§32507 — Title 49 Transportation | U.S. Code

Summary

If a person sells or puts into interstate commerce a passenger vehicle or its equipment that does not meet safety standards, or fails to give a required certificate (or gives a false one), they must pay the U.S. up to $1,000 for each vehicle or item involved. Related violations together can total at most $800,000. The Secretary of Transportation can assess the penalty, and the Attorney General (or the Secretary with the Attorney General’s help) can go to federal court to collect it. If someone knowingly keeps violating the rule after getting a notice from the Secretary, they can be fined under Title 18, jailed for up to one year, or both. Company directors, officers, or agents who knowingly order or take part in the violation after notice can be punished the same way. The Secretary or Attorney General can also go to court to stop the sale or import of noncompliant vehicles before the first good-faith sale, and should, when possible, notify the person, let them speak, and give a chance to fix the problem unless the violation was knowing and willful. Failure to give notice does not stop the court from acting. In criminal contempt trials for breaking such court orders, the defendant may demand a jury trial, handled as in rule 42(b) of the Federal Rules of Criminal Procedure. Lawsuits can be filed where the violation happened or where the defendant is found, lives, or does business; legal papers and subpoenas can be served in other districts.

Title 49, §32507

Transportation — Source: USLM XML via OLRC

(a)(1)A person that violates section 32506(a) of this title is liable to the United States Government for a civil penalty of not more than $1,000 for each violation. A separate violation occurs for each passenger motor vehicle or item of passenger motor vehicle equipment involved in a violation of section 32506(a)(1) or (4) of this title—

(A)that does not comply with a standard prescribed under section 32502 of this title; or

(B)for which a certificate is not provided, or for which a false or misleading certificate is provided, under section 32504 of this title.

(2)The maximum civil penalty under this subsection for a related series of violations is $800,000.

(3)The Secretary of Transportation imposes a civil penalty under this subsection. The Attorney General or the Secretary, with the concurrence of the Attorney General, shall bring a civil action in a United States district court to collect the penalty.

(b)A person knowingly and willfully violating section 32506(a)(1) of this title after receiving a notice of noncompliance from the Secretary shall be fined under title 18, imprisoned for not more than one year, or both. If the person is a corporation, the penalties of this subsection also apply to a director, officer, or individual agent of the corporation who, with knowledge of the Secretary’s notice, knowingly and willfully authorizes, orders, or performs an act that is any part of the violation.

(c)(1)The Secretary or the Attorney General may bring a civil action in a United States district court to enjoin a violation of this chapter or the sale, offer for sale, introduction or delivery for introduction in interstate commerce, or importation into the United States, of a passenger motor vehicle or passenger motor vehicle equipment that is found, before the first purchase in good faith other than for resale, not to comply with a standard prescribed under section 32502 of this title.

(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)except for a knowing and willful violation, 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.

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

(e)A civil action under subsection (a) or (c) of 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) 32507(a)15:1917(a).Oct. 20, 1972, Pub. L. 92–513, § 107, 86 Stat. 953. 32507(b)15:1917(b). 32507(c)15:1917(c)(1). 32507(d)15:1917(c)(2). 32507(e)15:1917(c)(3), (4). In subsection (a)(3), the words “by any of the Secretary’s attorneys designated by the Secretary for such purpose” are omitted as surplus. In subsection (b), the words “fined under title 18” are substituted for “fined not more than $50,000” for consistency with title 18. The words “If the person is a corporation, the penalties of this subsection also apply” are substituted for “If a corporation violates section 1916(a)(1) of this title after having received notice of noncompliance from the Secretary . . . shall be subject to penalties under this section in addition to the corporation”, the word “act” is substituted for “acts or practices”, and the words “any part of the violation” are substituted for “in whole or in part such violation”, to eliminate unnecessary words. In subsection (c)(1), the words “may bring a civil action” are substituted for “Upon petition . . . on behalf of the United States . . . have jurisdiction” 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 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 exemption from them. The word “enjoin” is substituted for “restrain” 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 “any act or transaction constituting” are omitted as surplus. The word “resides” is substituted for “is an inhabitant” for consistency and to eliminate unnecessary words.

§32507 Penalties and Enforcement

Summary

Title 49, §32507

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata