§ 30165. Civil penalty

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Pub. L. 103–272 § 1(e) · 108 Stat. 745

   Enacted · 49 U.S.C. § 30165

   Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 968

   Source evidence

   Code source credit
   Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 968

   Enacted provision · exact public law section
   Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:

2. 1994

   Pub. L. 103–429 § 6(23) · 108 Stat. 4377

   1. Substituted · 49 U.S.C. § 30165(a)

      Pub. L. 103–429 substituted “any of sections 30112” for “section 30112”

   2. Inserted · 49 U.S.C. § 30165(a)

      Pub. L. 103–429 inserted “any of” before “those sections” in two places

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–429 substituted “any of sections 30112” for “section 30112” and inserted “any of” before “those sections” in two places.

   Enacted provision · exact public law section
   (23) Sections 30141(c)(4)(A) and 30165(a) are amended as follows: (A) Strike “section 30112” and substitute “any of sections 30112”. (B) Insert “any of” before “those sections” each place it appears.

3. 2000

   Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act

   Pub. L. 106–414 § 5(a) · 114 Stat. 1800

   Amended · 49 U.S.C. § 30165(a)

   Pub. L. 106–414 amended heading and text generally. Prior to amendment, text read as follows: “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.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 106–414 amended heading and text generally. Prior to amendment, text read as follows: “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.”

   Enacted provision · exact public law section
   (a) Civil Penalties.— Section 30165(a) of title 49, United States Code, is amended to read as follows: “(a) Civil Penalties.— “(1) In general.— A person that violates any of section 30112, 30115, 30117 through 30122, 30123(d), 30125(c), 30127, or 30141 through 30147, or a regulation prescribed thereunder, is liable to the United States Government for a civil penalty of not more than $5,000 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 $15,000,000. “(2) Section 30166.— A person who violates section 30166 or a regulation prescribed under that section is Hable to the United States Government for a civil penalty for failing or refusing to allow or perform an act required under that section or regulation. The maximum penalty under this paragraph is $5,000 per violation per day. The maximum penalty under this paragraph for a related series of daily violations is $15,000,000.”.

4. 2005

   Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

   Pub. L. 109–59 title X § 10309(c) · 119 Stat. 1144

   1. Added · 49 U.S.C. § 30165(a)(2); 49 U.S.C. § 30165(a)(3)

      Pub. L. 109–59, which directed amendment of section 30165(a), without specifying the title to be amended, by adding par. (2)

   2. Redesignated · 49 U.S.C. § 30165(a)(2); 49 U.S.C. § 30165(a)(3)

      Pub. L. 109–59, which directed amendment of section 30165(a), without specifying the title to be redesignating former par. (2) as (3), was executed to this section, to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (a)(2), (3). Pub. L. 109–59, which directed amendment of section 30165(a), without specifying the title to be amended, by adding par. (2) and redesignating former par. (2) as (3), was executed to this section, to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (c) Penalty.— Section 30165(a) is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following: “(2) School buses.— “(A) In general.— Notwithstanding paragraph (1), the maximum amount of a civil penalty under this paragraph shall be $10,000 in the case of— “(i) the manufacture, sale, offer for sale, introduction or delivery for introduction into interstate commerce, or importation of a school bus or school bus equipment (as those terms are defined in section 30125(a) of this title) in violation of section 30112(a)(1) of this title; or “(ii) a violation of section 30112(a)(2) of this title. “(B) Related series of violations.— 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 that section. The maximum penalty under this paragraph for a related series of violations is $15,000,000.” .

5. 2012

   Commercial Motor Vehicle Safety Enhancement Act of 2012

   Pub. L. 112–141 § 32301(c) · 126 Stat. 405

   Substituted · 49 U.S.C. § 30165(a)(1)

   Pub. L. 112–141, § 32301(c), substituted “30141 through 30147, or 31137” for “or 30141 through 30147”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 112–141, § 32301(c), substituted “30141 through 30147, or 31137” for “or 30141 through 30147”.

   Enacted provision · exact public law section
   (c) Civil Penalties.— Section 30165(a)(1) is amended by striking “or 30141 through 30147” and inserting “30141 through 30147, or 31137”.

6. 2012

   Motor Vehicle and Highway Safety Improvement Act of 2012

   Pub. L. 112–141 § 31203(a)(1)(A) · 126 Stat. 405

   1. Substituted · 49 U.S.C. § 30165(a)(1)

      Pub. L. 112–141, § 31203(a)(1)(A), substituted “30123(a)” for “30123(d)”

   2. Substituted · 49 U.S.C. § 30165(a)(1)

      Pub. L. 112–141, § 31203(a)(1)(A), substituted “$35,000,000” for “$15,000,000”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 112–141, § 31203(a)(1)(A), substituted “30123(a)” for “30123(d)” and “$35,000,000” for “$15,000,000”.

   Enacted provision · exact public law section
   (A) in paragraph (1)— (i) by striking “30123(d)” and inserting “30123(a)”; and (ii) by striking “$15,000,000” and inserting “$35,000,000”; and

7. 2012

   Motor Vehicle and Highway Safety Improvement Act of 2012

   Pub. L. 112–141 § 31304(b)(1) · 126 Stat. 405

   Substituted · 49 U.S.C. § 30165(a)(3)

   Pub. L. 112–141, § 31304(b)(1), substituted “Except as provided in paragraph (4), a person” for “A person”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 112–141, § 31304(b)(1), substituted “Except as provided in paragraph (4), a person” for “A person”.

   Enacted provision · exact public law section
   (1) in paragraph (3), by striking “A person” and inserting “Except as provided in paragraph (4), a person”; and

8. 2012

   Motor Vehicle and Highway Safety Improvement Act of 2012

   Pub. L. 112–141 § 31203(a)(1)(B) · 126 Stat. 405

   Substituted · 49 U.S.C. § 30165(a)(3)

   Pub. L. 112–141, § 31203(a)(1)(B), substituted “$35,000,000” for “$15,000,000”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 112–141, § 31203(a)(1)(B), substituted “$35,000,000” for “$15,000,000”.

   Enacted provision · exact public law section
   (B) in paragraph (3), by striking “$15,000,000” and inserting “$35,000,000”; and

9. 2012

   Motor Vehicle and Highway Safety Improvement Act of 2012

   Pub. L. 112–141 § 31304(b)(2) · 126 Stat. 405

   Added · 49 U.S.C. § 30165(a)(4)

   Pub. L. 112–141, § 31304(b)(2), added par. (4)

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 112–141, § 31304(b)(2), added par. (4).

   Enacted provision · exact public law section
   (2) by adding at the end the following: “(4) False or misleading reports.— A person who knowingly and willfully submits materially false or misleading information to the Secretary, after certifying the same information as accurate under the certification process established pursuant to section 30166(o), shall be subject to a civil penalty of not more than $5,000 per day. The maximum penalty under this paragraph for a related series of daily violations is $1,000,000.” .

10. 2012

    Motor Vehicle and Highway Safety Improvement Act of 2012

    Pub. L. 112–141 § 31203(a)(2) · 126 Stat. 405

    Amended · 49 U.S.C. § 30165(c)

    Pub. L. 112–141, § 31203(a)(2), amended subsec. (c) generally. Prior to amendment, text read as follows: “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.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 112–141, § 31203(a)(2), amended subsec. (c) generally. Prior to amendment, text read as follows: “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.”

    Enacted provision · exact public law section
    (2) by amending subsection (c) to read as follows: “(c) Relevant Factors in Determining Amount of Penalty or Compromise.— In determining the amount of a civil penalty or compromise under this section, the Secretary of Transportation shall consider the nature, circumstances, extent, and gravity of the violation. Such determination shall include, as appropriate— “(1) the nature of the defect or noncompliance; “(2) knowledge by the person charged of its obligations under this chapter; “(3) the severity of the risk of injury; “(4) the occurrence or absence of injury; “(5) the number of motor vehicles or items of motor vehicle equipment distributed with the defect or noncompliance; “(6) actions taken by the person charged to identify, investigate, or mitigate the condition; “(7) the appropriateness of such penalty in relation to the size of the business of the person charged, including the potential for undue adverse economic impacts; “(8) whether the person has been assessed civil penalties under this section during the most recent 5 years; and “(9) other appropriate factors.” .

11. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 24110(a)(1) · 129 Stat. 1312

    1. Substituted · 49 U.S.C. § 30165(a)(1)

       Pub. L. 114–94, § 24110(a)(1), substituted “$21,000” for “$5,000”

    2. Substituted · 49 U.S.C. § 30165(a)(1)

       Pub. L. 114–94, § 24110(a)(1), substituted “$105,000,000” for “$35,000,000”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 114–94, § 24110(a)(1), substituted “$21,000” for “$5,000” and “$105,000,000” for “$35,000,000”.

    Enacted provision · exact public law section
    (1) in paragraph (1)— (A) by striking “$5,000” and inserting “$21,000”; and (B) by striking “$35,000,000” and inserting “$105,000,000”; and

    Effective date note
    Pub. L. 114–94, div. B, title XXIV, § 24110(b), (c), Dec. 4, 2015, 129 Stat. 1709, provided that:

12. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 24110(a)(2) · 129 Stat. 1312

    1. Substituted · 49 U.S.C. § 30165(a)(3)

       Pub. L. 114–94, § 24110(a)(2), substituted “$21,000” for “$5,000”

    2. Substituted · 49 U.S.C. § 30165(a)(3)

       Pub. L. 114–94, § 24110(a)(2), substituted “$105,000,000” for “$35,000,000”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 114–94, § 24110(a)(2), substituted “$21,000” for “$5,000” and “$105,000,000” for “$35,000,000”.

    Enacted provision · exact public law section
    (2) in paragraph (3)— (A) by striking “$5,000” and inserting “$21,000”; and (B) by striking “$35,000,000” and inserting “$105,000,000”.

    Effective date note
    Pub. L. 114–94, div. B, title XXIV, § 24110(b), (c), Dec. 4, 2015, 129 Stat. 1709, provided that:

17 of 17 references resolved to an enrolled provision