2011 US Code
Title 49 - Transportation
Subtitle VI - MOTOR VEHICLE AND DRIVER PROGRAMS (§§ 30101 - 33118)
Part C - INFORMATION, STANDARDS, AND REQUIREMENTS (§§ 32101 - 33118)
Chapter 323 - CONSUMER INFORMATION (§§ 32301 - 32309)
Section 32308 - General prohibitions, civil penalty, and enforcement
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 49 - TRANSPORTATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 49 - TRANSPORTATION SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS PART C - INFORMATION, STANDARDS, AND REQUIREMENTS CHAPTER 323 - CONSUMER INFORMATION Sec. 32308 - General prohibitions, civil penalty, and enforcement |
Contains | section 32308 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | 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. |
Statutes at Large References | 86 Stat. 959 108 Stat. 1041 121 Stat. 1507 |
Public Law References | Public Law 92-513, Public Law 103-272, Public Law 110-140 |
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(a)
(1) fail to provide the Secretary of Transportation with information requested by the Secretary in carrying out this chapter; or
(2) fail to comply with applicable regulations prescribed by the Secretary in carrying out this chapter.
(b)
(2) The Secretary may compromise the amount of a civil penalty imposed under this section.
(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.
(4) 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)
(d)
(2) When practicable, the Secretary shall—
(A) notify a person against whom an action under this subsection is planned;
(B) give the person an opportunity to present that person's views; and
(C) give the person a reasonable opportunity to comply.
(3) The failure of the Secretary to comply with paragraph (2) of this subsection does not prevent a court from granting appropriate relief.
(e)
(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) |
---|---|---|
32308(a) | 15:1946. | Oct. 20, 1972, Pub. L. 92–513, §§206–208, 86 Stat. 959. |
32308(b)(1) | 15:1948(a). | |
32308(b) (2)–(4) | 15:1948(b). | |
32308(c) | 15:1947 (1st–3d sentences). | |
32308(d) | 15:1947 (last sentence). | |
15:1948(c). |
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).
Amendments2007—Subsecs. (c) to (e). Pub. L. 110–140 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.
Effective Date of 2007 AmendmentAmendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
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