49 U.S.C. § 30165

Section 30165 · Civil penalty

Current version, with additions and removals from the July 6, 2012 version.

Current — December 4, 2015

As of July 6, 2012

(a) Civil Penalties.—

(1) In general.—A person that violates any of section 30112, 30115, 30117 through 30122, ~~30123(d),1~~ 30125(c), 30127, 30141 through 30147, or 31137, or a regulation prescribed thereunder, is liable to the United States Government for a civil penalty of not more than ~~$5,000~~ for each violation. A separate violation occurs for each motor vehicle or item of motor vehicle equipment and for each failure or refusal to allow or perform an act required by any of those sections. The maximum penalty under this subsection for a related series of violations is ~~$15,000,000.~~

(1) In general.—A person that violates any of section 30112, 30115, 30117 through 30122, 30123(a), 30125(c), 30127, 30141 through 30147, or 31137, or a regulation prescribed thereunder, is liable to the United States Government for a civil penalty of not more than $21,000 for each violation. A separate violation occurs for each motor vehicle or item of motor vehicle equipment and for each failure or refusal to allow or perform an act required by any of those sections. The maximum penalty under this subsection for a related series of violations is $105,000,000.

(2) School buses.—

(A) In general.—Notwithstanding paragraph (1), the maximum amount of a civil penalty under this paragraph shall be $10,000 in the case of—

(i) the manufacture, sale, offer for sale, introduction or delivery for introduction into interstate commerce, or importation of a school bus or school bus equipment (as those terms are defined in section 30125(a) of this title) in violation of section 30112(a)(1) of this title; or

(ii) a violation of section 30112(a)(2) of this title.

(B) Related series of violations.—A separate violation occurs for each motor vehicle or item of motor vehicle equipment and for each failure or refusal to allow or perform an act required by that section. The maximum penalty under this paragraph for a related series of violations is $15,000,000.

(3) Section 30166.—Except as provided in paragraph (4), a person who violates section 30166 or a regulation prescribed under that section is liable to the United States Government for a civil penalty for failing or refusing to allow or perform an act required under that section or regulation. The maximum penalty under this paragraph is ~~$5,000~~ per violation per day. The maximum penalty under this paragraph for a related series of daily violations is ~~$15,000,000.~~

(3) Section 30166.—Except as provided in paragraph (4), a person who violates section 30166 or a regulation prescribed under that section is liable to the United States Government for a civil penalty for failing or refusing to allow or perform an act required under that section or regulation. The maximum penalty under this paragraph is $21,000 per violation per day. The maximum penalty under this paragraph for a related series of daily violations is $105,000,000.

(4) False or misleading reports.—A person who knowingly and willfully submits materially false or misleading information to the Secretary, after certifying the same information as accurate under the certification process established pursuant to section 30166(o), shall be subject to a civil penalty of not more than $5,000 per day. The maximum penalty under this paragraph for a related series of daily violations is $1,000,000.

(b) Compromise and Setoff.—(1) The Secretary of Transportation may compromise the amount of a civil penalty imposed under this section.

(2) 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.

(c) Considerations.—In determining the amount of a civil 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.

(c) Relevant Factors in Determining Amount of Penalty or Compromise.—In determining the amount of a civil penalty or compromise under this section, the Secretary of Transportation shall consider the nature, circumstances, extent, and gravity of the violation. Such determination shall include, as appropriate—

(1) the nature of the defect or noncompliance;

(2) knowledge by the person charged of its obligations under this chapter;

(3) the severity of the risk of injury;

(4) the occurrence or absence of injury;

(5) the number of motor vehicles or items of motor vehicle equipment distributed with the defect or noncompliance;

(6) actions taken by the person charged to identify, investigate, or mitigate the condition;

(7) the appropriateness of such penalty in relation to the size of the business of the person charged, including the potential for undue adverse economic impacts;

(8) whether the person has been assessed civil penalties under this section during the most recent 5 years; and

(9) other appropriate factors.

(d) Subpenas for Witnesses.—In a civil action brought under this section, a subpena for a witness may be served in any judicial district.

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Versions

Dec 4, 2015 – presentcurrentviewing
Annual edition
Subsec. (a)(1). Pub. L. 114–94, § 24110(a)(1), substituted “$21,000” for “$5,000” and “$105,000,000” for “$35,000,000”.
▸ what changed
Source credit
Pub. L. 114–94, div. B, title XXIV, § 24110(a), Dec. 4, 2015, 129 Stat. 1709.
Jul 6, 2012 – Dec 4, 2015
Annual edition
Subsec. (a)(1). Pub. L. 112–141, § 32301(c), substituted “30141 through 30147, or 31137” for “or 30141 through 30147”.
▸ what changed changes vs current →
Source credit
Pub. L. 112–141, div. C, title I, §§ 31203(a), 31304(b), title II, § 32301(c), July 6, 2012, 126 Stat. 758, 764, 788
Aug 10, 2005 – Jul 6, 2012
Annual edition
Subsec. (a)(2), (3). Pub. L. 109–59, which directed amendment of section 30165(a), without specifying the title to be amended, by adding par. (2) and redesignating former par. (2) as (3), was executed to this section, to reflect the probable intent of Congress.
▸ what changed changes vs current →
Source credit
Pub. L. 109–59, title X, § 10309(c), Aug. 10, 2005, 119 Stat. 1942
Nov 1, 2000 – Aug 10, 2005
Annual edition
Subsec. (a). Pub. L. 106–414 amended heading and text generally. Prior to amendment, text read as follows: “A person that violates any of sections 30112, 30115, 30117–30122, 30123(d), 30125(c), 30127, 30141–30147, or 30166 of this title or a regulation prescribed under any of those sections 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 motor vehicle or item of motor vehicle equipment and for each failure or refusal to allow or perform an act required by any of those sections. The maximum penalty under this subsection for a related series of violations is $800,000.”
▸ what changed changes vs current →
Source credit
Pub. L. 106–414, § 5(a), Nov. 1, 2000, 114 Stat. 1803
Oct 31, 1994 – Nov 1, 2000
Annual edition
Subsec. (a). Pub. L. 103–429 substituted “any of sections 30112” for “section 30112” and inserted “any of” before “those sections” in two places.
changes vs current →
Source credit
Pub. L. 103–429, § 6(23), Oct. 31, 1994, 108 Stat. 4380
Jul 5, 1994 – Oct 31, 1994
Enacted · full text not held
Subsec. (a). Pub. L. 103–429 substituted “any of sections 30112” for “section 30112” and inserted “any of” before “those sections” in two places.
Source credit
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 968

See all changes since 1994 → current

Every enactment and amendment in this section's credit is listed. Full text is shown for versions back to 1994; earlier amendments are recorded by date and act, without pre-1994 full text.

Practice areas using this title

Aviation Accident Litigation Helicopter Crash Law Mass Transit Accident Litigation Transportation Law Truck Accident Litigation

Part of

Interstate Commerce Act of 1887 (ICA)
First federal regulatory statute. Created the Interstate Commerce Commission to regulate railroads. Commission was abolished in 1995; jurisdiction transferred to the Surface Transportation Board.
49 U.S.C. (substantially superseded by ICC Termination Act of 1995)