49 U.S.C. § 32913 — Compromising and remitting civil penalties

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 372 words · no verdicts yet

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The Secretary of Transportation can reduce or cancel some civil penalties. This can happen to prevent bankruptcy, or after an act of God, a strike, or a fire. The FTC can also certify that a reduction protects competition.

(a) General Authority and Limitations — The Secretary of Transportation may compromise or remit a civil penalty imposed under section 32912(a) or (b). But a penalty imposed under 32912(b) can only be reduced or canceled to the extent: (1) needed to prevent the manufacturer's insolvency or bankruptcy; (2) the manufacturer shows the violation was caused by an act of God, a strike, or a fire; or (3) the FTC certifies, under subsection (b)(1), that a reduction is needed to prevent substantially lessening competition. (b) Certification by Commission — (1) A manufacturer owing a penalty under 32912(b) may apply to the FTC for a certification that reducing the penalty is necessary to prevent substantially lessening competition in the relevant part of the motor vehicle industry. The FTC must certify this when it finds reduction necessary, and must state the maximum amount by which the penalty may be cut. (2) The application must be filed within 30 days after the Secretary decides the manufacturer violated section 32911(b). The FTC must decide, as much as practical, by the 90th day after the application is filed. This process cannot delay the manufacturer's liability for the penalty more than 90 days after filing. (3) If a civil penalty is collected in a court case before the FTC's decision is final, the payment goes to the court, which deposits it in the Treasury on the 90th day after the FTC's decision becomes final. If the court is holding a penalty payment reduced under subsection (a)(3), the Secretary must direct the court to send the appropriate refund back to the manufacturer.

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

(a)General Authority and Limitations.—

The Secretary of Transportation may compromise or remit the amount of a civil penalty imposed under section 32912(a) or (b) of this title. However, the amount of a penalty imposed under section 32912(b) may be compromised or remitted only to the extent—

(1)

necessary to prevent the insolvency or bankruptcy of the manufacturer of automobiles;

(2)

the manufacturer shows that the violation was caused by an act of God, a strike, or a fire; or

(3)

the Federal Trade Commission certifies under subsection (b)(1) of this section that a reduction in the penalty is necessary to prevent a substantial lessening of competition.

(b)Certification by Commission.—

(1)

A manufacturer liable for a civil penalty under section 32912(b) of this title may apply to the Commission for a certification that a reduction in the penalty is necessary to prevent a substantial lessening of competition in the segment of the motor vehicle industry subject to the standard that was violated. The Commission shall make the certification when it finds that reduction is necessary to prevent the lessening. The Commission shall state in the certification the maximum amount by which the penalty may be reduced.

(2)

An application under this subsection must be made not later than 30 days after the Secretary decides that the manufacturer has violated section 32911(b) of this title. To the maximum extent practicable, the Commission shall make a decision on an application by the 90th day after the application is filed. A proceeding under this subsection may not delay the manufacturer’s liability for the penalty for more than 90 days after the application is filed.

(3)

When a civil penalty is collected in a civil action under this chapter before a decision of the Commission under this subsection is final, the payment shall be paid to the court in which the action was brought. The court shall deposit the payment in the general fund of the Treasury on the 90th day after the decision of the Commission becomes final. When the court is holding payment of a penalty reduced under subsection (a)(3) of this section, the Secretary shall direct the court to remit the appropriate amount of the penalty to the manufacturer.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1073; Pub. L. 103–429, § 6(41), Oct. 31, 1994, 108 Stat. 4382; Pub. L. 104–287, § 6(d)(1)(A), Oct. 11, 1996, 110 Stat. 3399.)

history & why it existsrecord from the source credit

1994Enacted · Pub. L. 103-272 · 108 Stat. 1073
1994Amended · Pub. L. 103-429 · 108 Stat. 4382
1996Amended · Pub. L. 104-287 · 110 Stat. 3399

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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