49 U.S.C. § 21301 — Chapter 201 general violations

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 435 words · no verdicts yet

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A person who breaks section 20160 or a Transportation Secretary rule under chapter 201 must pay a civil penalty of $500 to $25,000 per day the violation lasts. If gross negligence or repeated violations caused death, injury, or an imminent danger of them, the penalty can go up to $100,000. The Secretary must give written notice and a hearing before imposing a penalty, and can settle penalties by agreement.

(a) Penalty: (1) A person can't fail to follow section 20160 or a chapter 201 regulation or order. Subject to section 21304's rules, anyone who violates section 20160 or a chapter 201 regulation or order owes the government a civil penalty. The Secretary must impose the penalty set by paragraph (2). Each day the violation continues counts as a separate violation. (2) The Secretary must build a civil penalty into every chapter 201 regulation and order, and must impose a penalty for violating section 20160. The penalty must be at least $500 and no more than $25,000. But if a grossly negligent violation, or a pattern of repeat violations, caused an imminent risk of death or injury -- or actually caused death or injury -- the penalty can go up to $100,000. (3) The Secretary can only find someone violated this chapter, or a related regulation, order, permit, or approval, after giving notice and a chance for a hearing. The Secretary imposes a penalty by sending written notice of the amount. The Secretary can settle the penalty amount by agreement instead of issuing a formal order. When deciding a settlement amount, the Secretary must weigh: (A) the nature, circumstances, extent, and seriousness of the violation; (B) the violator's degree of fault, history of violations, ability to pay, and whether the penalty would affect the ability to stay in business; and (C) anything else that fairness requires. (4) The Attorney General can sue in federal district court to collect an imposed or settled civil penalty, plus any interest owed. In that lawsuit, the amount and fairness of the penalty can't be challenged. (b) Setoff: The government can subtract the penalty amount from money it already owes the person who has to pay it. (c) Deposit in Treasury: Any penalty collected under this section, or under section 20113(b), goes into the Treasury as miscellaneous receipts.

the actual law source: uscode.house.gov ↗public domain

(a)Penalty.—

(1)

A person may not fail to comply with section 20160 or with a regulation prescribed or order issued by the Secretary of Transportation under chapter 201 of this title. Subject to section 21304 of this title, a person violating section 20160 of this title or a regulation prescribed or order issued by the Secretary under chapter 201 is liable to the United States Government for a civil penalty. The Secretary shall impose the penalty applicable under paragraph (2) of this subsection. A separate violation occurs for each day the violation continues.

(2)

The Secretary shall include in, or make applicable to, each regulation prescribed and order issued under chapter 201 of this title a civil penalty for a violation. The Secretary shall impose a civil penalty for a violation of section 20160 of this title. The amount of the penalty shall be at least $500 but not more than $25,000. However, when a grossly negligent violation or a pattern of repeated violations has caused an imminent hazard of death or injury to individuals, or has caused death or injury, the amount may be not more than $100,000.

(3)

The Secretary may find that a person has violated this chapter or a regulation prescribed or order, special permit, or approval issued under this chapter only after notice and an opportunity for a hearing. The Secretary shall impose a penalty under this section by giving the person written notice of the amount of the penalty. The Secretary may compromise the amount of a civil penalty by settlement agreement without issuance of an order. In determining the amount of a compromise, the Secretary shall consider—

(A)

the nature, circumstances, extent, and gravity of the violation;

(B)

with respect to the violator, the degree of culpability, any history of violations, the ability to pay, and any effect on the ability to continue to do business; and

(C)

other matters that justice requires.

(4)

The Attorney General may bring a civil action in an appropriate district court of the United States to collect a civil penalty imposed or compromise under this section and any accrued interest on the civil penalty. In the civil action, the amount and appropriateness of the civil penalty shall not be subject to review.

(b)Setoff.—

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)Deposit in Treasury.—

A civil penalty collected under this section or section 20113(b) of this title shall be deposited in the Treasury as miscellaneous receipts.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 891; Pub. L. 104–287, § 5(53), Oct. 11, 1996, 110 Stat. 3393; Pub. L. 110–432, div. A, title II, § 204(d), title III, § 302(a), Oct. 16, 2008, 122 Stat. 4871, 4878; Pub. L. 117–58, div. B, title II, § 22418, Nov. 15, 2021, 135 Stat. 749.)

history & why it existsrecord from the source credit

1994Enacted · Pub. L. 103-272 · 108 Stat. 891
1996Amended · Pub. L. 104-287 · 110 Stat. 3393
2008Amended · Pub. L. 110-432 · 122 Stat. 4871, 4878
2021Amended · Pub. L. 117-58 · 135 Stat. 749

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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