§16101 — Title 49 Transportation | U.S. Code

Summary

Makes pipeline carriers and certain related people pay fines to the U.S. if they knowingly break the rules under this part or disobey a Board order. The carrier or its officers, agents, receivers, trustees, or lessees can be fined up to $5,000 for each separate violation, and each day the problem continues counts as a new violation. If someone who must keep or send records under chapter 157 fails to do so, the fine is $500 per violation. Violating section 15722 is $100 per violation. Not filing required reports or not answering Board questions fully and truthfully is $100 per violation. Each day a violation continues is a separate violation. Civil cases must be tried where the carrier’s main operating office is located.

Title 49, §16101

Transportation — Source: USLM XML via OLRC

(a)Except as otherwise provided in this section, a pipeline carrier providing transportation subject to this part, an officer or agent of that carrier, or a receiver, trustee, lessee, or agent of one of them, knowingly violating this part or an order of the Board under this part is liable to the United States for a civil penalty of not more than $5,000 for each violation. Liability under this subsection is incurred for each distinct violation. A separate violation occurs for each day the violation continues.

(b)(1)A person required under chapter 157 to make, prepare, preserve, or submit to the Board a record concerning transportation subject to this part that does not make, prepare, preserve, or submit that record as required under that chapter, is liable to the United States for a civil penalty of $500 for each violation.

(2)A carrier providing transportation subject to this part, and a lessor, receiver, or trustee of that carrier, violating section 15722, is liable to the United States for a civil penalty of $100 for each violation.

(3)A carrier providing transportation subject to the jurisdiction of the Board under this part, a lessor, receiver, or trustee of that carrier, and an officer, agent, or employee of one of them, required to make a report to the Board or answer a question that does not make the report or does not specifically, completely, and truthfully answer the question, is liable to the United States for a civil penalty of $100 for each violation.

(4)A separate violation occurs for each day violation under this subsection continues.

(c)Trial in a civil action under this section is in the judicial district in which the carrier has its principal operating office.

Notes & Related Subsidiaries

Historical and Revision Notes

Pub. L. 105–102This amends 49:16101 to redesignate subsection (d) as (c) because no subsection (c) was enacted.

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 11901 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

Amendments

1997—Subsecs. (c), (d). Pub. L. 105–102 redesignated subsec. (d) as (c).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.

§16101 General Civil Penalties