49 U.S.C. § 21301 : US Code - Section 21301: Chapter 201 general violations

Search 49 U.S.C. § 21301 : US Code - Section 21301: Chapter 201 general violations

(a) Penalty. - (1) A person may not fail to comply with a
regulation prescribed or order issued by the Secretary of
Transportation under chapter 201 of this title. Subject to section
21304 of this title, a person violating a regulation prescribed or
order issued by the Secretary under chapter 201 is liable to the
United States Government for a civil penalty. The Secretary shall
impose the penalty applicable under paragraph (2) of this
subsection. A separate violation occurs for each day the violation
continues.
(2) The Secretary shall include in, or make applicable to, each
regulation prescribed and order issued under chapter 201 of this
title a civil penalty for a violation. The amount of the penalty
shall be at least $500 but not more than $10,000. However, when a
grossly negligent violation or a pattern of repeated violations has
caused an imminent hazard of death or injury to individuals, or has
caused death or injury, the amount may be not more than $20,000.
(3) The Secretary may compromise the amount of a civil penalty
imposed under this subsection to not less than $500 before
referring the matter to the Attorney General for collection. In
determining the amount of a compromise, the Secretary shall
consider -
(A) the nature, circumstances, extent, and gravity of the
violation;
(B) with respect to the violator, the degree of culpability,
any history of violations, the ability to pay, and any effect on
the ability to continue to do business; and
(C) other matters that justice requires.
(b) Setoff. - 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) Deposit in Treasury. - A civil penalty collected under this
section or section 20113(b) of this title shall be deposited in the
Treasury as miscellaneous receipts.