49 U.S.C. § 60122 : US Code - Section 60122: Civil penalties

Search 49 U.S.C. § 60122 : US Code - Section 60122: Civil penalties

(a) General Penalties. - (1) A person that the Secretary of
Transportation decides, after written notice and an opportunity for
a hearing, has violated section 60114(b) or 60118(a) of this title
or a regulation prescribed or order issued under this chapter is
liable to the United States Government for a civil penalty of not
more than $100,000 for each violation. A separate violation occurs
for each day the violation continues. The maximum civil penalty
under this paragraph for a related series of violations is
$1,000,000.
(2) A person violating a standard or order under section 60103 or
60111 of this title is liable to the Government for a civil penalty
of not more than $50,000 for each violation. A penalty under this
paragraph may be imposed in addition to penalties imposed under
paragraph (1) of this subsection.
(3) A person violating section 60129, or an order issued
thereunder, is liable to the Government for a civil penalty of not
more than $1,000 for each violation. The penalties provided by
paragraph (1) do not apply to a violation of section 60129 or an
order issued thereunder.
(b) Penalty Considerations. - In determining the amount of a
civil penalty under this section -
(1) the Secretary shall consider -
(A) the nature, circumstances, and gravity of the violation,
including adverse impact on the environment;
(B) with respect to the violator, the degree of culpability,
any history of prior violations, the ability to pay, and any
effect on ability to continue doing business; and
(C) good faith in attempting to comply; and
(2) the Secretary may consider -
(A) the economic benefit gained from the violation without
any reduction because of subsequent damages; and
(B) other matters that justice requires.
(c) Collection and Compromise. - (1) The Secretary may request
the Attorney General to bring a civil action in an appropriate
district court of the United States to collect a civil penalty
imposed under this section.
(2) The Secretary may compromise the amount of a civil penalty
imposed under this section before referral to the Attorney General.
(d) 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.
(e) Deposit in Treasury. - Amounts collected under this section
shall be deposited in the Treasury as miscellaneous receipts.
(f) Prohibition on Multiple Penalties for Same Act. - Separate
penalties for violating a regulation prescribed under this chapter
and for violating an order under section 60112 or 60118(b) of this
title may not be imposed under this chapter if both violations are
based on the same act.