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49 U.S.C. § 30170 — Criminal Penalties

submitted 26 years ago by Pub. L. 106-414 to r/title-49-TRANSPORTATION · 276 words · no verdicts yet

in plain englishAI-generated · not legal advice

Knowingly and intentionally misleading the Secretary of Transportation about a safety defect that caused death or serious injury is a crime, punishable by a fine and up to 15 years in prison. There's a safe harbor for people who didn't know their violation would cause harm and who fix it in time.

(a) Criminal liability for falsifying or withholding information. (1) General rule: A person who violates section 1001 of title 18 (the general false-statements law) with respect to the reporting requirements of section 30166, with the specific intent to mislead the Secretary about a motor vehicle or equipment safety defect that has caused death or serious bodily injury, as defined in section 1365(g)(3) of title 18, faces a fine under title 18, imprisonment for up to 15 years, or both. (2) Safe harbor to encourage reporting and for whistleblowers: (A) Correction: A person described in paragraph (1) is not subject to these criminal penalties if (1) at the time of the violation, the person did not know it would result in an accident causing death or serious bodily injury, and (2) the person corrects the improper report or failure to report within a reasonable time. (B) Reasonable time and sufficiency of correction: The Secretary must define, by regulation, what counts as a reasonable time and what correction is sufficient for subparagraph (A), issuing a final rule within 90 days of this section's enactment. (C) Effective date: Subsection (a) does not take effect until that final rule takes effect.

(b) Coordination with Department of Justice. The Attorney General may bring an action, or start grand jury proceedings, for a violation of subsection (a) only at the request of the Secretary of Transportation.

the actual law source: uscode.house.gov ↗public domain
(a)Criminal Liability for Falsifying or Withholding Information.—
(1)General rule.—

A person who violates section 1001 of title 18 with respect to the reporting requirements of section 30166, with the specific intention of misleading the Secretary with respect to motor vehicle or motor vehicle equipment safety related defects that have caused death or serious bodily injury to an individual (as defined in section 1365(g)(3) 1 of title 18), shall be subject to criminal penalties of a fine under title 18, or imprisoned for not more than 15 years, or both.

(2)Safe harbor to encourage reporting and for whistle blowers.—
(A)Correction.—

A person described in paragraph (1) shall not be subject to criminal penalties under this subsection if: (1) at the time of the violation, such person does not know that the violation would result in an accident causing death or serious bodily injury; and (2) the person corrects any improper reports or failure to report within a reasonable time.

(B)Reasonable time and sufficiency of correction.—

The Secretary shall establish by regulation what constitutes a reasonable time for the purposes of subparagraph (A) and what manner of correction is sufficient for purposes of subparagraph (A). The Secretary shall issue a final rule under this subparagraph within 90 days of the date of the enactment of this section.

(C)Effective date.—

Subsection (a) shall not take effect before the final rule under subparagraph (B) takes effect.

(b)Coordination with Department of Justice.—

The Attorney General may bring an action, or initiate grand jury proceedings, for a violation of subsection (a) only at the request of the Secretary of Transportation.

Source credit: (Added Pub. L. 106–414, § 5(b)(1), Nov. 1, 2000, 114 Stat. 1803.)

history & why it existsrecord from the source credit
  • 2000Enacted · Pub. L. 106-414 · 114 Stat. 1803

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-414 on 2000-11-01.

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