PRIA, Government Policy, Made Personal

Summary

The Attorney General can sue in federal court to stop violations of this chapter or related rules. The suit can also stop the sale, offer for sale, shipment across state lines, delivery into the United States, or import of a motor vehicle or part that, before it was first bought for use (not for resale), was found to have a safety defect (see sections 30118(c) and 30118(b)) or to fail a required safety standard. When possible, the Secretary of Transportation must tell the person being sued, let them explain their side, and give them a fair chance to fix the defect or meet the safety standard unless the violation was knowing and willful. A court can still order relief even if notice or a chance to fix was not given. The case may be filed where the violation happened or where the defendant lives or does business (see section 30121(d)). In a criminal contempt trial for breaking an injunction tied to this chapter, the defendant may demand a jury trial and will be tried under rule 42(b) of the Federal Rules of Criminal Procedure. Subpoenas for witnesses in these civil cases may be served in any judicial district.

Title 49, §30163

Transportation, Source: USLM XML via OLRC

(a)Civil Actions To Enforce.—

The Attorney General may bring a civil action in a United States district court to enjoin— (1)

(2)the sale, offer for sale, or introduction or delivery for introduction, in interstate commerce, or the importation into the United States, of a motor vehicle or motor vehicle equipment for which it is decided, before the first purchase in good faith other than for resale, that the vehicle or equipment—

(A)contains a defect related to motor vehicle safety about which notice was given under section 30118(c) of this title or an order was issued under section 30118(b) of this title; or

(B)does not comply with an applicable motor vehicle safety standard prescribed under this chapter.

(b)Prior Notice.—

When practicable, the Secretary of Transportation shall notify a person against whom a civil action under subsection (a) of this section is planned, give the person an opportunity to present that person’s views, and, except for a knowing and willful violation of this chapter, give the person a reasonable opportunity to remedy the defect or comply with the applicable motor vehicle safety standard prescribed under this chapter. Failure to give notice and an opportunity to remedy the defect or comply with the applicable motor vehicle safety standard prescribed under this chapter does not prevent a court from granting appropriate relief.

(c)Venue.—

Except as provided in section 30121(d) of this title, a civil action under this section or section 30165(a) of this title may be brought in the judicial district in which the violation occurred or the defendant is found, resides, or does business. Process in the action may be served in any other judicial district in which the defendant resides or is found.

(d)Jury Trial Demand.— (e) Subpenas for Witnesses.—

In a trial for criminal contempt for violating an injunction or restraining order issued under subsection (a) 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.).

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 30163(a)15:1399(a) (1st sentence).Sept. 9, 1966, Pub. L. 89–563, § 110(a), (c), 80 Stat. 723, 724; Oct. 27, 1974, Pub. L. 93–492, §§ 102(b)(2), 103(c), 88 Stat. 1477, 1478. 15:1424(b) (related to injunctions).Sept. 9, 1966, Pub. L. 89–563, § 204(b) (related to injunctions), 80 Stat. 729. 30163(b)15:1399(a) (2d, last sentences). 30163(c)15:1399(c). 30163(d)15:1399(b).Sept. 9, 1966, Pub. L. 89–563, § 110(b), (d) (related to § 110), 80 Stat. 723, 724. 30163(e)15:1399(d) (related to 15:1399). In subsection (a), before clause (1), the text of 15:1424(b) (related to injunctions) is omitted because of the restatement. The words “The Attorney General may bring a civil action” are substituted for “upon petition by . . . the Attorney General” for consistency. The words “the appropriate United States attorney or . . . on behalf of the United States” are omitted as surplus. 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. In clause (1), the words “a regulation prescribed or order issued under this chapter” are substituted for “(or rules,

Regulations

or orders thereunder)” for clarity and consistency and because “rule” and “regulation” are synonymous. In clause (2), before subclause (A), the words “that the vehicle or equipment” are added for clarity. The words “of such vehicle” and “purposes” are omitted as surplus. In subclause (B), the words “does not comply with” are substituted for “is determined . . . not to conform to” for clarity and consistency. In subsections (b), (c), and (e), the word “civil” is added because of rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). In subsection (b), the words “comply with the applicable motor vehicle safety standard prescribed under this chapter” are substituted for “achieve compliance”, and the words “a court” are added, for clarity. In subsection (c), the words “any act or transaction constituting the” are omitted as surplus. The word “resides” is substituted for “is an inhabitant” for consistency in the revised title. The words “the action” are substituted for “such cases” for consistency. 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. In subsection (e), the words “who are required to attend a United States district court” are omitted as surplus. The words “be served in” are substituted for “run into” for clarity.

§30163 Actions by the Attorney General

Summary

Title 49, §30163

Notes & Related Subsidiaries

Historical and Revision Notes

Regulations

Citations & Metadata