49 U.S.C. § 32308 — General prohibitions, civil penalty, and enforcement
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 387 words · no verdicts yet
A person cannot refuse to give the Secretary requested information or ignore the Secretary's regulations. Violators can face civil fines up to $1,000 per violation, capped at $400,000 for a related series. Failing the separate tire-information program in section 32304A can bring a fine up to $50,000 per violation.
(a) Prohibitions. A person may not (1) refuse to give the Secretary of Transportation information the Secretary requested to carry out this chapter, or (2) fail to follow regulations the Secretary issued to carry out this chapter.
(b) Civil penalty. (1) Anyone who breaks subsection (a) owes the U.S. government a civil penalty of up to $1,000 for each violation. Each time someone withholds information or breaks a regulation counts as a separate violation. But the total penalty for one related series of violations cannot exceed $400,000. (2) The Secretary may agree to a lower, compromise penalty amount. (3) In setting or compromising the penalty, the Secretary must weigh the size of the violator's business and how serious the violation was. (4) The government may subtract the penalty from any money it already owes that person.
(c) Section 32304A. Anyone who fails to comply with the national tire fuel-efficiency information program under section 32304A owes the government a civil penalty of up to $50,000 for each violation.
(d) Civil actions to enforce. (1) The Attorney General may sue in U.S. district court to stop (enjoin) a violation of subsection (a). (2) Whenever practical, before suing, the Secretary should (A) notify the person the government plans to sue, (B) let that person explain their side, and (C) give them a fair chance to come into compliance. (3) But if the Secretary skips these steps, a court can still grant relief anyway.
(e) Venue and service. A lawsuit under this section can be filed where the violation happened or where the defendant is found, lives, or does business. Court papers for the case, and any witness subpoena, can be served in any judicial district.
A person may not—
fail to provide the Secretary of Transportation with information requested by the Secretary in carrying out this chapter; or
fail to comply with applicable regulations prescribed by the Secretary in carrying out this chapter.
A person that violates subsection (a) of this section is liable to the United States Government for a civil penalty of not more than $1,000 for each violation. Each failure to provide information or comply with a regulation in violation of subsection (a) is a separate violation. The maximum penalty under this subsection for a related series of violations is $400,000.
The Secretary may compromise the amount of a civil penalty imposed under this section.
In determining the amount of a penalty or compromise, the appropriateness of the penalty or compromise to the size of the business of the person charged and the gravity of the violation shall be considered.
The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the person liable for the penalty.
Any person who fails to comply with the national tire fuel efficiency information program under section 32304A is liable to the United States Government for a civil penalty of not more than $50,000 for each violation.
The Attorney General may bring a civil action in a United States district court to enjoin a violation of subsection (a) of this section.
When practicable, the Secretary shall—
notify a person against whom an action under this subsection is planned;
give the person an opportunity to present that person’s views; and
give the person a reasonable opportunity to comply.
The failure of the Secretary to comply with paragraph (2) of this subsection does not prevent a court from granting appropriate relief.
A civil action under this section may be brought in the judicial district in which the violation occurred or the defendant is found, resides, or does 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. 1041; Pub. L. 110–140, title I, § 111(b), Dec. 19, 2007, 121 Stat. 1507.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1041
- 2007Amended · Pub. L. 110-140 · 121 Stat. 1507
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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