49-U.S.C.-60121
§60121 – Actions By Private Persons
Pathway
Title 49 > Subtitle VIII > Chapter 601 > Section 60121
Details
- Reference: Section 60121
- Legend: §60121 – Actions By Private Persons
- USCode Year: 2013
Provision Content
(a) General Authority.—(1) A person may bring a civil action in an appropriate district court of the United States for an injunction against another person (including the United States Government and other governmental authorities to the extent permitted under the 11th amendment to the Constitution) for a violation of this chapter or a regulation prescribed or order issued under this chapter. However, the person—
(A) may bring the action only after 60 days after the person has given notice of the violation to the Secretary of Transportation or to the appropriate State authority (when the violation is alleged to have occurred in a State certified under section 60105 of this title) and to the person alleged to have committed the violation;
(B) may not bring the action if the Secretary or authority has begun and diligently is pursuing an administrative proceeding for the violation; and
(C) may not bring the action if the Attorney General of the United States, or the chief law enforcement officer of a State, has begun and diligently is pursuing a judicial proceeding for the violation.
(2) The Secretary shall prescribe the way in which notice is given under this subsection.
(3) The Secretary, with the approval of the Attorney General, or the Attorney General may intervene in an action under paragraph (1) of this subsection.
(b) Costs and Fees.—The court may award costs, reasonable expert witness fees, and a reasonable attorneys fee to a prevailing plaintiff in a civil action under this section. The court may award costs to a prevailing defendant when the action is unreasonable, frivolous, or meritless. In this subsection, a reasonable attorneys fee is a fee—
(1) based on the actual time spent and the reasonable expenses of the attorney for legal services provided to a person under this section; and
(2) computed at the rate prevailing for providing similar services for actions brought in the court awarding the fee.
(c) State Violations as Violations of This Chapter.—In this section, a violation of a safety standard or practice of a State is deemed to be a violation of this chapter or a regulation prescribed or order issued under this chapter only to the extent the standard or practice is not more stringent than a comparable minimum safety standard prescribed under this chapter.
(d) Additional Remedies.—A remedy under this section is in addition to any other remedies provided by law. This section does not restrict a right to relief that a person or a class of persons may have under another law or at common law.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1324.)
| Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60121(a)(1) | 49 App.:1686(a), (b) (1st sentence). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §19; added Oct. 11, 1976, Pub. L. 94–477, §8, 90 Stat. 2075; Nov. 30, 1979, Pub. L. 96–129, §104(b), 93 Stat. 992. |
| 49 App.:2014(a), (b) (1st sentence). | Nov. 30, 1979, Pub. L. 96–129, §215, 93 Stat. 1014. | |
| 60121(a)(2) | 49 App.:1686(b) (last sentence). | |
| 49 App.:2014(b) (last sentence). | ||
| 60121(a)(3) | 49 App.:1686(c). | |
| 49 App.:2014(c). | ||
| 60121(b) | 49 App.:1686(e). | |
| 49 App.:2014(e). | ||
| 60121(c) | 49 App.:1686(f). | |
| 49 App.:2014(f). | ||
| 60121(d) | 49 App.:1686(d). | |
| 49 App.:2014(d). |
In subsection (a)(1), before clause (A), the text of 49 App.:1686(a) (last sentence, words after the comma) and 2014(a) (last sentence, words after the comma) is omitted as surplus because the amount in controversy is no longer a criterion. The word bring is substituted for commence for consistency in the revised title and with other titles of the United States Code. The words mandatory or prohibitive, including interim equitable relief, State, municipality, or, and alleged to be are omitted as surplus. The word prescribed is added for consistency in the revised title and with other titles of the Code.
In subsection (a)(2), the words by regulation are omitted as surplus because of 49:322(a).
In subsection (a)(3), the words as a matter of right are omitted as surplus.
In subsection (b), before clause (1), the words in the interest of justice and of suit, including are omitted as surplus. In clause (1), the words by an attorney and advice and other are omitted as surplus. The words provided to a person under this section are substituted for providing . . . in connection with representing a person in an action brought under this section to eliminate unnecessary words.
In subsection (c), the word Federal is omitted as surplus. The words prescribed under this chapter are added for clarity.
In subsection (d), the words enforcement of this chapter or any order or regulation under this chapter or to seek any other are omitted as surplus.
U.S. Encyclopedia of Law Coverage
49-U.S.C.-60112 in the Legal Encyclopedia: Transportation
In this entry about 49-U.S.C.-60112, 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.-60112 in the Legal Encyclopedia: Safety
In this entry about 49-U.S.C.-60112, find legal reference material, bibliographies and premiere content related to safety in the American Encyclopedia of Law, presenting a comprehensive view of the United States safety-specific issues, written by authorities in the field.
49-U.S.C.-60101 in the Legal Encyclopedia: Pipelines
In this entry about 49-U.S.C.-60101, find legal reference material, bibliographies and premiere content related to pipelines in the American Encyclopedia of Law, presenting a comprehensive view of the United States pipelines-specific issues, written by authorities in the field.
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