2016 US Code
Title 49 - Transportation
Subtitle VI - Motor Vehicle and Driver Programs
Part C - Information, Standards, and Requirements
Chapter 329 - Automobile Fuel Economy
Sec. 32914 - Collecting civil penalties

Download PDF
Citation 49 U.S.C. § 32914 (2016)
Section Name §32914. Collecting civil penalties
Section Text

(a) Civil Actions.—If a person does not pay a civil penalty after it becomes a final order of the Secretary of Transportation or a judgment of a court of appeals of the United States for a circuit, the Attorney General shall bring a civil action in an appropriate district court of the United States to collect the penalty. The validity and appropriateness of the final order imposing the penalty is not reviewable in the action.

(b) Priority of Claims.—A claim of a creditor against a bankrupt or insolvent manufacturer of automobiles has priority over a claim of the United States Government against the manufacturer for a civil penalty under section 32912(b) of this title when the creditor's claim is for credit extended before a final judgment (without regard to section 32913(b)(1) and (2) of this title) in an action to collect under subsection (a) of this section.

Source Credit

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1074.)

Editorial Notes
Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
32914(a) 15:2008(b)(3) (last sentence), (c)(2). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §508(b)(3) (last sentence), (6), (c)(2); added Dec. 22, 1975, Pub. L. 94–163, §301, 89 Stat. 913, 914.
32914(b) 15:2008(b)(6).

In subsection (a), the text of 15:2008(b)(3) (last sentence) is omitted as surplus because of 28:516 and 2461(a). The words "an assessment of" and "and unappealable" are omitted as surplus. The words "of the Secretary of Transportation" are added for clarity. The words "for a circuit" are added for consistency. The words "in favor of the Secretary" are omitted as surplus. The words "shall bring a civil action . . . to collect the penalty" are substituted for "shall recover the amount for which the manufacturer is liable" for consistency.

In subsection (b), the words "A claim of a creditor against a bankrupt or insolvent manufacturer of automobiles has priority over a claim of the United States Government against the manufacturer" are substituted for "A claim of the United States . . . against a manufacturer . . . shall, in the case of the bankruptcy or insolvency of such manufacturer, be subordinate to any claim of a creditor of such manufacturer" for clarity and to eliminate unnecessary words. The words "the date on which" are omitted as surplus.

Publication Title United States Code, 2012 Edition, Supplement 4, 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 329 - AUTOMOBILE FUEL ECONOMY
Sec. 32914 - Collecting civil penalties
Contains section 32914
Date 2016
Laws In Effect As Of Date January 6, 2017
Positive Law Yes
Disposition standard
Statutes at Large References 86 Stat. 947
89 Stat. 913
108 Stat. 1074
Public Law References Public Law 92-513, Public Law 94-163, Public Law 103-272
Disclaimer: These codes may not be the most recent version. United States may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.