
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: 49USC33115]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
            PART C--INFORMATION, STANDARDS, AND REQUIREMENTS
 
                      CHAPTER 331--THEFT PREVENTION
 
Sec. 33115. Civil penalties and enforcement

    (a) General Penalty and Civil Actions To Collect.--(1) A person that 
violates section 33114(a)(1)-(4) of this title is liable to the United 
States Government for a civil penalty of not more than $1,000 for each 
violation. The failure of more than one part of a single motor vehicle 
to conform to an applicable standard under section 33102 or 33103 of 
this title is only a single violation. The maximum penalty under this 
subsection for a related series of violations is $250,000.
    (2) The Secretary of Transportation imposes a civil penalty under 
this subsection. The Secretary may compromise the amount of a penalty.
    (3) In determining the amount of a civil penalty or compromise under 
this subsection, the Secretary shall consider the size of the person's 
business and the gravity of the violation.
    (4) The Attorney General shall bring a civil action in a United 
States district court to collect a civil penalty imposed under this 
subsection.
    (5) The Government may deduct the amount of a civil penalty imposed 
or compromised under this subsection from amounts it owes the person 
liable for the penalty.
    (b) Chop Shop Penalty and Enforcement.--(1) A person that violates 
section 33114(a)(5) of this title is liable to the Government for a 
civil penalty of not more than $100,000 a day for each violation.
    (2) As appropriate and in consultation with the Attorney General, 
the Secretary shall--
        (A) bring a civil action for a temporary or permanent injunction 
    to restrain a person violating section 33114(a)(5) of this section;
        (B) impose and recover the penalty described in paragraph (1) of 
    this subsection; or
        (C) take both the actions described in clauses (A) and (B) of 
    this paragraph.

    (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 
this chapter or the sale, offer for sale, introduction or delivery for 
introduction in interstate commerce, or importation into the United 
States, of a passenger motor vehicle containing a major part, or of a 
major replacement part, that is subject to the standard and is 
determined before the sale of the vehicle or part to a first purchaser 
not to conform to the standard.
    (2)(A) When practicable, the Secretary--
        (i) shall notify a person against whom an action under this 
    subsection is planned;
        (ii) shall give the person an opportunity to present that 
    person's views; and
        (iii) except for a knowing and willful violation, shall give the 
    person a reasonable opportunity to comply.

    (B) The failure of the Secretary to comply with subparagraph (A) of 
this paragraph does not prevent a court from granting appropriate 
relief.
    (d) Jury Trial Demand.--In a trial for criminal contempt for 
violating an injunction or restraining order issued under subsection (c) 
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) Venue.--A civil action under subsection (a) or (c) of this 
section may be brought in the judicial district in which the violation 
occurred or the defendant resides, is found, or transacts 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. 1091.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
33115(a)..............................  15:2028(a).                      Oct. 2
0, 1972, Pub. L. 92-513, 86 Stat.
                                                                          947, 
Sec.  611; added Oct. 25, 1984,
                                                                          Pub. 
L. 98-547, Sec.  101(a), 98 Stat.
                                                                          2762;
 Oct. 25, 1992, Pub. L. 102-519,
                                                                          Sec. 
 306(a), 106 Stat. 3397.
33115(b)..............................  15:2027(c)(2).                   Oct. 2
0, 1972, Pub. L. 92-513, Sec.  86
                                                                          Stat.
 947, Sec.  610(c)(2); added Oct.
                                                                          25, 1
992, Pub. L. 102-519, Secs.
                                                                          305(b
), 306(a), 106 Stat. 3396, 3397.
33115(c)(1)...........................  15:2028(b)(1) (1st sentence).
33115(c)(2)...........................  15:2028(b)(1) (2d, last
                                         sentences).
33115(d)..............................  15:2028(b)(2).
33115(e)..............................  15:2028(b)(3), (4).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a)(1), the words ``section 33114(a)(1)-(4)'' are used 
to correct an erroneous cross-reference in section 611(a)(1) of the 
Motor Vehicle Information and Cost Savings Act (Public Law 92-513, 86 
Stat. 947) to section 607 of that Act. Sections 607 and 611 were 
redesignated by section 306(a) of the Anti Car Theft Act of 1992 (Public 
Law 102-519, 106 Stat. 3397). The words ``is liable to the United States 
Government for a civil penalty'' are substituted for ``may be assessed a 
civil penalty'' for consistency in the revised title and with other 
titles of the United States Code.
    In subsection (a)(2), the word ``imposes'' is substituted for 
``assessed'' for consistency.
    In subsection (a)(3), the words ``the appropriateness of such 
penalty to'' are omitted as surplus.
    In subsection (a)(5), the words ``United States district court'' are 
added for clarity and consistency in the revised title.
    In subsection (c)(1), the words ``The Attorney General may bring a 
civil action'' are substituted for ``Upon petition by the Attorney 
General'' for consistency with rule 2 of the Federal Rules of Civil 
Procedure (28 App. U.S.C.). The words ``on behalf of the United States'' 
are omitted as surplus. The words ``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 exception from them. The word ``enjoin'' is substituted 
for ``restrain'' for consistency in the revised title.
    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.

                  Section Referred to in Other Sections

    This section is referred to in section 33103 of this title.
