§32308 — Title 49 Transportation | U.S. Code

Summary

You must give the Secretary of Transportation any information the Secretary asks for under this chapter and follow the rules the Secretary makes to carry out this chapter. If you do not, you can be fined up to $1,000 for each violation. Each failure is a separate violation, and related violations together can result in up to $400,000. The Secretary may reduce or settle a fine. When deciding the amount, the Secretary will consider the size of the business and how serious the violation was. The government can deduct the fine from money it owes you. Not following the national tire fuel efficiency information program under section 32304A can bring a fine of up to $50,000 per violation. The Attorney General can sue in federal court to stop violations. When practical, the Secretary should warn the person, let them explain, and give time to comply, but failing to do that does not stop a court from acting. Lawsuits can be filed where the violation happened or where the defendant is found, lives, or does business. Court papers and witness subpoenas may be served in other districts.

Title 49, §32308

Transportation — Source: USLM XML via OLRC

(a)A person may not—

(1)fail to provide the Secretary of Transportation with information requested by the Secretary in carrying out this chapter; or

(2)fail to comply with applicable regulations prescribed by the Secretary in carrying out this chapter.

(b)(1)A person that violates subsection (a) of this section is liable to the United States Government for a civil penalty of not more than $1,000 for each violation. Each failure to provide information or comply with a regulation in violation of subsection (a) is a separate violation. The maximum penalty under this subsection for a related series of violations is $400,000.

(2)The Secretary may compromise the amount of a civil penalty imposed under this section.

(3)In determining the amount of a penalty or compromise, the appropriateness of the penalty or compromise to the size of the business of the person charged and the gravity of the violation shall be considered.

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

(c)Any person who fails to comply with the national tire fuel efficiency information program under section 32304A is liable to the United States Government for a civil penalty of not more than $50,000 for each violation.

(d)(1)The Attorney General may bring a civil action in a United States district court to enjoin a violation of subsection (a) of this section.

(2)When practicable, the Secretary shall—

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

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

(C)give the person a reasonable opportunity to comply.

(3)The failure of the Secretary to comply with paragraph (2) of this subsection does not prevent a court from granting appropriate relief.

(e)A civil action under this section 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. 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) 32308(a)15:1946.Oct. 20, 1972, Pub. L. 92–513, §§ 206–208, 86 Stat. 959. 32308(b)(1)15:1948(a). 32308(b) (2)–(4)15:1948(b). 32308(c)15:1947 (1st–3d sentences). 32308(d)15:1947 (last sentence). 15:1948(c). In subsection (a)(1), the words “data or” are omitted as surplus. In subsection (b)(1), the words “Each failure to provide information or comply with a regulation” are substituted for “with respect to each failure or refusal to comply with a requirement thereunder” for clarity. In subsection (c), the words “The Attorney General may bring a civil action” are substituted for “Upon petition by the Attorney General on behalf of the United States” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.) and to eliminate unnecessary words. The words “for cause shown” are omitted as surplus. The words “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. Subsection (d) is substituted for 15:1947 (last sentence) and 1948(c) for clarity and consistency in this part by restating 15:1917(c)(3) and (4).

Editorial Notes

Amendments

2007—Subsecs. (c) to (e). Pub. L. 110–140 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.

Statutory Notes and Related Subsidiaries

Effective Date

of 2007 AmendmentAmendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an

Effective Date

note under section 1824 of Title 2, The Congress.

§32308 General Prohibitions, Civil Penalty, and Enforcement

Summary

Title 49, §32308

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata