
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC14901]

 
                        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

    (a) Reporting and Recordkeeping.--A person required to make a report 
to the Secretary or the Board, answer a question, or make, prepare, or 
preserve a record under this part concerning transportation subject to 
jurisdiction under subchapter I or III of chapter 135 or transportation 
by a foreign carrier registered under section 13902, or an officer, 
agent, or employee of that person that--
        (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 $500 
for each violation and for each additional day the violation continues; 
except that, in the case of a person who is not registered under this 
part to provide transportation of passengers, or an officer, agent, or 
employee of such person, that does not comply with section 13901 with 
respect to providing transportation of passengers, the amount of the 
civil penalty shall not be less than $2,000 for each violation and for 
each additional day the violation continues.
    (b) Transportation of Hazardous Wastes.--A person subject to 
jurisdiction under subchapter I of chapter 135, or an officer, agent, or 
employee of that person, and who is required to comply with section 
13901 of this title but does not so comply with respect to the 
transportation of hazardous wastes as defined by the Environmental 
Protection Agency pursuant to section 3001 of the Solid Waste Disposal 
Act (but not including any waste the regulation of which under the Solid 
Waste Disposal Act has been suspended by Congress) shall be liable to 
the United States for a civil penalty not to exceed $20,000 for each 
violation.
    (c) Factors To Consider in Determining Amount.--In determining and 
negotiating the amount of a civil penalty under subsection (a) or (d) 
concerning transportation of household goods, the degree of culpability, 
any history of prior such conduct, the degree of harm to shipper or 
shippers, ability to pay, the effect on ability to do business, whether 
the shipper has been adequately compensated before institution of the 
proceeding, and such other matters as fairness may require shall be 
taken into account.
    (d) Protection of Household Goods Shippers.--If a carrier providing 
transportation of household goods subject to jurisdiction under 
subchapter I or III of chapter 135 or a receiver or trustee of such 
carrier fails or refuses to comply with any regulation issued by the 
Secretary or the Board relating to protection of individual shippers, 
such carrier, receiver, or trustee is liable to the United States for a 
civil penalty of not less than $1,000 for each violation and for each 
additional day during which the violation continues.
    (e) Violation Relating to Transportation of Household Goods.--Any 
person that knowingly engages in or knowingly authorizes an agent or 
other person--
        (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) Venue.--Trial in a civil action under subsections (a) through 
(e) of this section is in the judicial district in which--
        (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) Business Entertainment Expenses.--
        (1) In general.--Any business entertainment expense incurred by 
    a water carrier providing transportation subject to this part shall 
    not constitute a violation of this part if that expense would not be 
    unlawful if incurred by a person not subject to this part.
        (2) Cost of service.--Any business entertainment expense subject 
    to paragraph (1) that is paid or incurred by a water carrier 
    providing transportation subject to this part shall not be taken 
    into account in determining the cost of service or the rate base for 
    purposes of section 13702.

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat. 913.)

                       References in Text

    The 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, Sec. 2, 
Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 
82 (Sec. 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 Provisions

    Provisions 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, Sec. 102(a).


                             Effective Date

    Chapter 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 Disqualifications

    Pub. L. 106-159, title II, Sec. 219, Dec. 9, 1999, 113 Stat. 1768, 
provided that:
    ``(a) General Rule.--Subject to subsections (b) and (c), a foreign 
motor carrier or foreign motor private carrier (as such terms are 
defined under section 13102 of title 49, United States Code) that 
operates without authority, before the implementation of the land 
transportation provisions of the North American Free Trade Agreement, 
outside the boundaries of a commercial zone along the United States-
Mexico border shall be liable to the United States for a civil penalty 
and shall be disqualified from operating a commercial motor vehicle 
anywhere within the United States as provided in subsections (b) and 
(c).
    ``(b) Penalty for Intentional Violation.--The civil penalty for an 
intentional violation of subsection (a) by a carrier shall not be more 
than $10,000 and may include a disqualification from operating a 
commercial motor vehicle anywhere within the United States for a period 
of not more than 6 months.
    ``(c) Penalty for Pattern of Intentional Violations.--The civil 
penalty for a pattern of intentional violations of subsection (a) by a 
carrier shall not be more than $25,000 and the carrier shall be 
disqualified from operating a commercial motor vehicle anywhere within 
the United States and the disqualification may be permanent.
    ``(d) Leasing.--Before the implementation of the land transportation 
provisions of the North American Free Trade Agreement, during any period 
in which a suspension, condition, restriction, or limitation imposed 
under section 13902(c) of title 49, United States Code, applies to a 
motor carrier (as defined in section 13902(e) of such title), that motor 
carrier may not lease a commercial motor vehicle to another motor 
carrier or a motor private carrier to transport property in the United 
States.
    ``(e) Savings Clause.--No provision of this section may be enforced 
if it is inconsistent with any international agreement of the United 
States.
    ``(f) Acts of Employees.--The actions of any employee driver of a 
foreign motor carrier or foreign motor private carrier committed without 
the knowledge of the carrier or committed unintentionally shall not be 
grounds for penalty or disqualification under this section.''

                  Section Referred to in Other Sections

    This section is referred to in sections 13907, 14303 of this title.
