
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC30163]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
                             PART A--GENERAL
 
                    CHAPTER 301--MOTOR VEHICLE SAFETY
 
              SUBCHAPTER IV--ENFORCEMENT AND ADMINISTRATIVE
 
Sec. 30163. Actions by the Attorney General

    (a) Civil Actions To Enforce.--The Attorney General may bring a 
civil action in a United States district court to enjoin--
        (1) a violation of this chapter or a regulation prescribed or 
    order issued under this chapter; and
        (2) the sale, offer for sale, or introduction or delivery for 
    introduction, in interstate commerce, or the importation into the 
    United States, of a motor vehicle or motor vehicle equipment for 
    which it is decided, before the first purchase in good faith other 
    than for resale, that the vehicle or equipment--
            (A) contains a defect related to motor vehicle safety about 
        which notice was given under section 30118(c) of this title or 
        an order was issued under section 30118(b) of this title; or
            (B) does not comply with an applicable motor vehicle safety 
        standard prescribed under this chapter.

    (b) Prior Notice.--When practicable, the Secretary of Transportation 
shall notify a person against whom a civil action under subsection (a) 
of this section is planned, give the person an opportunity to present 
that person's views, and, except for a knowing and willful violation of 
this chapter, give the person a reasonable opportunity to remedy the 
defect or comply with the applicable motor vehicle safety standard 
prescribed under this chapter. Failure to give notice and an opportunity 
to remedy the defect or comply with the applicable motor vehicle safety 
standard prescribed under this chapter does not prevent a court from 
granting appropriate relief.
    (c) Venue.--Except as provided in section 30121(d) of this title, a 
civil action under this section or section 30165(a) of this title may be 
brought in the judicial district in which the violation occurred or the 
defendant is found, resides, or does business. Process in the action may 
be served in any other judicial district in which the defendant resides 
or is found.
    (d) Jury Trial Demand.--In a trial for criminal contempt for 
violating an injunction or restraining order issued under subsection (a) 
of this section, the violation of which is also a violation of this 
chapter, the defendant may demand a jury trial. The defendant shall be 
tried as provided in rule 42(b) of the Federal Rules of Criminal 
Procedure (18 App. U.S.C.).
    (e) Subpenas for Witnesses.--In a civil action brought under this 
section, a subpena for a witness may be served in any judicial district.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 967.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
30163(a)..............................  15:1399(a) (1st sentence).       Sept. 
9, 1966, Pub. L. 89-563, Sec.
                                                                          110(a
), (c), 80 Stat. 723, 724; Oct.
                                                                          27, 1
974, Pub. L. 93-492, Secs.
                                                                          102(b
)(2), 103(c), 88 Stat. 1477,
                                                                          1478.
                                        15:1424(b) (related to           Sept. 
9, 1966, Pub. L. 89-563, Sec.
                                         injunctions).                    204(b
) (related to injunctions), 80
                                                                          Stat.
 729.
30163(b)..............................  15:1399(a) (2d, last
                                         sentences).
30163(c)..............................  15:1399(c).
30163(d)..............................  15:1399(b).                      Sept. 
9, 1966, Pub. L. 89-563, Sec.
                                                                          110(b
), (d) (related to Sec.  110), 80
                                                                          Stat.
 723, 724.
30163(e)..............................  15:1399(d) (related to
                                         15:1399).
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---------------------------------

    In subsection (a), before clause (1), the text of 15:1424(b) 
(related to injunctions) is omitted because of the restatement. The 
words ``The Attorney General may bring a civil action'' are substituted 
for ``upon petition by . . . the Attorney General'' for consistency. The 
words ``the appropriate United States attorney or . . . on behalf of the 
United States'' are omitted as surplus. The words ``for cause shown and 
subject to the provisions of rule 65(a) and (b) of the Federal Rules of 
Civil Procedure'' are omitted as surplus. In clause (1), the words ``a 
regulation prescribed or order issued under this chapter'' are 
substituted for ``(or rules, regulations or orders thereunder)'' for 
clarity and consistency and because ``rule'' and ``regulation'' are 
synonymous. In clause (2), before subclause (A), the words ``that the 
vehicle or equipment'' are added for clarity. The words ``of such 
vehicle'' and ``purposes'' are omitted as surplus. In subclause (B), the 
words ``does not comply with'' are substituted for ``is determined . . . 
not to conform to'' for clarity and consistency.
    In subsections (b), (c), and (e), the word ``civil'' is added 
because of rule 2 of the Federal Rules of Civil Procedure (28 App. 
U.S.C.).
    In subsection (b), the words ``comply with the applicable motor 
vehicle safety standard prescribed under this chapter'' are substituted 
for ``achieve compliance'', and the words ``a court'' are added, for 
clarity.
    In subsection (c), the words ``any act or transaction constituting 
the'' are omitted as surplus. The word ``resides'' is substituted for 
``is an inhabitant'' for consistency in the revised title. The words 
``the action'' are substituted for ``such cases'' for consistency.
    In subsection (d), the words ``the defendant may demand a jury 
trial'' are substituted for ``trial shall be by the court, or, upon 
demand of the accused, by a jury'' to eliminate unnecessary words and 
for consistency in the revised title.
    In subsection (e), the words ``who are required to attend a United 
States district court'' are omitted as surplus. The words ``be served 
in'' are substituted for ``run into'' for clarity.

                  Section Referred to in Other Sections

    This section is referred to in section 30121 of this title.
