Federal · Title 49 — Transportation

49 U.S.C. § 30165: Civil penalty

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A person that violates any of section 30112, 30115, 30117 through 30122, 30123(a), 30125(c), 30127, 30141 through 30147, or 31137, or a regulation prescribed thereunder, is liable to the United States Government for a civil penalty of not more than $21,000 for each violation. A separate violation occurs for each motor vehicle or item of motor vehicle equipment and for each failure or refusal to allow or perform an act required by any of those sections. The maximum penalty under this subsection for a related series of violations is $105,000,000. the manufacture, sale, offer for sale, introduction or delivery for introduction into interstate commerce, or importation of a school bus or school bus equipment (as those terms are defined in section 30125(a) of this title ) in violation of section 30112(a)(1) of this title ; or a violation of section 30112(a)(2) of this title . A separate violation occurs for each motor vehicle or item of motor vehicle equipment and for each failure or refusal to allow or perform an act required by that section. The maximum penalty under this paragraph for a related series of violations is $15,000,000. Except as provided in paragraph (4), a person who violates section 30166 or a regulation prescribed under that section is liable to the United States Government for a civil penalty for failing or refusing to allow or perform an act required under that section or regulation. The maximum penalty under this paragraph is $21,000 per violation per day. The maximum penalty under this paragraph for a related series of daily violations is $105,000,000. A person who knowingly and willfully submits materially false or misleading information to the Secretary, after certifying the same information as accurate under the certification process established pursuant to section 30166( o ), shall be subject to a civil penalty of not more than $5,000 per day. The maximum penalty under this paragraph for a related series of daily violations is $1,000,000. The Secretary of Transportation may compromise the amount of a civil penalty imposed under this section. 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. the nature of the defect or noncompliance; knowledge by the person charged of its obligations under this chapter; the severity of the risk of injury; the occurrence or absence of injury; the number of motor vehicles or items of motor vehicle equipment distributed with the defect or noncompliance; actions taken by the person charged to identify, investigate, or mitigate the condition; the appropriateness of such penalty in relation to the size of the business of the person charged, including the potential for undue adverse economic impacts; whether the person has been assessed civil penalties under this section during the most recent 5 years; and other appropriate factors. In a civil action brought under this section, a subpena for a witness may be served in any judicial district. The amendments made by subsection (a) of this section [amending this section] take effect on the date that the Secretary certifies to Congress that the National Highway Traffic Safety Administration has issued the final rule required by section 31203(b) of the Moving Ahead for Progress In the 21st Century Act ( Public Law 112–141 ; 126 Stat. 758 ; 49 U.S.C. 30165 note) [ Mar. 17, 2016 ]. The Secretary shall publish notice of the effective date under subsection (b) of this section in the Federal Register [81 F.R. 15413].”

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