DOT 49 CFR PART 578-2010 CIVIL AND CRIMINAL PENALTIES.pdf

1、231 Natl Highway Traffic Safety Admin., DOT 578.3 (6) Where applicable, a statement in-dicating whether the owner will be re-quired to pay an alternative facility and/or parts supplier, subject to reim-bursement by the manufacturer; and (7) If an owner will be required to pay an alternative facility

2、 and/or parts sup-plier, a statement that the owner will be eligible to have those expenditures reimbursed by the manufacturer, and a description of how a consumer may ob-tain information about reimbursement from the manufacturer consistent with 577.11(b)(2), (c) and (d). 67 FR 72393, Dec. 5, 2002 5

3、77.13 Notification to dealers and distributors. (a) The notification to dealers and distributors of a safety-related defect or a noncompliance with a Federal motor vehicle safety standard shall contain a clear statement that identi-fies the notification as being a safety recall notice, an identifica

4、tion of the motor vehicles or items of motor vehi-cle equipment covered by the recall, a description of the defect or noncompli-ance, and a brief evaluation of the risk to motor vehicle safety related to the defect or noncompliance. The notifica-tion shall also include a complete de-scription of the

5、 recall remedy, and the estimated date on which the remedy will be available. Information required by this paragraph that is not available at the time of the original notification shall be provided as it becomes avail-able. (b) The notification shall also include an advisory stating that it is a vio

6、la-tion of Federal law for a dealer to de-liver a new motor vehicle or any new or used item of motor vehicle equip-ment (including a tire) covered by the notification under a sale or lease until the defect or noncompliance is rem-edied. (c) The manufacturer shall, upon re-quest of the Administrator,

7、 dem-onstrate that it sent the required noti-fication to each of its known dealers and distributors and the date of such notification. 69 FR 34960, June 23, 2004, as amended at 70 FR 38815, July 6, 2005 PART 578CIVIL AND CRIMINAL PENALTIES Sec. 578.1 Scope. 578.2 Purpose. 578.3 Applicability. 578.4

8、Definitions. 578.5 Inflationary adjustment of civil pen-alties. 578.6 Civil penalties for violations of speci-fied provisions of Title 49 of the United States Code. 578.7 Criminal safe harbor provision. AUTHORITY: Pub. L. No. 101410, Pub. L. No. 104134, 49 U.S.C. 30165, 30170, 30505, 32304A, 32308,

9、32309, 32507, 32709, 32710, 32912, and 33115 as amended; delegation of authority at 49 CFR 1.50. SOURCE: 62 FR 5169, Feb. 4, 1997, unless oth-erwise noted. 578.1 Scope. This part specifies the civil penalties for violations of statutes administered by the National Highway Traffic Safe-ty Administrat

10、ion, as adjusted for in-flation. This part also sets forth the re-quirements regarding the reasonable time and the manner of correction for a person seeking safe harbor protection from criminal liability under 49 U.S.C. 30170(a). 65 FR 81418, Dec. 26, 2000 578.2 Purpose. One purpose of this part is

11、to pre-serve the remedial impact of civil pen-alties and to foster compliance with the law by specifying the civil pen-alties for statutory violations, as ad-justed for inflation. The other purpose of this part is to set forth the require-ments regarding the reasonable time and the manner of correct

12、ion for a per-son seeking safe harbor protection from criminal liability under 49 U.S.C. 30170(a). 65 FR 81418, Dec. 26, 2000 578.3 Applicability. This part applies to civil penalties for violations of Chapters 301, 305, 323, 325, 327, 329, and 331 of Title 49 of the VerDate Mar2010 10:10 Dec 13, 20

13、10 Jkt 220218 PO 00000 Frm 00241 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-232 49 CFR Ch. V (10110 Edition) 578.4 United States Code. This part also ap-plies to the cri

14、minal penalty safe har-bor provision of section 30170 of Title 49 of the United States Code. 65 FR 81419, Dec. 26, 2000 578.4 Definitions. All terms used in this part that are defined in sections 30102, 30501, 32101, 32702, 32901, and 33101 of Title 49 of the United States Code are used as defined i

15、n the appropriate statute. Administrator means the Adminis-trator of the National Highway Traffic Safety Administration. Civil penalty means any non-criminal penalty, fine, or other sanction that: (1) Is for a specific monetary amount as provided by Federal law, or has a maximum amount provided for

16、by Fed-eral law; and (2) Is assessed, compromised, col-lected, or enforced by NHTSA pursuant to Federal law. NHTSA means the National Highway Traffic Safety Administration. 62 FR 5169, Feb. 4, 1997, as amended at 65 FR 81419, Dec. 26, 2000 578.5 Inflationary adjustment of civil penalties. The civil

17、penalties set forth in this part continue in effect until adjusted by the Administrator. At least once every four years, the Administrator shall review the amount of these civil penalties and will, if appropriate, ad-just them by rule. 578.6 Civil penalties for violations of specified provisions of

18、Title 49 of the United States Code. (a) Motor vehicle safety(1) In general. A person who violates any of sections 30112, 30115, 30117 through 30122, 30123(a), 30125(c), 30127, or 30141 through 30147 of Title 49 of the United States Code or a regulation prescribed under any of those sections is liabl

19、e to the United States Government for a civil penalty of not more than $6,000 for each violation. A separate violation oc-curs 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 sec-tions. The maximum civil pe

20、nalty under this paragraph for a related se-ries of violations is $16,375,000. (2) School buses. Notwithstanding paragraph (a)(1) of this section, a per-son who: (i) Violates section 30112(a)(1) of Title 49 United States Code by the manufac-ture, sale, offer for sale, introduction or delivery for in

21、troduction into inter-state commerce, or importation of a school bus or school bus equipment (as those terms are defined in 49 U.S.C. 30125(a); or (ii) Violates section 30112(a)(2) of Title 49 United States Code, shall be subject to a civil penalty of not more than $11,000 for each violation. A sepa

22、-rate violation occurs for each motor vehicle or item of motor vehicle equip-ment and for each failure or refusal to allow or perform an act required by this section. The maximum penalty under this paragraph for a related se-ries of violations is $16,650,000. (3) Section 30166. A person who vio-late

23、s section 30166 of Title 49 of the United States Code or a regulation pre-scribed under that section is liable to the United States Government for a civil penalty for failing or refusing to allow or perform an act required under that section or regulation. The max-imum penalty under this paragraph i

24、s $6,000 per violation per day. The max-imum penalty under this paragraph for a related series of daily violations is $16,375,000. (b) National Automobile Title Informa-tion System. An individual or entity vio-lating 49 U.S.C. Chapter 305 is liable to the United States Government for a civil penalty

25、 of not more than $1,100 for each violation. (c) Bumper standards. (1) A person that violates 49 U.S.C. 32506(a) is lia-ble to the United States Government for a civil penalty of not more than $1,100 for each violation. A separate violation occurs for each passenger motor vehicle or item of passenge

26、r motor vehicle equipment involved in a violation of 49 U.S.C. 32506(a)(1) or (4) (i) That does not comply with a standard prescribed under 49 U.S.C. 32502, or (ii) For which a certificate is not pro-vided, or for which a false or mis-leading certificate is provided, under 49 U.S.C. 32504. VerDate M

27、ar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00242 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-233 Natl Highway Traffic Safety Admin., DOT 578.7 (2) The maximum civi

28、l penalty under this paragraph (c) for a related series of violations is $1,175,000. (d) Consumer information(1) Crash-worthiness and damage susceptibility. A person that violates 49 U.S.C. 32308(a), regarding crashworthiness and damage susceptibility, is liable to the United States Government for a

29、 civil penalty of not more than $1,100 for each viola-tion. Each failure to provide informa-tion or comply with a regulation in violation of 49 U.S.C. 32308(a) is a sepa-rate violation. The maximum penalty under this paragraph for a related se-ries of violations is $575,000. (2) Consumer tire inform

30、ation. Any per-son who fails to comply with the na-tional tire fuel efficiency program under 49 U.S.C. 32304A is liable to the United States Government for a civil penalty of not more than $50,000 for each violation. (e) Country of origin content labeling. A manufacturer of a passenger motor vehicle

31、 distributed in commerce for sale in the United States that willfully fails to attach the label required under 49 U.S.C. 32304 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 49 U.S.C. 32304, is liable t

32、o the United States Government for a civil penalty of not more than $1,100 for each violation. Each failure to attach or maintain that label for each vehicle is a separate violation. (f) Odometer tampering and disclosure. (1) A person that violates 49 U.S.C. Chapter 327 or a regulation prescribed or

33、 order issued thereunder is liable to the United States Government for a civil penalty of not more than $3,200 for each violation. A separate violation oc-curs for each motor vehicle or device involved in the violation. The max-imum civil penalty under this para-graph for a related series of violati

34、ons is $140,000. (2) A person that violates 49 U.S.C. Chapter 327 or a regulation prescribed or order issued thereunder, with intent to defraud, is liable for three times the actual damages or $2,000, whichever is greater. (g) Vehicle theft protection. (1) A per-son that violates 49 U.S.C. 33114(a)(

35、1) (4) is liable to the United States Gov-ernment for a civil penalty of not more than $1,100 for each violation. The fail-ure of more than one part of a single motor vehicle to conform to an appli-cable standard under 49 U.S.C. 33102 or 33103 is only a single violation. The maximum penalty under th

36、is para-graph for a related series of violations is $350,000. (2) A person that violates 49 U.S.C. 33114(a)(5) is liable to the United States Government for a civil penalty of not more than $140,000 a day for each viola-tion. (h) Automobile fuel economy. (1) A per-son that violates 49 U.S.C. 32911(a

37、) is liable to the United States Government for a civil penalty of not more than $16,000 for each violation. A separate violation occurs for each day the viola-tion continues. (2) Except as provided in 49 U.S.C. 32912(c), a manufacturer that violates a standard prescribed for a model year under 49 U

38、.S.C. 32902 is liable to the United States Government for a civil penalty of $5.50 multiplied by each .1 of a mile a gallon by which the applicable average fuel economy standard under that section exceeds the average fuel economy (i) Calculated under 49 U.S.C. 32904(a)(1)(A) or (B) for automobiles t

39、o which the standard applies manufac-tured by the manufacturer during the model year; (ii) Multiplied by the number of those automobiles; and (iii) Reduced by the credits available to the manufacturer under 49 U.S.C. 32903 for the model year. 62 FR 5169, Feb. 4, 1997, as amended at 64 FR 37878, July

40、 14, 1999; 65 FR 68110, Nov. 14, 2000; 66 FR 41151, Aug. 7, 2001; 69 FR 57866, Sept. 28, 2004; 70 FR 53311, Sept. 8, 2005; 71 FR 28281, May 16, 2006; 73 FR 9956, Feb. 25, 2008; 75 FR 5248, Feb. 2, 2010 578.7 Criminal safe harbor provision. (a) Scope. This section sets forth the requirements regardin

41、g the reasonable time and the manner of correction for a person seeking safe harbor protection from criminal liability under 49 U.S.C. 30170(a)(2), which provides that a per-son described in 49 U.S.C. 30170(a)(1) is not subject to criminal penalties there-under if: VerDate Mar2010 10:10 Dec 13, 2010

42、 Jkt 220218 PO 00000 Frm 00243 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-234 49 CFR Ch. V (10110 Edition) Pt. 579 (1) At the time of the violation, such person does not

43、 know that the viola-tion would result in an accident caus-ing death or serious bodily injury; and (2) The person corrects any improper reports or failure to report, with re-spect to reporting requirements of 49 U.S.C. 30166, within a reasonable time. (b) Reasonable time. A correction is considered

44、to have been performed within a reasonable time if the person seeking protection from criminal li-ability makes the correction to any improper (i.e., incorrect, incomplete, or misleading) report not more than thirty (30) calendar days after the date of the report to the agency and cor-rects any fail

45、ure to report not more than thirty (30) calendar days after the report was due to be sent to or received by the agency, as the case may be, pur-suant to 49 U.S.C. 30166, including a regulation, requirement, request or order issued thereunder. In order to meet these reasonable time require-ments, all

46、 submissions required by this section must be received by NHTSA within the time period specified in this paragraph, and not merely mailed or otherwise sent within that time period. (c) Sufficient manner of correction. Each person seeking safe harbor pro-tection from criminal penalties under 49 U.S.C

47、. 30170(a)(2) must comply with the following with respect to each im-proper report and failure to report for which safe harbor protection is sought: (1) Sign and submit to NHTSA a dated document identifying: (i) Each previous improper report (e.g., informational statement and doc-ument submission),

48、and each failure to report as required under 49 U.S.C. 30166, including a regulation, requirement, request or order issued thereunder, for which protection is sought, and (ii) The specific predicate under which the improper or omitted report should have been provided (e.g., the re-port was required

49、by a specified regula-tion, NHTSA Information Request, or NHTSA Special Order). (2) Submit the complete and correct information that was required to be submitted but was improperly sub-mitted or was not previously sub-mitted, including relevant documents that were not previously submitted, or, if the person cannot do so, provide a detailed description of that informa-tion and/or the content of those docu-ments and the reason why the indi-vidual cann