§ 526. General criminal penalty when specific penalty not provided

Statutory text

When another criminal penalty is not provided under a provision of this chapter, subchapter III of chapter 311 (except sections 31138 and 31139), or section 31502 of this title, a person that knowingly and willfully violates any of those provisions or a regulation or order of the Secretary of Transportation under any of those provisions, related to transportation by motor carrier, motor carrier of migrant workers, or motor private carrier, 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.

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.

1983
Pub. L. 97–449 § 1(b) · 96 Stat. 2413
Enacted · 49 U.S.C. § 526
Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2437
Source evidence
Code source credit
Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2437
Enacted provision · exact public law section
(b) Title 49, United States Code, is amended by striking out the table of subtitles at the beginning of the title and substituting the following new table of subtitles and subtitles I and II:
1984
Motor Carrier Safety Act of 1984
Pub. L. 98–554 title II § 213(c) · 98 Stat. 2829
1. Inserted · 49 U.S.C. § 526
  Pub. L. 98–554 inserted “, section 3102 of this title, or the Motor Carrier Safety Act of 1984” after “chapter” the first place it appears
2. Inserted · 49 U.S.C. § 526
  Pub. L. 98–554 inserted “or such section or Act” after “chapter” the second and third places it appears
Source evidence
Code amendment note
Pub. L. 98–554 inserted “, section 3102 of this title, or the Motor Carrier Safety Act of 1984” after “chapter” the first place it appears and inserted “or such section or Act” after “chapter” the second and third places it appears.
Enacted provision · exact public law section
(c) Section 526 of title 49, United States Code, is amended— (1) by inserting after “chapter” the first place it appears the following: “, section 3102 of this title, or the Motor Carrier Safety Act of 1984”; and (2) by inserting after “chapter” the second and third places it appears the following: “or such section or Act”.
1994
Pub. L. 103–272 § 5(m)(12) · 108 Stat. 745
Substituted · 49 U.S.C. § 526
Pub. L. 103–272 substituted “a provision of this chapter, subchapter III of chapter 311 (except sections 31138 and 31139), or section 31502 of this title, a person that knowingly and willfully violates any of those provisions or a regulation or order of the Secretary of Transportation under any of those provisions” for “this chapter, section 3102 of this title, or the Motor Carrier Safety Act of 1984, a person that knowingly and willfully violates a provision of this chapter or such section or Act, or a regulation or order of the Secretary of Transportation under this chapter or such section or Act”
Source evidence
Code amendment note
Pub. L. 103–272 substituted “a provision of this chapter, subchapter III of chapter 311 (except sections 31138 and 31139), or section 31502 of this title, a person that knowingly and willfully violates any of those provisions or a regulation or order of the Secretary of Transportation under any of those provisions” for “this chapter, section 3102 of this title, or the Motor Carrier Safety Act of 1984, a person that knowingly and willfully violates a provision of this chapter or such section or Act, or a regulation or order of the Secretary of Transportation under this chapter or such section or Act”.
Enacted provision · exact public law section
(12) In section 526, strike “this chapter, section 3102 of this title, or the Motor Carrier Safety Act of 1984, a person that knowingly and willfully violates a provision of this chapter or such section or Act, or a regulation or order of the Secretary of Transportation under this chapter or such section or Act” and substitute “a provision of this chapter, subchapter III of chapter 311 (except sections 31138 and 31139), or section 31502 of this title, a person that knowingly and willfully violates any of those provisions or a regulation or order of the Secretary of Transportation under any of those provisions”.

4 of 4 references resolved to an enrolled provision

Notes

historicalAndRevision

Historical and Revision Notes
RevisedSection	Source (U.S. Code)	Source (Statutes at Large)
526	49:304(a)(3) (last sentence) (related to “Sec. 322(a)”).	Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3) (last sentence) (related to “Sec. 222(a)”); added Aug. 9, 1935, ch. 498, 49 Stat. 546.
	49:304(a)(3a) (last sentence) (related to “Sec. 322(a)”).	Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3a) (last sentence) (related to “Sec. 222(a)”); added Aug. 3, 1956, ch. 905, § 2, 70 Stat. 958.
	49:1655(f)(2).	Oct. 15, 1966, Pub. L. 89–670, § 6(f)(2), 80 Stat. 940.

The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:

dispositionOfSections

Section 526	49 U.S. Code	Revised Section
	322(a).	11914

See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:

The reference to a certificate, permit, or licence is omitted as not applicable to this chapter. The text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed.

Editorial Notes

Amendments1984–1994 · 2 rounds

1994

Pub. L. 103–272 substituted “a provision of this chapter, subchapter III of chapter 311 (except sections 31138 and 31139), or section 31502 of this title, a person that knowingly and willfully violates any of those provisions or a regulation or order of the Secretary of Transportation under any of those provisions” for “this chapter, section 3102 of this title, or the Motor Carrier Safety Act of 1984, a person that knowingly and willfully violates a provision of this chapter or such section or Act, or a regulation or order of the Secretary of Transportation under this chapter or such section or Act”.

1984

Pub. L. 98–554 inserted “, section 3102 of this title, or the Motor Carrier Safety Act of 1984” after “chapter” the first place it appears and inserted “or such section or Act” after “chapter” the second and third places it appears.

Credits

1983–1994 · 3 acts

1983Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2437
1984Pub. L. 98–554, title II, § 213(c), Oct. 30, 1984, 98 Stat. 2844
1994Pub. L. 103–272, § 5(m)(12), July 5, 1994, 108 Stat. 1377.

Show as published

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2437; Pub. L. 98–554, title II, § 213(c), Oct. 30, 1984, 98 Stat. 2844; Pub. L. 103–272, § 5(m)(12), July 5, 1994, 108 Stat. 1377.)