49-U.S.C.-5122
§5122 – Enforcement
Pathway
Title 49 > Subtitle III > Chapter 51 > Section 5122
Details
- Reference: Section 5122
- Legend: §5122 – Enforcement
- USCode Year: 2013
Provision Content
(a) General.—At the request of the Secretary, the Attorney General may bring a civil action in an appropriate district court of the United States to enforce this chapter or a regulation prescribed or order, special permit, or approval issued under this chapter. The court may award appropriate relief, including a temporary or permanent injunction, punitive damages, and assessment of civil penalties considering the same penalty amounts and factors as prescribed for the Secretary in an administrative case under section 5123.
(b) Imminent Hazards.—(1) If the Secretary has reason to believe that an imminent hazard exists, the Secretary may bring a civil action in an appropriate district court of the United States—
(A) to suspend or restrict the transportation of the hazardous material responsible for the hazard; or
(B) to eliminate or mitigate the hazard.
(2) On request of the Secretary, the Attorney General shall bring an action under paragraph (1) of this subsection.
(c) Withholding of Clearance.—(1) If any owner, operator, or individual in charge of a vessel is liable for a civil penalty under section 5123 of this title or for a fine under section 5124 of this title, or if reasonable cause exists to believe that such owner, operator, or individual in charge may be subject to such a civil penalty or fine, the Secretary of Homeland Security, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 60105 of title 46.
(2) Clearance refused or revoked under this subsection may be granted upon the filing of a bond or other surety satisfactory to the Secretary.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 780; Pub. L. 104–324, title III, §312(a), Oct. 19, 1996, 110 Stat. 3920; Pub. L. 109–59, title VII, §§7119, 7126, Aug. 10, 2005, 119 Stat. 1905, 1909; Pub. L. 109–304, §17(h)(1), Oct. 6, 2006, 120 Stat. 1709.)
| Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5122(a) | 49 App.:1808(a) (last sentence words after semicolon). | Jan. 3, 1975, Pub. L. 93–633, §§109(a) (last sentence words after semicolon), 111(a), 88 Stat. 2159, 2161. |
| 49 App.:1810(a). | ||
| 5122(b) | 49 App.:1810(b). | Jan. 3, 1975, Pub. L. 93–633, §111(b), 88 Stat. 2161; Nov. 16, 1990, Pub. L. 101–615, §3(b), 104 Stat. 3247. |
In this section, the words bring a civil action are substituted for bring an action in in 49 App.:1810 and petition . . . for an order . . . for such other order for consistency in the revised title and with other titles of the United States Code.
In subsection (a), the text of 49 App.:1808(a) (last sentence words after semicolon) and the words for equitable relief in 49 App.:1810(a) are omitted as surplus. The words enforce this chapter are substituted for redress a violation by any person of a provision of this chapter to eliminate unnecessary words. The words regulation prescribed or order issued are substituted for order or regulation issued for consistency in the revised title and with other titles of the Code. The words The court may award appropriate relief, including are substituted for Such district courts shall have jurisdiction to determine such actions and may grant such relief as is necessary or appropriate, including mandatory or prohibitive injunctive relief, interim equitable relief, and to eliminate unnecessary words.
In subsection (b)(1), before clause (A), the words as is necessary are omitted as surplus.
Amendments
2006—Subsec. (c)(1). Pub. L. 109–304 substituted Secretary of Homeland Security and section 60105 of title 46 for Secretary of the Treasury and section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91), respectively.
2005—Subsec. (a). Pub. L. 109–59, §7126, substituted Secretary for Secretary of Transportation.
Pub. L. 109–59, §7119(a), substituted this chapter or a regulation prescribed or order, special permit, or approval for this chapter or a regulation prescribed or order and The court may award appropriate relief, including a temporary or permanent injunction, punitive damages, and assessment of civil penalties considering the same penalty amounts and factors as prescribed for the Secretary in an administrative case under section 5123 for The court may award appropriate relief, including punitive damages.
Subsec. (b)(1)(B). Pub. L. 109–59, §7119(b), substituted or mitigate the hazard for or ameliorate the hazard.
1996—Subsec. (c). Pub. L. 104–324 added subsec. (c).
U.S. Encyclopedia of Law Coverage
49-U.S.C.-5121 in the Legal Encyclopedia: Transportation
In this entry about 49-U.S.C.-5121, 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.-5111 in the Legal Encyclopedia: Transport Programs
In this entry about 49-U.S.C.-5111, find legal reference material, bibliographies and premiere content related to transport programs in the American Encyclopedia of Law, presenting a comprehensive view of the United States transport programs-specific issues, written by authorities in the field.
Leave a Reply