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49 U.S.C. § 30165 — Civil penalty
Federal law — U.S. Code and appendices · legal_authorities
**(a) Civil Penalties.—**
(1) **In general.—** — A person that violates any of section 30112, 30115, 30117 through 30122, 30123(a), 30125(c), 30127, 30141 through 30147, or 31137, or a regulation prescribed thereunder, is liable to the United States Government for a civil penalty of not more than $21,000 for each violation. A separate violation occurs for each motor vehicle or item of motor vehicle equipment and for each failure or refusal to allow or perform an act required by any of those sections. The maximum penalty under this subsection for a related series of violations is $105,000,000.
(2) **School buses.—**
(A) *In general.—* — Notwithstanding paragraph (1), the maximum amount of a civil penalty under this paragraph shall be $10,000 in the case of—
(i) the manufacture, sale, offer for sale, introduction or delivery for introduction into interstate commerce, or importation of a school bus or school bus equipment (as those terms are defined in [section 30125(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30125/a&num=0&edition=prelim)) in violation of [section 30112(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30112/a/1&num=0&edition=prelim); or
(ii) a violation of [section 30112(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30112/a/2&num=0&edition=prelim).
(B) *Related series of violations.—* — A separate violation occurs for each motor vehicle or item of motor vehicle equipment and for each failure or refusal to allow or perform an act required by that section. The maximum penalty under this paragraph for a related series of violations is $15,000,000.
(3) **Section 30166.—** — Except as provided i
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Source file: Laws/federal/codes/united-states-code/title-49/section-30165-civil-penalty--93400bcd6d.md
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Source location: Title 49, Chapter 301, § 30165; chapter-301-motor-vehicle-safety.md
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**(a) Civil Penalties.—**
(1) **In general.—** — A person that violates any of section 30112, 30115, 30117 through 30122, 30123(a), 30125(c), 30127, 30141 through 30147, or 31137, or a regulation prescribed thereunder, is liable to the United States Government for a civil penalty of not more than $21,000 for each violation. A separate violation occurs for each motor vehicle or item of motor vehicle equipment and for each failure or refusal to allow or perform an act required by any of those sections. The maximum penalty under this subsection for a related series of violations is $105,000,000.
(2) **School buses.—**
(A) *In general.—* — Notwithstanding paragraph (1), the maximum amount of a civil penalty under this paragraph shall be $10,000 in the case of—
(i) the manufacture, sale, offer for sale, introduction or delivery for introduction into interstate commerce, or importation of a school bus or school bus equipment (as those terms are defined in [section 30125(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30125/a&num=0&edition=prelim)) in violation of [section 30112(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30112/a/1&num=0&edition=prelim); or
(ii) a violation of [section 30112(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30112/a/2&num=0&edition=prelim).
(B) *Related series of violations.—* — A separate violation occurs for each motor vehicle or item of motor vehicle equipment and for each failure or refusal to allow or perform an act required by that section. The maximum penalty under this paragraph for a related series of violations is $15,000,000.
(3) **Section 30166.—** — Except as provided in paragraph (4), a person who violates section 30166 or a regulation prescribed under that section is liable to the United States Government for a civil penalty for failing or refusing to allow or perform an act required under that section or regulation. The maximum penalty under this paragraph is $21,000 per violation per day. The maximum penalty under this paragraph for a related series of daily violations is $105,000,000.
(4) **False or misleading reports.—** — A person who knowingly and willfully submits materially false or misleading information to the Secretary, after certifying the same information as accurate under the certification process established pursuant to section 30166(o), shall be subject to a civil penalty of not more than $5,000 per day. The maximum penalty under this paragraph for a related series of daily violations is $1,000,000.
**(b) Compromise and Setoff.—**
(1) The Secretary of Transportation may compromise the amount of a civil penalty imposed under this section.
(2) 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) Relevant Factors in Determining Amount of Penalty or Compromise.—** In determining the amount of a civil penalty or compromise under this section, the Secretary of Transportation shall consider the nature, circumstances, extent, and gravity of the violation. Such determination shall include, as appropriate—
(1) the nature of the defect or noncompliance;
(2) knowledge by the person charged of its obligations under this chapter;
(3) the severity of the risk of injury;
(4) the occurrence or absence of injury;
(5) the number of motor vehicles or items of motor vehicle equipment distributed with the defect or noncompliance;
(6) actions taken by the person charged to identify, investigate, or mitigate the condition;
(7) the appropriateness of such penalty in relation to the size of the business of the person charged, including the potential for undue adverse economic impacts;
(8) whether the person has been assessed civil penalties under this section during the most recent 5 years; and
(9) other appropriate factors.
**(d) Subpenas for Witnesses.—** In a civil action brought under this section, a subpena for a witness may be served in any judicial district.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved—
(1) a military or foreign affairs function of the United States; or
(2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts.
**(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include—
(1) a statement of the time, place, and nature of public rule making proceedings;
(2) reference to the legal authority under which the rule is proposed;
(3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and
(4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov).
Except when notice or hearing is required by statute, this subsection does not apply—
(A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or
(B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.
**(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this title, the following definitions apply:
(1) **Apportionment.—** — The term “apportionment” includes unexpended apportionments made under prior authorization laws.
(2) **Asset management.—** — The term “asset management” means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost.
(3) **Carpool project.—** — The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided.
(4) **Construction.—** — The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bon
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter, “aeronautics”, “air commerce”, and “air navigation facility” have the same meanings given those terms in [section 40102(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40102/a&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 321
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 1394, Pub. L. 89–563, title I, § 105, Sept. 9, 1966, 80 Stat. 720, related to judicial review of orders establishing standards, presentation of additional evidence before Secretary, and certified copy of transcript of record. See sections 30103 and 30161 of Title 49, Transportation.
Section 1395, Pub. L. 89–563, title I, § 106, Sept. 9, 1966, 80 Stat. 721, related to research, testing, development, and training in traffic and vehicle safety.
Section 1396, Pub. L. 89–563, title I, § 107, Sept. 9, 1966, 80 Stat. 721, related to cooperation of Secretary with governmental and private agencies in developing motor vehicle safety standards and methods for determining compliance with such standards. See sections 30111 and 30166 of Title 49.
Section 1397, Pub. L. 89–563, title I, § 108, Sept. 9, 1966, 80 Stat. 722; Pub. L. 93–492, title I, § 103(a), title II, § 203, Oct. 27, 1974, 88 Stat. 1477, 1485; Pub. L. 100–562, § 2(a)–(d), Oct. 31, 1988, 102 Stat. 2818, 2824, prohibited manufacture, sale, delivery, or importation of substandard vehicles and rendering inoperative certain devices, elements of design, or motor vehicle equipment. See sections 30103, 30112, 30114, 30115, 30117 to 30122, 30125, 30126, 30141 to 30147, 30166, and 30167 of Title 49.
Section 1398, Pub. L. 89–563, title I, § 109, Sept. 9, 1966, 80 Stat. 723; Pub. L. 93–492, title I, § 103(b), Oct. 27, 1974, 88 Stat. 1478, related to civil penalties for violations of former [section 1397 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1397&num=0&edition=prelim) and Secretary’s authority to compromise such penalties. See [section 30165 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30165&num=0&edition=
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Creation of Trust Fund** There is established in the Treasury of the United States a trust fund to be known as the “Highway Trust Fund”, consisting of such amounts as may be appropriated or credited to the Highway Trust Fund as provided in this section or section 9602(b).
**(b) Transfer to Highway Trust Fund of amounts equivalent to certain taxes and penalties**
(1) **Certain taxes** — There are hereby appropriated to the Highway Trust Fund amounts equivalent to the taxes received in the Treasury before October 1, 2028, under the following provisions—
(A) section 4041 (relating to taxes on diesel fuels and special motor fuels),
(B) section 4051 (relating to retail tax on heavy trucks and trailers),
(C) section 4071 (relating to tax on tires),
(D) section 4081 (relating to tax on gasoline, diesel fuel, and kerosene), and
(E) section 4481 (relating to tax on use of certain vehicles).
For purposes of this paragraph, taxes received under sections 4041 and 4081 shall be determined without reduction for credits under section 6426 and taxes received under section 4081 shall be determined without regard to tax receipts attributable to the rate specified in section 4081(a)(2)(C).
(2) **Liabilities incurred before October 1, 2028** — There are hereby appropriated to the Highway Trust Fund amounts equivalent to the taxes which are received in the Treasury after September 30, 2028, and before July 1, 2029, and which are attributable to liability for tax incurred before October 1, 2028, under the provisions described in paragraph (1).
(3) **Repealed. Pub. L. 109–59, title XI, § 11161(c)(2)(C), Aug. 10, 2005, 119 Stat. 1972]**
(4) **Certain taxes not transferred to Highway Trust Fund** — For purposes of paragraphs (1) and (2), there shall not be taken into
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Federal law — U.S. Code and appendices · legal_authorities
Page 796
TITLE 49—TRANSPORTATION
§ 30165
(B) paragraph (1) or (3) of section 30112(a)
with respect to such motor vehicle or motor
vehicle equipment;
(C) the provision of reports and records re-
quired to be maintained with respect to such
motor vehicle or motor vehicle equipment
under this chapter;
(D) a request for inspection of premises,
vehicle, or equipment under section 30166;
(E) an order or voluntary agreement to
remedy such vehicle or equipment; or
(F) any rules implementing the require-
ments described in this subsection;
(2) provide an opportunity for the manufac-
turer to present information before the Sec-
retary’s determination as to whether the man-
ufacturer’s imports should be restricted; and
(3) establish a process by which a manufac-
turer may petition for reinstatement of its
ability to import motor vehicles or motor ve-
hicle equipment.
(e) EXCEPTION.—The requirements of sub-
sections (c) and (d) shall not apply to original
manufacturers (or wholly owned subsidiaries) of
motor vehicles that, prior to the date of enact-
ment of the Motor Vehicle and Highway Safety
Improvement Act of 2012—
(1) have imported motor vehicles into the
United States that are certified to comply
with all applicable Federal motor vehicle safe-
ty standards;
(2) have submitted to the Secretary appro-
priate manufacturer identification informa-
tion under part 566 of title 49, Code of Federal
Regulations; and
(3) if applicable, have identified a current
agent for service of process in accordance with
part 551 of title 49, Code of Federal Regula-
tions.
(f) RULEMAKING.—In issuing regulations under
this section, the Secretary shall seek to reduce
duplicative requirements by coordinating with
the Department of Homeland Security.
(Pub. L. 103–272, § 1(e),
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