PRIA, Government Policy, Made Personal

Summary

Breaking the rule that bans selling or importing passenger cars or car parts that do not meet federal safety standards can lead to money penalties. A person can be fined up to $1,000 for each vehicle or piece of equipment involved, and each noncompliant item counts as a separate violation. The total penalty for a related series of violations cannot exceed $800,000. The Secretary of Transportation can impose these fines, and the Attorney General (or the Secretary with the Attorney General) can sue to collect them. If someone knowingly keeps violating the rule after getting a written notice from the Secretary, they can be criminally punished: fined under federal law, jailed for up to one year, or both. Company directors, officers, or agents who know about the notice and order or take part in the violation can be punished the same way. The Secretary or the Attorney General can go to court to stop sales or imports of vehicles or equipment found not to meet standards before their first bona fide sale (other than for resale). When possible, the Secretary will warn the person, let them explain, and, except for knowing and willful violations, give a reasonable chance to fix the problem. A person accused of criminal contempt for breaking a court order in these cases may demand a jury trial. Lawsuits can be filed where the violation happened or where the defendant is found, lives, or does business, and legal papers or witness subpoenas can be served where the person or witness is located.

Title 49, §32507

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(a)Civil Penalty.—

(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)Criminal Penalty.—

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)Civil Actions To Enforce.—

(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)Jury Trial Demand.— (e) Venue.—

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.).

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