cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
8 rows where agency = "NHTSA" and part_number = 578 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 49:49:7.1.1.1.7.0.1.1 | 49 | Transportation | V | 578 | PART 578—CIVIL AND CRIMINAL PENALTIES | § 578.1 Scope | NHTSA | [81 FR 10527, Mar. 1, 2016] | This part specifies the civil penalties for violations of statutes and regulations administered by the National Highway Traffic Safety Administration (NHTSA), as adjusted for inflation. This part also sets forth NHTSA's interpretation of the civil penalty factors listed in 49 U.S.C. 30165(c). In addition, this part sets forth the requirements 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). | ||||||
| 49:49:7.1.1.1.7.0.1.2 | 49 | Transportation | V | 578 | PART 578—CIVIL AND CRIMINAL PENALTIES | § 578.2 Purpose. | NHTSA | [81 FR 10527, Mar. 1, 2016] | One purpose of this part is to effectuate the remedial impact of civil penalties and to foster compliance with the law by specifying the civil penalties for statutory and regulatory violations, as adjusted for inflation. Another purpose of this part is to set forth NHTSA's interpretation of the civil penalty factors listed in 49 U.S.C. 30165(c). A third purpose of this part is to set forth the requirements 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). | ||||||
| 49:49:7.1.1.1.7.0.1.3 | 49 | Transportation | V | 578 | PART 578—CIVIL AND CRIMINAL PENALTIES | § 578.3 Applicability. | NHTSA | [81 FR 10527, Mar. 1, 2016] | This part applies to civil penalties for violations of Chapters 301, 305, 323, 325, 327, 329, and 331 of Title 49 of the United States Code or a regulation prescribed thereunder. This part applies to civil penalty factors under section 30165(c) of Title 49 of the United States Code. This part also applies to the criminal penalty safe harbor provision of section 30170 of Title 49 of the United States Code. | ||||||
| 49:49:7.1.1.1.7.0.1.4 | 49 | Transportation | V | 578 | PART 578—CIVIL AND CRIMINAL PENALTIES | § 578.4 Definitions. | NHTSA | [62 FR 5169, Feb. 4, 1997, as amended at 65 FR 81419, Dec. 26, 2000; 81 FR 10528, Mar. 1, 2016] | 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 in the appropriate statute. Administrator means the Administrator 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 by Federal law; and (2) Is assessed, compromised, collected, or enforced by NHTSA pursuant to Federal law. NHTSA means the National Highway Traffic Safety Administration. Person means any individual, corporation, company, limited liability company, trust, association, firm, partnership, society, joint stock company, or any other entity. Respondent means any person charged with liability for a civil penalty for a violation of sections 30112, 30115, 30117 through 30122, 30123(a), 30125(c), 30127, 30141 through 30147, or 30166 of Title 49 of the United States Code or a regulation prescribed under any of those sections. | ||||||
| 49:49:7.1.1.1.7.0.1.5 | 49 | Transportation | V | 578 | PART 578—CIVIL AND CRIMINAL PENALTIES | § 578.5 Inflationary adjustment of civil penalties. | NHTSA | [83 FR 60753, Nov. 27, 2018] | The civil penalties set forth in this part continue in effect until adjusted by the Administrator. The Administrator shall review the amount of these civil penalties annually and will, if appropriate, adjust them by rule. | ||||||
| 49:49:7.1.1.1.7.0.1.6 | 49 | Transportation | V | 578 | PART 578—CIVIL AND CRIMINAL PENALTIES | § 578.6 Civil penalties for violations of specified provisions of Title 49 of the United States Code. | NHTSA | [81 FR 43528, July 5, 2016, as amended at 83 FR 60753, Nov. 27, 2018; 84 FR 36034, July 26, 2019; 84 FR 37078, July 31, 2019; 86 FR 1763, Jan. 11, 2021; 86 FR 3026, Jan. 14, 2021; 86 FR 23259, May 3, 2021; 87 FR 15872, Mar. 21, 2022; 87 FR 19007, Apr. 1, 2022; 88 FR 1131, Jan. 6, 2023; 88 FR 89567, Dec. 28, 2023; 89 FR 106300, Dec. 30, 2024] | (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 in this chapter prescribed under any of those sections is liable to the United States Government for a civil penalty of not more than $27,874 for each violation. A separate violation occurs 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 sections. The maximum civil penalty under this paragraph (a)(1) for a related series of violations is $139,356,994. (2) School buses. (i) Notwithstanding paragraph (a)(1) of this section, a person who: (A) Violates section 30112(a)(1) of Title 49 United States Code by the manufacture, sale, offer for sale, introduction or delivery for introduction into interstate commerce, or importation of a school bus or school bus equipment (as those terms are defined in 49 U.S.C. 30125(a)); or (B) Violates section 30112(a)(2) of Title 49 United States Code, shall be subject to a civil penalty of not more than $15,846 for each violation. A separate violation occurs for each motor vehicle or item of motor vehicle equipment and for each failure or refusal to allow or perform an act required by this section. The maximum penalty under this paragraph (a)(2)(i)(B) for a related series of violations is $23,769,723. (3) Section 30166. A person who violates Section 30166 of Title 49 of the United States Code or a regulation in this chapter prescribed 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 maximum penalty under this paragraph (a)(3) is $27,874 per violation per day. The maximum penalty under this paragraph (a)(3) for a related series of daily violations is $139,356,994. (4) False and misleading reports. A person who knowingly and willfully submi… | ||||||
| 49:49:7.1.1.1.7.0.1.7 | 49 | Transportation | V | 578 | PART 578—CIVIL AND CRIMINAL PENALTIES | § 578.7 Criminal safe harbor provision. | NHTSA | [65 FR 81419, Dec. 26, 2000, as amended at 66 FR 38384, July 24, 2001] | (a) Scope. This section sets forth the requirements 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)(2), which provides that a person described in 49 U.S.C. 30170(a)(1) is not subject to criminal penalties thereunder if: (1) At the time of the violation, such person does not know that the violation would result in an accident causing death or serious bodily injury; and (2) The person corrects any improper reports or failure to report, with respect to reporting requirements of 49 U.S.C. 30166, within a reasonable time. (b) Reasonable time. A correction is considered to have been performed within a reasonable time if the person seeking protection from criminal liability 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 corrects any failure 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, pursuant to 49 U.S.C. 30166, including a regulation, requirement, request or order issued thereunder. In order to meet these reasonable time requirements, all 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 protection from criminal penalties under 49 U.S.C. 30170(a)(2) must comply with the following with respect to each improper 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 document submission), 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, a… | ||||||
| 49:49:7.1.1.1.7.0.1.8 | 49 | Transportation | V | 578 | PART 578—CIVIL AND CRIMINAL PENALTIES | § 578.8 Civil penalty factors under 49 U.S.C. Chapter 301. | NHTSA | [81 FR 10528, Mar. 1, 2016] | (a) General civil penalty factors. This subsection interprets the terms nature, circumstances, extent, and gravity of the violation consistent with the factors in 49 U.S.C. 30165(c). (1) Nature of the violation means the essential, fundamental character or constitution of the violation. It includes but is not limited to the nature of a safety-related defect or noncompliance. It also includes what the violation involves. (2) Circumstances of the violation means the context, facts, and conditions having bearing on the violation. (3) Extent of the violation means the range of inclusiveness over which the violation extends including the scope, time frame and/or the degree of the violation. This includes the number of violations and whether the violations are related or unrelated. (4) Gravity of the violation means the importance, significance, and/or seriousness of the violation. (b) Discretionary civil penalty factors. Paragraph (b) of this section interprets the nine discretionary factors in 49 U.S.C. 30165(c)(1) through (9) that NHTSA may apply in making civil penalty amount determinations. (1) The nature of the defect or noncompliance means the essential, fundamental characteristic or constitution of the defect or noncompliance. “Defect” is as defined in 49 U.S.C. 30102(a)(2). “Noncompliance” under this factor includes a noncompliance with a Federal Motor Vehicle Safety Standard (“FMVSS”), as well as other violations subject to penalties under 49 U.S.C. 30165. When considering the nature of a safety-related defect or noncompliance with an FMVSS, NHTSA may examine the conditions or circumstances under which the defect or noncompliance arises, the performance problem, and actual and probable consequences of the defect or noncompliance. When considering the nature of the noncompliance with the Safety Act or a regulation promulgated thereunder, NHTSA may also examine the circumstances surrounding the violation. (2) Knowledge by the respondent of its obligations under this chapter means all knowle… |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);