Federal · Title 49 — Transportation

49 U.S.C. § 33115: Civil penalties and enforcement

Civil

What this law says, in plain English

Federal law establishes civil penalties for motor vehicle standard violations: up to $1,000 per violation (max $250,000 for related series) under section 33114(a)(1)–(4), and up to $100,000 per day for section 33114(a)(5) violations. The Secretary of Transportation imposes penalties; the Attorney General enforces through civil court action.

Read the full statutory text
A person that violates section 33114(a)(1)–(4) of this title is liable to the United States Government for a civil penalty of not more than $1,000 for each violation. The failure of more than one part of a single motor vehicle to conform to an applicable standard under section 33102 or 33103 of this title is only a single violation. The maximum penalty under this subsection for a related series of violations is $250,000. The Secretary of Transportation imposes a civil penalty under this subsection. The Secretary may compromise the amount of a penalty. In determining the amount of a civil penalty or compromise under this subsection, the Secretary shall consider the size of the person’s business and the gravity of the violation. The Attorney General shall bring a civil action in a United States district court to collect a civil penalty imposed under this subsection. The Government may deduct the amount of a civil penalty imposed or compromised under this subsection from amounts it owes the person liable for the penalty. A person that violates section 33114(a)(5) of this title is liable to the Government for a civil penalty of not more than $100,000 a day for each violation. bring a civil action for a temporary or permanent injunction to restrain a person violating section 33114(a)(5) of this section; impose and recover the penalty described in paragraph (1) of this subsection; or take both the actions described in clauses (A) and (B) of this paragraph. 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 containing a major part, or of a major replacement part, that is subject to the standard and is determined before the sale of the vehicle or part to a first purchaser not to conform to the standard. shall notify a person against whom an action under this subsection is planned; shall give the person an opportunity to present that person’s views; and except for a knowing and willful violation, shall give the person a reasonable opportunity to comply. The failure of the Secretary to comply with subparagraph (A) of this paragraph does not prevent a court from granting appropriate relief. 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.). 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 resides, is found, or transacts 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.

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