2012 US Code
Title 49 - Transportation
Subtitle IV - INTERSTATE TRANSPORTATION (§§ 10101 - 16106)
Part B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS (§§ 13101 - 14916)
Chapter 149 - CIVIL AND CRIMINAL PENALTIES (§§ 14901 - 14916)
Section 14901 - General civil penalties
Publication Title | United States Code, 2012 Edition, Title 49 - TRANSPORTATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 49 - TRANSPORTATION SUBTITLE IV - INTERSTATE TRANSPORTATION PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS CHAPTER 149 - CIVIL AND CRIMINAL PENALTIES Sec. 14901 - General civil penalties |
Contains | section 14901 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 104-88, title I, §103, Dec. 29, 1995, 109 Stat. 913; amended Pub. L. 109-59, title IV, §4209, Aug. 10, 2005, 119 Stat. 1758; Pub. L. 112-141, div. C, title II, §§32108, 32923(a), July 6, 2012, 126 Stat. 782, 828. |
Statutes at Large References | 90 Stat. 2795 109 Stat. 913 113 Stat. 1768 119 Stat. 1758 126 Stat. 782 |
Public Law References | Public Law 89-272, Public Law 94-580, Public Law 104-88, Public Law 106-159, Public Law 109-59, Public Law 112-141 |
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(a)
(1) does not make the report;
(2) does not specifically, completely, and truthfully answer the question;
(3) does not make, prepare, or preserve the record in the form and manner prescribed;
(4) does not comply with section 13901; or
(5) does not comply with section 13902(c);
is liable to the United States for a civil penalty of not less than $1,000 for each violation and for each additional day the violation continues; except that, in the case of a person or an officer, agent, or employee of such person, that does not comply with section 13901 or section 13902(c) of this title, the amount of the civil penalty shall not be less than $10,000 for each violation, or $25,000 for each violation relating to providing transportation of passengers.
(b)
(c)
(d)
(1)
(2)
(3)
(e)
(1) to falsify documents used in the transportation of household goods subject to jurisdiction under subchapter I or III of chapter 135 which evidence the weight of a shipment; or
(2) to charge for accessorial services which are not performed or for which the carrier is not entitled to be compensated in any case in which such services are not reasonably necessary in the safe and adequate movement of the shipment;
is liable to the United States for a civil penalty of not less than $2,000 for each violation and of not less than $5,000 for each subsequent violation. Any State may bring a civil action in the United States district courts to compel a person to pay a civil penalty assessed under this subsection.
(f)
(1) the carrier or broker has its principal office;
(2) the carrier or broker was authorized to provide transportation or service under this part when the violation occurred;
(3) the violation occurred; or
(4) the offender is found.
Process in the action may be served in the judicial district of which the offender is an inhabitant or in which the offender may be found.
(g)
(1)
(2)
(h)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 913; amended Pub. L. 109–59, title IV, §4209, Aug. 10, 2005, 119 Stat. 1758; Pub. L. 112–141, div. C, title II, §§32108, 32923(a), July 6, 2012, 126 Stat. 782, 828.)
References in TextThe Solid Waste Disposal Act, referred to in subsec. (b), is title II of Pub. L. 89–272, as amended generally by Pub. L. 94–580, §2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§6901 et seq.) of Title 42, The Public Health and Welfare. Section 3001 of the Act is classified to section 6921 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of Title 42 and Tables.
Prior ProvisionsProvisions similar to those in this section were contained in sections 10751 and 11901 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Amendments2012—Subsec. (a). Pub. L. 112–141, §32108(a)(4), which directed substitution of “$10,000 for each violation, or $25,000 for each violation relating to providing transportation of passengers” for “$2,000 for each violation and each additional day the violation continues”, was executed by making the substitution for “$2,000 for each violation and for each additional day the violation continues” in concluding provisions, to reflect the probable intent of Congress.
Pub. L. 112–141, §32108(a)(1)–(3), substituted “$1,000” for “$500” and “or section 13902(c) of this title,” for “with respect to providing transportation of passengers,” and struck out “who is not registered under this part to provide transportation of passengers,” after “in the case of a person” in concluding provisions.
Subsec. (b). Pub. L. 112–141, §32108(b), substituted “not less than $20,000, but not to exceed $40,000” for “not to exceed $20,000”.
Subsec. (h). Pub. L. 112–141, §32923(a), added subsec. (h).
2005—Subsec. (d). Pub. L. 109–59 designated existing provisions as par. (1), inserted heading, and added pars. (2) and (3).
Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective DateChapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
Foreign Motor Carrier Penalties and DisqualificationsPub. L. 106–159, title II, §219, Dec. 9, 1999, 113 Stat. 1768, provided that:
“(a)
“(b)
“(c)
“(d)
“(e)
“(f)
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