49 USC 33115 – Civil penalties and enforcement
(a)
Terms Used In 49 USC 33115
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- vehicle: includes every description of carriage or other artificial contrivance used, or capable of being used, as a means of transportation on land. See 1 USC 4
(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)
(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)
(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)
(e)