM XML via OLRC

(a)(1)A person may bring a civil action in an appropriate district court of the United States for an injunction against another person (including the United States Government and other governmental authorities to the extent permitted under the 11th amendment to the Constitution) for a violation of this chapter or a regulation prescribed or order issued under this chapter. However, the person—

(A)may bring the action only after 60 days after the person has given notice of the violation to the Secretary of Transportation or to the appropriate State authority (when the violation is alleged to have occurred in a State certified under section 60105 of this title) and to the person alleged to have committed the violation;

(B)may not bring the action if the Secretary or authority has begun and diligently is pursuing an administrative proceeding for the violation; and

(C)may not bring the action if the Attorney General of the United States, or the chief law enforcement officer of a State, has begun and diligently is pursuing a judicial proceeding for the violation.

(2)The Secretary shall prescribe the way in which notice is given under this subsection.

(3)The Secretary, with the approval of the Attorney General, or the Attorney General may intervene in an action under paragraph (1) of this subsection.

(b)The court may award costs, reasonable expert witness fees, and a reasonable attorney’s fee to a prevailing plaintiff in a civil action under this section. The court may award costs to a prevailing defendant when the action is unreasonable, frivolous, or meritless. In this subsection, a reasonable attorney’s fee is a fee—

(1)based on the actual time spent and the reasonable expenses of the attorney for legal services provided to a person under this section; and

(2)computed at the rate prevailing for providing similar services for actions brought in the court awarding the fee.

(c)In this section, a violation of a safety standard or practice of a State is deemed to be a violation of this chapter or a regulation prescribed or order issued under this chapter only to the extent the standard or practice is not more stringent than a comparable minimum safety standard prescribed under this chapter.

(d)A remedy under this section is in addition to any other remedies provided by law. This section does not restrict a right to relief that a person or a class of persons may have under another law or at common law.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 60121(a)(1)49 App.:1686(a), (b) (1st sentence).Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 19; added Oct. 11, 1976, Pub. L. 94–477, § 8, 90 Stat. 2075; Nov. 30, 1979, Pub. L. 96–129, § 104(b), 93 Stat. 992. 49 App.:2014(a), (b) (1st sentence).Nov. 30, 1979, Pub. L. 96–129, § 215, 93 Stat. 1014. 60121(a)(2)49 App.:1686(b) (last sentence). 49 App.:2014(b) (last sentence). 60121(a)(3)49 App.:1686(c). 49 App.:2014(c). 60121(b)49 App.:1686(e). 49 App.:2014(e). 60121(c)49 App.:1686(f). 49 App.:2014(f). 60121(d)49 App.:1686(d). 49 App.:2014(d). In subsection (a)(1), before clause (A), the text of 49 App.:1686(a) (last sentence, words after the comma) and 2014(a) (last sentence, words after the comma) is omitted as surplus because the amount in controversy is no longer a criterion. The word “bring” is substituted for “commence” for consistency in the revised title and with other titles of the United States Code. The words “mandatory or prohibitive”, “including interim equitable relief”, “State, municipality, or”, and “alleged to be” are omitted as surplus. The word “prescribed” is added for consistency in the revised title and with other titles of the Code. In subsection (a)(2), the words “by regulation” are omitted as surplus because of 49:322(a). In subsection (a)(3), the words “as a matter of right” are omitted as surplus. In subsection (b), before clause (1), the words “in the interest of justice” and “of suit, including” are omitted as surplus. In clause (1), the words “by an attorney” and “advice and other” are omitted as surplus. The words “provided to a person under this section” are substituted for “providing . . . in connection with representing a person in an action brought under this section” to eliminate unnecessary words. In subsection (c), the word “Federal” is omitted as surplus. The words “prescribed under this chapter” are added for clarity. In subsection (d), the words “

Enforcement

of this chapter or any order or regulation under this chapter or to seek any other” are omitted as surplus.

§60121 Actions by private persons

Summary

Title 49, §60121

Notes & Related Subsidiaries

Historical and Revision Notes

Enforcement

Citations & Metadata