PRIA, Government Policy, Made Personal

Summary

If a person or company breaks the rules in this chapter, they must pay up to $1,000 for each violation to the U.S. government. The Attorney General enforces these fines and must file a civil case to collect them. The Attorney General can agree to a smaller amount. When deciding the fine or a settlement, the Attorney General must consider the size of the business and how serious the violation was. The government can subtract the penalty from money it owes that person or company.

Title 49, §30505

Transportation, Source: USLM XML via OLRC

(a)Penalty.—

An individual or entity violating this chapter is liable to the United States Government for a civil penalty of not more than $1,000 for each violation.

(b)Collection and Compromise.—

(1)The Attorney General shall impose a civil penalty under this section. The Attorney General shall bring a civil action to collect the penalty. The Attorney General may compromise the amount of the penalty. In determining the amount of the penalty or compromise, the Attorney General shall consider the appropriateness of the penalty to the size of the business of the individual or entity charged and the gravity of the violation.

(2)The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the individual or entity liable for the penalty.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 3050515:2044(c).Oct. 25, 1992, Pub. L. 102–519, § 204(c), 106 Stat. 3393. In subsection (a), the words “An individual or entity violating this chapter is liable to the United States Government for a civil penalty of” are substituted for “Whoever violates this section may be assessed a civil penalty of not to exceed” for clarity and consistency in the revised title and with other titles of the United States Code. In subsection (b), the words “individual or entity” are substituted for “person” for clarity and consistency with the source provisions restated in the revised chapter. In subsection (b)(1), the words “The Secretary of Transportation shall impose a civil penalty under this section. The Attorney General shall bring a civil action to collect the penalty” are substituted for “Any such penalty shall be assessed by the Secretary and collected in a civil action brought by the Attorney General of the United States” for clarity and consistency in the revised title and with other titles of the Code. In subsection (b)(2), the words “penalty imposed or compromised” are substituted for “such penalty, finally determined, or the amount agreed upon in compromise”, and the words “liable for the penalty” are substituted for “charged”, for clarity and consistency in the revised title and other titles of the Code.

Editorial Notes

Amendments

1996—Subsec. (b)(1). Pub. L. 104–152 substituted “Attorney General shall impose” for “Secretary of Transportation shall impose”, “Attorney General may compromise” for “Secretary may compromise”, and “Attorney General shall consider” for “Secretary shall consider”.

§30505 Penalties and Enforcement