
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: 49USC32308]

 
                        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

    (a) Prohibitions.--A person may not--
        (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) Civil Penalty.--(1) A person that violates subsection (a) of 
this section is liable to the United States Government for a civil 
penalty of not more than $1,000 for each violation. Each failure to 
provide information or comply with a regulation in violation of 
subsection (a) is a separate violation. The maximum penalty under this 
subsection for a related series of violations is $400,000.
    (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) Civil Actions To Enforce.--(1) The Attorney General may bring a 
civil action in a United States district court to enjoin a violation of 
subsection (a) of this section.
    (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.
    (d) Venue and Service.--A civil action under this section 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. A subpena for a witness in the action may be served in any 
judicial district.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1041.)

                                          Historical and Revision Notes
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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---------------------------------
32308(a)..............................  15:1946.                         Oct. 2
0, 1972, Pub. L. 92-513, Secs.
                                                                          206-2
08, 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).
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---------------------------------

    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).
