49-U.S.C.-30163
§30163 – Actions By The Attorney General
Pathway
Title 49 > Subtitle VI > Part A > Chapter 301 > Subchapter IV > Section 30163
Details
- Reference: Section 30163
- Legend: §30163 – Actions By The Attorney General
- USCode Year: 2013
Provision Content
(a) Civil Actions To Enforce.—The Attorney General may bring a civil action in a United States district court to enjoin—
(1) a violation of this chapter or a regulation prescribed or order issued under this chapter; and
(2) the sale, offer for sale, or introduction or delivery for introduction, in interstate commerce, or the importation into the United States, of a motor vehicle or motor vehicle equipment for which it is decided, before the first purchase in good faith other than for resale, that the vehicle or equipment—
(A) contains a defect related to motor vehicle safety about which notice was given under section 30118(c) of this title or an order was issued under section 30118(b) of this title; or
(B) does not comply with an applicable motor vehicle safety standard prescribed under this chapter.
(b) Prior Notice.—When practicable, the Secretary of Transportation shall notify a person against whom a civil action under subsection (a) of this section is planned, give the person an opportunity to present that persons views, and, except for a knowing and willful violation of this chapter, give the person a reasonable opportunity to remedy the defect or comply with the applicable motor vehicle safety standard prescribed under this chapter. Failure to give notice and an opportunity to remedy the defect or comply with the applicable motor vehicle safety standard prescribed under this chapter does not prevent a court from granting appropriate relief.
(c) Venue.—Except as provided in section 30121(d) of this title, a civil action under this section or section 30165(a) of this title may be brought in the judicial district in which the violation occurred or the defendant is found, resides, or does business. Process in the action may be served in any other judicial district in which the defendant resides or is found.
(d) Jury Trial Demand.—In a trial for criminal contempt for violating an injunction or restraining order issued under subsection (a) of this section, the violation of which is also a violation of this chapter, the defendant may demand a jury trial. The defendant shall be tried as provided in rule 42(b) of the Federal Rules of Criminal Procedure (18 App. U.S.C.).
(e) Subpenas for Witnesses.—In a civil action brought under this section, a subpena for a witness may be served in any judicial district.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 967.)
| Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30163(a) | 15:1399(a) (1st sentence). | Sept. 9, 1966, Pub. L. 89–563, §110(a), (c), 80 Stat. 723, 724; Oct. 27, 1974, Pub. L. 93–492, §§102(b)(2), 103(c), 88 Stat. 1477, 1478. |
| 15:1424(b) (related to injunctions). | Sept. 9, 1966, Pub. L. 89–563, §204(b) (related to injunctions), 80 Stat. 729. | |
| 30163(b) | 15:1399(a) (2d, last sentences). | |
| 30163(c) | 15:1399(c). | |
| 30163(d) | 15:1399(b). | Sept. 9, 1966, Pub. L. 89–563, §110(b), (d) (related to §110), 80 Stat. 723, 724. |
| 30163(e) | 15:1399(d) (related to 15:1399). |
In subsection (a), before clause (1), the text of 15:1424(b) (related to injunctions) is omitted because of the restatement. The words The Attorney General may bring a civil action are substituted for upon petition by . . . the Attorney General for consistency. The words the appropriate United States attorney or . . . on behalf of the United States are omitted as surplus. The words for cause shown and subject to the provisions of rule 65(a) and (b) of the Federal Rules of Civil Procedure are omitted as surplus. In clause (1), the words a regulation prescribed or order issued under this chapter are substituted for (or rules, regulations or orders thereunder) for clarity and consistency and because rule and regulation are synonymous. In clause (2), before subclause (A), the words that the vehicle or equipment are added for clarity. The words of such vehicle and purposes are omitted as surplus. In subclause (B), the words does not comply with are substituted for is determined . . . not to conform to for clarity and consistency.
In subsections (b), (c), and (e), the word civil is added because of rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
In subsection (b), the words comply with the applicable motor vehicle safety standard prescribed under this chapter are substituted for achieve compliance, and the words a court are added, for clarity.
In subsection (c), the words any act or transaction constituting the are omitted as surplus. The word resides is substituted for is an inhabitant for consistency in the revised title. The words the action are substituted for such cases for consistency.
In subsection (d), the words the defendant may demand a jury trial are substituted for trial shall be by the court, or, upon demand of the accused, by a jury to eliminate unnecessary words and for consistency in the revised title.
In subsection (e), the words who are required to attend a United States district court are omitted as surplus. The words be served in are substituted for run into for clarity.
U.S. Encyclopedia of Law Coverage
49-U.S.C.-30162 in the Legal Encyclopedia: Transportation
In this entry about 49-U.S.C.-30162, find legal reference material, bibliographies and premiere content related to transportation in the American Encyclopedia of Law, presenting a comprehensive view of the United States transportation-specific issues, written by authorities in the field.
49-U.S.C.-30161 in the Legal Encyclopedia: Transport Programs
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49-U.S.C.-30124 in the Legal Encyclopedia: Motor Vehicle Programs
In this entry about 49-U.S.C.-30124, find legal reference material, bibliographies and premiere content related to motor vehicle programs in the American Encyclopedia of Law, presenting a comprehensive view of the United States motor vehicle programs-specific issues, written by authorities in the field.
49-U.S.C.-30118 in the Legal Encyclopedia: Motor Vehicle
In this entry about 49-U.S.C.-30118, find legal reference material, bibliographies and premiere content related to motor vehicle in the American Encyclopedia of Law, presenting a comprehensive view of the United States motor vehicle-specific issues, written by authorities in the field.
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