49 USC 30165: Civil penalty

49 USC 30165: Civil penalty Text contains those laws in effect on January 4, 1995

From Title 49-TRANSPORTATIONSUBTITLE VI-MOTOR VEHICLE AND DRIVER PROGRAMSPART A-GENERALCHAPTER 301-MOTOR VEHICLE SAFETYSUBCHAPTER IV-ENFORCEMENT AND ADMINISTRATIVE

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§30165. Civil penalty

(a) Penalty.-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.

(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.

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

( Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 968 ; Pub. L. 103–429, §6(23), Oct. 31, 1994, 108 Stat. 4380 .)

Historical and Revision Notes
Pub. L. 103–272
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
30165(a)	15:1398(a).	Sept. 9, 1966, Pub. L. 89–563, §109(a), 80 Stat. 723 ; Oct. 27, 1974, Pub. L. 93–492, §103(b), 88 Stat. 1478 .
	15:1424(b) (related to civil penalty).	Sept. 9, 1966, Pub. L. 89–563, §§109(b), 110(d) (related to §109), 204(b) (related to civil penalty), 80 Stat. 723 , 724, 729.
30165(b)	15:1398(b) (1st, last sentences).
30165(c)	15:1398(b) (2d sentence).
30165(d)	15:1399(d) (related to 15:1398).

In subsection (a), the text of 15:1424(b) (related to civil penalty) is omitted because of the restatement. The words "is liable to the United States Government for" are substituted for "shall be subject to" for consistency. The words "A separate violation occurs for" are substituted for "Such violation of a provision of section 1397 of this title, or regulations issued thereunder, shall constitute a separate violation with respect to" to eliminate unnecessary words.

In subsection (b)(2), the words "amount of a civil penalty imposed or compromised" are substituted for "amount of such penalty, when finally determined, or the amount agreed upon in compromise" to eliminate unnecessary words.

In subsection (d), the words "who are required to attend a United States district court" are omitted as surplus. The words "be served in" are substituted for "run into" for clarity.

Pub. L. 103–429

This amends 49:30141(c)(4)(A) and 30165(a) to correct erroneous cross-references.

Amendments

1994-Subsec. (a). Pub. L. 103–429 substituted "any of sections 30112" for "section 30112" and inserted "any of" before "those sections" in two places.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

Section Referred to in Other Sections

This section is referred to in section 30163 of this title.