49 U.S.C. § 32709 — Penalties and enforcement

(a) Civil penalty. (1) Anyone who violates this chapter, or a regulation or order under it, owes the U.S. government a civil penalty of up to $10,000 for each violation. Each vehicle or device involved counts as a separate violation. The total penalty for a related series of violations cannot exceed $1,000,000. (2) The Secretary of Transportation sets the civil penalty, and the Attorney General sues to collect it. Before sending a penalty claim to the Attorney General, the Secretary may agree to a lower, compromise amount — but first must let the accused person try to show the violation never happened. (3) In setting the penalty, the Secretary must weigh (A) the nature, circumstances, extent, and seriousness of the violation; (B) the violator's degree of fault, any history of past violations, their ability to pay, and how the penalty would affect their ability to keep doing business; and (C) whatever else justice requires. (b) Criminal penalty. Anyone who knowingly and willfully violates this chapter, or a regulation or order under it, can be fined under title 18 and imprisoned for up to 3 years, or both. If the violator is a corporation, the same penalties apply to any director, officer, or agent who knowingly and willfully authorizes, orders, or carries out the violation — regardless of any penalty imposed on the corporation itself. (c) Civil actions by Attorney General. The Attorney General may sue to stop a violation of this chapter or its regulations and orders. The suit can be filed where the violation happened or where the defendant is found, lives, or does business. Court papers and any witness subpoena can be served in any judicial district. (d) Civil actions by States. (1) When someone violates this chapter or its regulations and orders, the chief law enforcement officer of the state where it happened may sue (A) to stop the violation, or (B) to recover, on behalf of each affected person, the damages available under section 32710. (2) This suit can be filed in an appropriate U.S. district court or a competent state court, and must be filed within 2 years after the claim arises.