49 U.S. Code § 32308 - General prohibitions, civil penalty, and enforcement
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(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
(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.
(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.
(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—
(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.
Source(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.)
|Revised Section||Source (U.S. Code)||Source (Statutes at Large)|
|Oct. 20, 1972, Pub. L. 92–513, §§ 206–208, 86 Stat. 959.|
|15:1947 (1st–3d sentences).|
|15:1947 (last sentence).|
In subsection (a)(1), the words “data or” are omitted as surplus.
In subsection (b)(1), the words “Each failure to provide information or comply with a regulation” are substituted for “with respect to each failure or refusal to comply with a requirement thereunder” for clarity.
In subsection (c), the words “The Attorney General may bring a civil action” are substituted for “Upon petition by the Attorney General on behalf of the United States” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.) and to eliminate unnecessary words. The words “for cause shown” are omitted as surplus. The words “and subject to the provisions of rule 65(a) and (b) of the Federal Rules of Civil Procedure” are omitted as surplus because the rules apply in the absence of an exception from them.
Subsection (d) is substituted for 15:1947 (last sentence) and 1948(c) for clarity and consistency in this part by restating 15:1917(c)(3) and (4).
2007—Subsecs. (c) to (e). Pub. L. 110–140added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.
Effective Date of 2007 Amendment