49 U.S.C. § 70115

Section 70115 · Enforcement and penalty

Current version, with additions and removals from the July 5, 1994 version.

Current — December 23, 2004

As of July 5, 1994

(a) Prohibitions.—A person may not violate this chapter, a regulation prescribed under this chapter, or any term of a license issued or transferred under this chapter.

(b) General Authority.—(1) In carrying out this chapter, the Secretary of Transportation may—

(A) conduct investigations and inquiries;

(B) administer oaths;

(D) under lawful process—

(i) enter at a reasonable time a launch site, production facility, assembly site of a launch vehicle, or site at which a payload is integrated with a launch vehicle to inspect an object to which this chapter applies or a record or report the Secretary requires be made or kept under this chapter; and

(i) enter at a reasonable time a launch site, reentry site, production facility, assembly site of a launch vehicle or reentry vehicle, crew or space flight participant training site, or site at which a payload is integrated with a launch vehicle or reentry vehicle to inspect an object to which this chapter applies or a record or report the Secretary requires be made or kept under this chapter; and

(ii) seize the object, record, or report when there is probable cause to believe the object, record, or report was used, is being used, or likely will be used in violation of this chapter.

(2) The Secretary may delegate a duty or power under this chapter related to enforcement to an officer or employee of another executive agency with the consent of the head of the agency.

(c) Civil Penalty.—(1) After notice and an opportunity for a hearing on the record, a person the Secretary finds to have violated subsection (a) of this section is liable to the United States Government for a civil penalty of not more than $100,000. A separate violation occurs for each day the violation continues.

(2) In conducting a hearing under paragraph (1) of this subsection, the Secretary may—

(A) subpena witnesses and records; and

(B) enforce a subpena in an appropriate district court of the United States.

(3) The Secretary shall impose the civil penalty by written notice. The Secretary may compromise or remit a penalty imposed, or that may be imposed, under this section.

(4) The Secretary shall recover a civil penalty not paid after the penalty is final or after a court enters a final judgment for the Secretary.

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Versions

Dec 23, 2004 – presentcurrentviewing
Annual edition
Subsec. (b)(1)(D)(i). Pub. L. 108–492 inserted “crew or space flight participant training site,” after “site of a launch vehicle or reentry vehicle,”.
▸ what changed
Source credit
Pub. L. 108–492, §2(c)(24), Dec. 23, 2004, 118 Stat. 3981.
Oct 28, 1998 – Dec 23, 2004
Annual edition
Subsec. (b)(1)(D)(i). Pub. L. 105–303 inserted “reentry site,” after “launch site,” and inserted “or reentry vehicle” after “launch vehicle” in two places.
▸ what changed changes vs current →
Source credit
Pub. L. 105–303, title I, §102(a)(14), Oct. 28, 1998, 112 Stat. 2850
Jul 5, 1994 – Oct 28, 1998
Annual edition
changes vs current →
Source credit
Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1341

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)