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49 U.S.C. § 32507Penalties and enforcement

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 536 words · no verdicts yet

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Breaking the bumper-standard rules brings a civil fine of up to $1,000 per vehicle. A related series of violations is capped at $800,000 total. Willfully violating the rules after a warning can also mean prison time.

(a) Civil penalty. (1) Anyone who violates section 32506(a) owes the U.S. government a civil penalty of up to $1,000 per violation. Each vehicle or piece of equipment involved in a violation of section 32506(a)(1) or (4) — meaning it doesn't meet the standard, or its certificate is missing, false, or misleading — counts as its own separate violation. (2) The total penalty for a related series of violations cannot exceed $800,000. (3) The Secretary of Transportation sets the civil penalty. The Attorney General, or the Secretary with the Attorney General's agreement, must sue in U.S. district court to collect it. (b) Criminal penalty. Anyone who knowingly and willfully violates section 32506(a)(1) after the Secretary has warned them of noncompliance can be fined under title 18 and imprisoned for up to one year, or both. If the violator is a corporation, the same penalties apply to any director, officer, or agent who — knowing about the Secretary's notice — knowingly and willfully authorizes, orders, or carries out any part of the violation. (c) Civil actions to enforce. (1) The Secretary or the Attorney General may sue in U.S. district court to stop a violation of this chapter, or to stop the sale, shipment, or import of a vehicle or equipment found — before its first good-faith purchase for reasons other than resale — not to meet a standard under section 32502. (2) Whenever practical, before suing, the Secretary should (A) notify the person the government plans to sue, (B) let them present their views, and (C) — except for a knowing and willful violation — give them a fair chance to comply. (3) But if the Secretary skips these steps, a court can still grant relief anyway. (d) Jury trial demand. If someone is tried for criminal contempt of an injunction issued under subsection (c), and that violation also breaks this chapter, the defendant can demand a jury trial. The trial follows Rule 42(b) of the Federal Rules of Criminal Procedure. (e) Venue. A lawsuit under subsection (a) or (c) can be filed where the violation happened or where the defendant is found, lives, or does business. Court papers and any witness subpoena can be served in any judicial district.
the actual law source: uscode.house.gov ↗public domain
(a)Civil Penalty.—
(1)

A person that violates section 32506(a) of this title is liable to the United States Government for a civil penalty of not more than $1,000 for each violation. A separate violation occurs for each passenger motor vehicle or item of passenger motor vehicle equipment involved in a violation of section 32506(a)(1) or (4) of this title—

(A)

that does not comply with a standard prescribed under section 32502 of this title; or

(B)

for which a certificate is not provided, or for which a false or misleading certificate is provided, under section 32504 of this title.

(2)

The maximum civil penalty under this subsection for a related series of violations is $800,000.

(3)

The Secretary of Transportation imposes a civil penalty under this subsection. The Attorney General or the Secretary, with the concurrence of the Attorney General, shall bring a civil action in a United States district court to collect the penalty.

(b)Criminal Penalty.—

A person knowingly and willfully violating section 32506(a)(1) of this title after receiving a notice of noncompliance from the Secretary shall be fined under title 18, imprisoned for not more than one year, or both. If the person is a corporation, the penalties of this subsection also apply to a director, officer, or individual agent of the corporation who, with knowledge of the Secretary’s notice, knowingly and willfully authorizes, orders, or performs an act that is any part of the violation.

(c)Civil Actions To Enforce.—
(1)

The Secretary or 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 or passenger motor vehicle equipment that is found, before the first purchase in good faith other than for resale, not to comply with a standard prescribed under section 32502 of this title.

(2)

When practicable, the Secretary shall—

(A)

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

(B)

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

(C)

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

(3)

The failure of the Secretary to comply with paragraph (2) of this subsection 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 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. 1046.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1046

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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