49 U.S.C. § 32309 — Civil penalty for labeling violations

Page 937 TITLE 49—TRANSPORTATION § 32310 (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) SECTION 32304A.—Any person who fails to comply with the national tire fuel efficiency in- formation program under section 32304A is liable to the United States Government for a civil pen- alty of not more than $50,000 for each violation. (d) CIVIL ACTIONS TO ENFORCE.—(1) The Attor- ney 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. (e) VENUE AND SERVICE.—A civil action under this section may be brought in the judicial dis- trict in which the violation occurred or the de- fendant is found, resides, or does business. Proc- ess in the action may be served in any other ju- dicial 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, § 1(e), July 5, 1994, 108 Stat. 1041; Pub. L. 110–140, title I, § 111(b), Dec. 19, 2007, 121 Stat. 1507.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 32308(a) ...... 15:1946. Oct. 20, 1972, Pub. L. 92–513, §§ 206–208, 86 Stat. 959. 32308(b)(1) .. 15:1948(a). 32308(b) (2)–(4). 15:1948(b). 32308(c) ...... 15:1947 (1st–3d sen- tences). 32308(d) ...... 15:1947 (last sen- tence). 15:1948(c). In subsection (a)(1), the words ‘‘data or’’ are omitted as surplus. In subsection (b)(1), the words ‘‘Each failure to pro- vide information or comply with a regulation’’ are sub- stituted 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 pe- tition 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 un- necessary words. The words ‘‘for cause shown’’ are omitted as surplus. The words ‘‘and subject to the pro- visions 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 sen- tence) and 1948(c) for clarity and consistency in this part by restating 15:1917(c)(3) and (4). Editorial Notes AMENDMENTS 2007—Subsecs. (c) to (e). Pub. L. 110–140 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under sec- tion 1824 of Title 2, The Congress. § 32309. Civil penalty for labeling violations (a) DEFINITIONS.—The definitions in section 32304 of this title apply to this section. (b) PENALTIES.—A manufacturer of a passenger motor vehicle distributed in commerce for sale in the United States that willfully fails to at- tach the label required under section 32304 of this title to a new passenger motor vehicle that the manufacturer manufactures or imports, or a dealer that fails to maintain that label as re- quired under section 32304, is liable to the United States Government for a civil penalty of not more than $1,000 for each violation. Each failure to attach or maintain that label for each vehicle is a separate violation. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1042; Pub. L. 103–429, § 6(31), Oct. 31, 1994, 108 Stat. 4380.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 32309(a) ...... (no source). 32309(b) ...... 15:1950(e). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 210(e); added Oct. 6, 1992, Pub. L. 102–388, § 355, 106 Stat. 1557. Subsection (a) is added to ensure that the definitions in 15:1950(f), restated in section 32304 of the revised title, apply to the source provision restated in this sec- tion. In subsection (b), the words ‘‘Each failure to attach or maintain that label’’ are substituted for ‘‘Such fail- ure’’ for clarity. PUB. L. 103–429 This amends the catchline for 49:32309 to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1042). Editorial Notes AMENDMENTS 1994—Pub. L. 103–429 substituted ‘‘Civil’’ for ‘‘Crimi- nal’’ in section catchline. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title. § 32310. New Car Assessment Program roadmap (a) ESTABLISHMENT.—Not later than 1 year after the date of enactment of this section, and not less frequently than once every 4 years thereafter, the Secretary of Transportation (re- ferred to in this section as the ‘‘Secretary’’) shall establish a roadmap for the implementa- tion of the New Car Assessment Program of the National Highway Traffic Safety Administra- tion.