
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: 49USC32709]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
            PART C--INFORMATION, STANDARDS, AND REQUIREMENTS
 
                         CHAPTER 327--ODOMETERS
 
Sec. 32709. Penalties and enforcement

    (a) Civil Penalty.--(1) A person that violates this chapter or a 
regulation prescribed or order issued under this chapter is liable to 
the United States Government for a civil penalty of not more than $2,000 
for each violation. A separate violation occurs for each motor vehicle 
or device involved in the violation. The maximum penalty under this 
subsection for a related series of violations is $100,000.
    (2) The Secretary of Transportation shall impose a civil penalty 
under this subsection. The Attorney General shall bring a civil action 
to collect the penalty. Before referring a penalty claim to the Attorney 
General, the Secretary may compromise the amount of the penalty. Before 
compromising the amount of the penalty, the Secretary shall give the 
person charged with a violation an opportunity to establish that the 
violation did not occur.
    (3) In determining the amount of a civil penalty under this 
subsection, the Secretary shall consider--
        (A) the nature, circumstances, extent, and gravity of the 
    violation;
        (B) with respect to the violator, the degree of culpability, any 
    history of prior violations, the ability to pay, and any effect on 
    the ability to continue doing business; and
        (C) other matters that justice requires.

    (b) Criminal Penalty.--A person that knowingly and willfully 
violates this chapter or a regulation prescribed or order issued under 
this chapter shall be fined under title 18, imprisoned for not more than 
3 years, or both. If the person is a corporation, the penalties of this 
subsection also apply to a director, officer, or individual agent of a 
corporation who knowingly and willfully authorizes, orders, or performs 
an act in violation of this chapter or a regulation prescribed or order 
issued under this chapter without regard to penalties imposed on the 
corporation.
    (c) Civil Actions by Attorney General.--The Attorney General may 
bring a civil action to enjoin a violation of this chapter or a 
regulation prescribed or order issued under this chapter. The action may 
be brought in the United States district court for 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.
    (d) Civil Actions by States.--(1) When a person violates this 
chapter or a regulation prescribed or order issued under this chapter, 
the chief law enforcement officer of the State in which the violation 
occurs may bring a civil action--
        (A) to enjoin the violation; or
        (B) to recover amounts for which the person is liable under 
    section 32710 of this title for each person on whose behalf the 
    action is brought.

    (2) An action under this subsection may be brought in an appropriate 
United States district court or in a State court of competent 
jurisdiction. The action must be brought not later than 2 years after 
the claim accrues.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1054.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
32709(a)..............................  15:1988(b) (related to           Oct. 2
0, 1972, Pub. L. 92-513, Sec.
                                         violating rules).                408(b
) (related to violating rules),
                                                                          86 St
at. 963; restated July 14, 1976,
                                                                          Pub. 
L. 94-364, Sec.  406, 90 Stat.
                                                                          983.
                                        15:1990b.                        Oct. 2
0, 1972, Pub. L. 92-513, 86 Stat.
                                                                          947, 
Secs.  412, 413; added July 14,
                                                                          1976,
 Pub. L. 94-364, Sec.  408(2), 90
                                                                          Stat.
 984; Oct. 28, 1986, Pub. L. 99-
                                                                          579, 
Sec.  3, 100 Stat. 3311.
32709(b)..............................  15:1988(b) (related to
                                         violating rules).
                                        15:1990c.
32709(c)..............................  15:1990.                         Oct. 2
0, 1972, Pub. L. 92-513, Sec.
                                                                          410, 
86 Stat. 963; restated July 14,
                                                                          1976,
 Pub. L. 94-364, Sec.  407, 90
                                                                          Stat.
 984.
32709(d)..............................  15:1990a.                        Oct. 2
0, 1972, Pub. L. 92-513, 86 Stat.
                                                                          947, 
Sec.  411; added July 14, 1976,
                                                                          Pub. 
L. 94-364, Sec.  408(2), 90 Stat.
                                                                          984.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a)(1), the words ``that violates this chapter'' are 
substituted for ``who commits any act or causes to be done any act that 
violates any provision of this subchapter or omits to do any act or 
causes to be omitted any act that is required by any such provision'' in 
15:1990b(a) for consistency and to eliminate unnecessary words. The 
words ``or a regulation prescribed or order issued under this chapter'' 
are substituted for ``No transferor shall violate any rule prescribed 
under this section'' in 15:1988 for consistency in the revised title and 
because ``rule'' is synonymous with ``regulations''. The words ``A 
separate violation occurs for each motor vehicle or device involved in 
the violation'' are substituted for ``A violation of any such provision 
shall, for purposes of this section, constitute a separate violation 
with respect to each motor vehicle or device involved'' in 15:1990b(a) 
to eliminate unnecessary words.
    In subsection (a)(2), the words ``on behalf of the United States'' 
are omitted as surplus. The words ``Before compromising the amount of a 
penalty, the Secretary shall give'' are substituted for ``after 
affording'' for clarity. The words ``to present views and evidence in 
support thereof'' and ``alleged'' are omitted as surplus.
    In subsection (b), the words ``that knowingly and willfully violates 
this chapter'' are substituted for ``knowingly and willfully commits any 
act or causes to be done any act that violates any provision of this 
subchapter or knowingly and willfully omits to do any act or causes to 
be omitted any act that is required by such provision'' to eliminate 
unnecessary words. The words ``or a regulation prescribed or order 
issued under this chapter'' are substituted for ``No transferor shall 
violate any rule prescribed under this section'' in 15:1988 for 
consistency in the revised title and because ``rule'' is synonymous with 
``regulation''. The words ``fined under title 18'' are substituted for 
``fined not more than $50,000'' for consistency with title 18. The words 
``an act in violation of'' are substituted for ``any of the acts or 
practices constituting in whole or in part a violation of'' to eliminate 
unnecessary words.
    In subsections (c) and (d), the word ``enjoin'' is substituted for 
``restrain'' for consistency.
    In subsection (c), the words ``The United States district courts 
shall have jurisdiction'' are omitted because of 28:1331. 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 because 
the rules apply in the absence of an exemption from them. The words 
``the violation occurred'' are substituted for ``wherein any act, 
omission, or transaction constituting the violation occurred'', and the 
word ``resides'' is substituted for ``is an inhabitant'', to eliminate 
unnecessary words. The words ``may be served in'' are substituted for 
``may run into'' for clarity.
    In subsection (d)(1), before clause (A), the words ``this chapter or 
a regulation prescribed or order issued under this chapter'' are 
substituted for ``requirement imposed under this subchapter'' for 
consistency. The words ``civil action'' are substituted for ``any 
action'' for consistency with rule 2 of the Federal Rules of Civil 
Procedure (28 App. U.S.C.).
    In subsection (d)(2), the words ``without regard to the amount in 
controversy'' are omitted because jurisdiction is now allowed under 
28:1331 without regard to the amount in controversy. The words ``United 
States district court'' are substituted for ``district court of the 
United States'' for consistency with the definition in section 32101 of 
the revised title and with other provisions of the chapter.

                  Section Referred to in Other Sections

    This section is referred to in section 32705 of this title.
