§11914. General criminal penalty when specific penalty not provided

(a) When another criminal penalty is not provided under this chapter, a common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title, and when that carrier is a corporation, a director or officer of the corporation, or a receiver, trustee, lessee, or person acting for or employed by the corporation that, alone or with another person, willfully violates this subtitle or an order prescribed under this subtitle, shall be fined not more than $5,000. However, if the violation is for discrimination in rates charged for transportation, the person may be imprisoned for not more than 2 years in addition to being fined under this subsection. A separate violation occurs each day a violation of section 11321(a) or 11342 of this title continues.

(b) When another criminal penalty is not provided under this chapter, a person that knowingly and willfully violates a provision of this subtitle or a regulation or order prescribed under this subtitle, or a condition of a certificate or permit issued under this subtitle related to transportation that is subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title or subject to the jurisdiction of the Commission before October 15, 1966, or a condition of a certificate of registration issued under section 10530 of this title, shall be fined at least $100 but not more than $500 for the first violation and at least $200 but not more than $500 for a subsequent violation. A separate violation occurs each day the violation continues.

(c) When another criminal penalty is not provided under this chapter, a person that knowingly and willfully violates a provision of this subtitle or a regulation or order prescribed under this subtitle, or a condition of a certificate or permit issued under this subtitle related to transportation that is subject to the jurisdiction of the Commission under subchapter III of chapter 105 of this title, shall be fined not more than $500. A separate violation occurs each day the violation continues. Trial in a criminal action under this subsection is in the judicial district in which any part of the violation is committed.

(d) When another criminal penalty is not provided under this chapter, a person that knowingly and willfully violates a provision of this subtitle or a regulation or order prescribed under this subtitle or a condition of a permit issued under this subtitle related to service that is subject to the jurisdiction of the Commission under subchapter IV of chapter 105 of this title, shall be fined not more than $100 for the first violation and not more than $500 for a subsequent violation. A separate violation occurs each day the violation continues.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1463 ; Pub. L. 96–258, §1(16), June 3, 1980, 94 Stat. 427 ; Pub. L. 97–424, title IV, §427(b), Jan. 6, 1983, 96 Stat. 2168 ; Pub. L. 98–216, §2(20), Feb. 14, 1984, 98 Stat. 6 ; Pub. L. 98–554, title II, §226(c)(7), Oct. 30, 1984, 98 Stat. 2852 .)

In subsection (a), the words "person acting for" are substituted for "agent, or person acting for" as being more inclusive. The word "person" is substituted for "corporation, company, person, or party" for clarity in view of the definition of "person" in section 10102 of the revised title. The words "that . . . violates this subtitle" are substituted for "shall . . . do or cause to be done, or shall . . . suffer or permit to be done, any act, matter, or thing in this chapter prohibited or declared to be unlawful . . . or shall . . . omit or fail to do any act, matter, or thing in this chapter required to be done, or shall cause or . . . suffer or permit any act, matter, or thing so directed or required by this chapter to be done; not to be so done . . . or shall be guilty of any infraction of this chapter" for clarity and to conform to section 2 of title 18. The words "who shall aid or abet therein" are omitted in view of section 2 of title 18. The words "shall be deemed guilty of a misdemeanor, and . . . , upon conviction thereof in any district court of the United States within the jurisdiction of which such offense was committed" are omitted as surplus and as unnecessary in view of title 18 and the Federal Rules of Criminal Procedure (18 U.S.C. app.). The word "However" is substituted for "Provided, That" for consistency. The word "violation" is substituted for "offense" for consistency. The words "shall be convicted as aforesaid" are omitted as surplus. The words "discrimination in rates charged" are substituted for "unlawful discrimination in rates, fares, or charges" for clarity and consistency. The words "of passengers or property" are omitted as surplus. The words "or the transmission of intelligence" are omitted as repealed by section 602(b) of the Act of June 19, 1934, ch. 652, 48 Stat. 1102 , since those words do not apply to 49:1(5½) or (7), the only remaining provisions related to communication in 49:ch. 1 that were not repealed by that Act. The words "in the penitentiary for a term" are omitted as surplus. The words "in the discretion of the court" are omitted as unnecessary in view of the restatement.

In subsections (b)–(d), the word "order" is substituted for "requirement" as being inclusive. The word "regulation" is substituted for "rule, regulation" for consistency. The word "criminal" is added for clarity. The words "shall, upon conviction thereof" are omitted as surplus.

In subsection (c), the words "Venue in a criminal action under this subsection" are added for clarity. The words "any part of" are substituted for "in whole or in part" for clarity.

Pub. L. 96–258

This amends section 11914(c) to make a technical change for consistency with other sections in chapter 119 and to correct a grammatical error.

Amendments

1984-Subsec. (b). Pub. L. 98–554 struck out the comma after "this title" and inserted "or a condition of a certificate of registration issued under section 10530 of this title," after "1966,".

Pub. L. 98–216 substituted "before October 15, 1966" for "prior to enactment of the Department of Transportation Act".

1983-Subsec. (b). Pub. L. 97–424 inserted "or subject to the jurisdiction of the Commission prior to enactment of the Department of Transportation Act,".

1980-Subsec. (c). Pub. L. 96–258 substituted "Trial" for "Venue" and "is committed" for "was committed".

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–554 effective May 1, 1985, except as otherwise provided, see section 226(d) of Pub. L. 98–554, set out as an Effective Date note under section 10530 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–258 effective Oct. 17, 1978, see section 3(d) of Pub. L. 96–258, set out as a note under section 10525 of this title.