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

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 579 words · no verdicts yet

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The government can fine most violators up to $1,000 each, capped at $250,000 total. Chop shop violations cost up to $100,000 a day, and courts can order the activity stopped. The Attorney General can also sue in federal court to enforce the law and collect penalties.

(a) General Penalty and Civil Actions To Collect. If you violate section 33114(a)(1) through (4) — the rules about selling non-conforming vehicles or parts, ignoring regulations, skipping recordkeeping, or filing bad certifications — you owe the government a civil penalty of up to $1,000 for each violation. If several parts on one vehicle fail to conform, that only counts as one violation. The most you can be fined for a related string of violations is $250,000. The Secretary of Transportation decides the penalty and can reduce ("compromise") it, and must weigh the size of your business and how serious the violation was. The Attorney General must sue you in federal district court to actually collect the penalty. The government can also subtract what you owe from any money it already owes you. (b) Chop Shop Penalty and Enforcement. If you violate section 33114(a)(5) — the chop shop rules — you owe up to $100,000 a day for each violation. Working with the Attorney General, the Secretary must either sue for a court order stopping you (a temporary or permanent injunction), collect the penalty described above, or do both. (c) Civil Actions To Enforce. The Attorney General may sue in federal district court to stop a violation of this chapter, or to stop the sale, delivery, or import of a vehicle or part that a review found does not conform to the standard, as long as that review happened before the vehicle or part was sold to its first buyer. Whenever practical, before suing the Secretary must notify the person involved, let them explain their side, and — unless the violation was intentional — give them a fair chance to fix the problem first. But if the Secretary skips these steps, a court can still grant relief. (d) Jury Trial Demand. If someone is tried for criminal contempt for violating a court order issued under (c), and that violation is also a violation of this chapter, they can demand a jury trial. The trial follows Rule 42(b) of the Federal Rules of Criminal Procedure. (e) Venue. A lawsuit under (a) or (c) can be filed where the violation happened, or where the defendant lives, is found, or does business. Legal papers can be served in any other district where the defendant lives or is found. A subpoena for a witness can be served anywhere in the country.
the actual law source: uscode.house.gov ↗public domain
(a)General Penalty and Civil Actions To Collect.—
(1)

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.

(2)

The Secretary of Transportation imposes a civil penalty under this subsection. The Secretary may compromise the amount of a penalty.

(3)

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.

(4)

The Attorney General shall bring a civil action in a United States district court to collect a civil penalty imposed under this subsection.

(5)

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.

(b)Chop Shop Penalty and Enforcement.—
(1)

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.

(2)

As appropriate and in consultation with the Attorney General, the Secretary shall—

(A)

bring a civil action for a temporary or permanent injunction to restrain a person violating section 33114(a)(5) of this section;

(B)

impose and recover the penalty described in paragraph (1) of this subsection; or

(C)

take both the actions described in clauses (A) and (B) of this paragraph.

(c)Civil Actions To Enforce.—
(1)

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.

(2)
(A)

When practicable, the Secretary—

(i)

shall notify a person against whom an action under this subsection is planned;

(ii)

shall give the person an opportunity to present that person’s views; and

(iii)

except for a knowing and willful violation, shall give the person a reasonable opportunity to comply.

(B)

The failure of the Secretary to comply with subparagraph (A) of this paragraph does not prevent a court from granting appropriate relief.

(d)Jury Trial Demand.—

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.).

(e)Venue.—

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.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1091.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1091

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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