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49 U.S.C. § 16101General civil penalties

submitted 31 years ago by Pub. L. 104-88 to r/title-49-TRANSPORTATION · 305 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law sets civil fines for pipeline carriers who knowingly break pipeline transportation rules or Board orders. The base fine is up to $5,000 per violation, and each day of violation counts separately. Smaller fines apply to specific recordkeeping, inspection, and reporting failures.

(a) General. Except where this section says otherwise, a pipeline carrier providing transportation covered by this part — or an officer or agent of that carrier, or a receiver, trustee, lessee, or agent standing in for one of them — who knowingly violates this part or a Board order under it owes the United States a civil penalty of up to $5,000 for each violation. Each separate violation counts on its own, and a violation that continues counts as a new violation every day it continues. (b) Recordkeeping and reporting. (1) Records: Anyone required by chapter 157 to make, prepare, keep, or submit a record to the Board about transportation covered by this part, who fails to do so, owes a civil penalty of $500 per violation. (2) Inspection: A carrier covered by this part, or a lessor, receiver, or trustee of that carrier, who violates the inspection rule in section 15722 owes a civil penalty of $100 per violation. (3) Reports: A carrier under the Board's jurisdiction, or a lessor, receiver, trustee, officer, agent, or employee of one, who is required to file a report or answer a question but fails to do so, or fails to answer specifically, completely, and truthfully, owes a civil penalty of $100 per violation. (4) Continued violation: Each day a violation under this subsection continues counts as a separate violation. (c) Venue. A civil lawsuit under this section must be filed in the federal judicial district where the carrier has its main operating office.
the actual law source: uscode.house.gov ↗public domain
(a)General.—

Except as otherwise provided in this section, a pipeline carrier providing transportation subject to this part, an officer or agent of that carrier, or a receiver, trustee, lessee, or agent of one of them, knowingly violating this part or an order of the Board under this part is liable to the United States for a civil penalty of not more than $5,000 for each violation. Liability under this subsection is incurred for each distinct violation. A separate violation occurs for each day the violation continues.

(b)Recordkeeping and Reporting.—
(1)Records.—

A person required under chapter 157 to make, prepare, preserve, or submit to the Board a record concerning transportation subject to this part that does not make, prepare, preserve, or submit that record as required under that chapter, is liable to the United States for a civil penalty of $500 for each violation.

(2)Inspection.—

A carrier providing transportation subject to this part, and a lessor, receiver, or trustee of that carrier, violating section 15722, is liable to the United States for a civil penalty of $100 for each violation.

(3)Reports.—

A carrier providing transportation subject to the jurisdiction of the Board under this part, a lessor, receiver, or trustee of that carrier, and an officer, agent, or employee of one of them, required to make a report to the Board or answer a question that does not make the report or does not specifically, completely, and truthfully answer the question, is liable to the United States for a civil penalty of $100 for each violation.

(4)Continued violation.—

A separate violation occurs for each day violation under this subsection continues.

(c)Venue.—

Trial in a civil action under this section is in the judicial district in which the carrier has its principal operating office.

Source credit: (Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 930; amended Pub. L. 105–102, § 2(16), Nov. 20, 1997, 111 Stat. 2205.)

history & why it existsrecord from the source credit
  • 1995Enacted · Pub. L. 104-88 · 109 Stat. 930
  • 1997Amended · Pub. L. 105-102 · 111 Stat. 2205

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-88 on 1995-12-29.

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