49 USC 32507 - Penalties and enforcement

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

§ 32507.

Penalties and enforcement

(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.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1046.)

cite as: 49 USC 32507