49 U.S.C. § 30165
HISTORICAL AND REVISION NOTES PUB. L. 103-272 | ||
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
30165(a) | 15:1398(a). | Sept. 9, 1966, Pub. L. 89-563, §109(a), 80 Stat . 723; Oct. 27, 1974, Pub. L. 93-492, §103(b), 88 Stat . 1478. |
15:1424(b) (related to civil penalty). | Sept. 9, 1966, Pub. L. 89-563, §§109(b), 110 (d) (related to §109), 204(b) (related to civil penalty), 80 Stat. 723, 724, 729. | |
30165(b) | 15:1398(b) (1st, last sentences). | |
30165(c) | 15:1398(b) (2d sentence). | |
30165(d) | 15:1399(d) (related to 15:1398). |
PUB. L. 103-429 This amends 49:30141(c)(4)(A) and 30165(a) to correct erroneous cross-references.
EDITORIAL NOTES
AMENDMENTS2015-Subsec. (a)(1). Pub. L. 114-94, §24110(a)(1), substituted "$21,000" for "$5,000" and "$105,000,000" for "$35,000,000".Subsec. (a)(3). Pub. L. 114-94, §24110(a)(2), substituted "$21,000" for "$5,000" and "$105,000,000" for "$35,000,000".2012-Subsec. (a)(1). Pub. L. 112-141, §32301(c), substituted "30141 through 30147, or 31137" for "or 30141 through 30147". Pub. L. 112-141, §31203(a)(1)(A), substituted "30123(a)" for "30123(d)" and "$35,000,000" for "$15,000,000". Subsec. (a)(3). Pub. L. 112-141, §31304(b)(1), substituted "Except as provided in paragraph (4), a person" for "A person". Pub. L. 112-141, §31203(a)(1)(B), substituted "$35,000,000" for "$15,000,000".Subsec. (a)(4). Pub. L. 112-141, §31304(b)(2), added par. (4).Subsec. (c). Pub. L. 112-141, §31203(a)(2), amended subsec. (c) generally. Prior to amendment, text read as follows: "In determining the amount of a civil penalty or compromise, the appropriateness of the penalty or compromise to the size of the business of the person charged and the gravity of the violation shall be considered." 2005-Subsec. (a)(2), (3). Pub. L. 109-59 which directed amendment of section 30165(a), without specifying the title to be amended, by adding par. (2) and redesignating former par. (2) as (3), was executed to this section, to reflect the probable intent of Congress. 2000-Subsec. (a). Pub. L. 106-414 amended heading and text generally. Prior to amendment, text read as follows: "A person that violates any of sections 30112, 30115, 30117-30122, 30123(d), 30125(c), 30127, 30141-30147, or 30166 of this title or a regulation prescribed under any of those sections is liable to the United States Government for a civil penalty of not more than $1,000 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 $800,000."1994-Subsec. (a). Pub. L. 103-429 substituted "any of sections 30112" for "section 30112" and inserted "any of" before "those sections" in two places.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114-94, div. B, title XXIV, §24110(b), (c), Dec. 4, 2015, 129 Stat. 1709, provided that:"(b) EFFECTIVE DATE.-The amendments made by subsection (a) of this section [amending this section] take effect on the date that the Secretary certifies to Congress that the National Highway Traffic Safety Administration has issued the final rule required by section 31203(b) of the Moving Ahead for Progress In the 21st Century Act (Public Law 112-141; 126 Stat. 758; 49 U.S.C. 30165 note) [Mar. 17, 2016]."(c) PUBLICATION OF EFFECTIVE DATE.-The Secretary shall publish notice of the effective date under subsection (b) of this section in the Federal Register [81 F.R. 15413]."
EFFECTIVE DATE OF 2012 AMENDMENT Pub. L. 112-141, div. C, title I, §31203(c), July 6, 2012, 126 Stat. 758, provided that: "The amendments made by subsection (a) [amending this section] shall take effect on the date that is the earlier of the date on which final regulations are issued under subsection (b) [set out as a note below] or 1 year after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112-141 set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways]."Amendment by sections 31304(b) and 32301(c) of Pub. L. 112-141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112-141 set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
EFFECTIVE DATE OF 1994 AMENDMENTAmendment 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.
CIVIL PENALTY CRITERIA Pub. L. 112-141, div. C, title I, §31203(b), July 6, 2012, 126 Stat. 758, provided that: "Not later than 1 year after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112-141 set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary [of Transportation] shall issue a final rule, in accordance with the procedures of section 553 of title 5, United States Code, which provides an interpretation of the penalty factors described in section 30165(c) of title 49, United States Code."
- United States district court
- "United States district court" means a district court of the United States, a United States court for Guam, the Virgin Islands, and American Samoa, and the district court for the Northern Mariana Islands.
- defect
- "defect" includes any defect in performance, construction, a component, or material of a motor vehicle or motor vehicle equipment.
- interstate commerce
- "interstate commerce" means commerce between a place in a State and a place in another State or between places in the same State through another State.
- motor vehicle equipment
- "motor vehicle equipment" means-(A) any system, part, or component of a motor vehicle as originally manufactured;(B) any similar part or component manufactured or sold for replacement or improvement of a system, part, or component, or as an accessory or addition to a motor vehicle; or(C) any device or an article or apparel, including a motorcycle helmet and excluding medicine or eyeglasses prescribed by a licensed practitioner, that-(i) is not a system, part, or component of a motor vehicle; and(ii) is manufactured, sold, delivered, or offered to be sold for use on public streets, roads, and highways with the apparent purpose of safeguarding users of motor vehicles against risk of accident, injury, or death.
- motor vehicle
- "motor vehicle" means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line.