49 USC 32308 - General prohibitions, civil penalty, and enforcement

U.S Code last checked for updates: Nov 22, 2024

§ 32308.

General prohibitions, civil penalty, and enforcement

(a)

Prohibitions.—

A person may not—

(1)

fail to provide the Secretary of Transportation with information requested by the Secretary in carrying out this chapter; or

(2)

fail to comply with applicable regulations prescribed by the Secretary in carrying out this chapter.

(b)

Civil Penalty.—

(1)

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.

(2)

The Secretary may compromise the amount of a civil penalty imposed under this section.

(3)

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.

(4)

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)

Section 32304A.—

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.

(d)

Civil Actions To Enforce.—

(1)

The Attorney General may bring a civil action in a United States district court to enjoin a violation of subsection (a) of this section.

(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)

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.

(e)

Venue and Service.—

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.

(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.)

cite as: 49 USC 32308