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NHTSA Proposes Increases in Maximum Civil Penalties

Sep.10.2012

This past Friday the Federal Register published the National Highway Traffic Safety Administration's (NHTSA) notice of proposed rulemaking to increase the maximum civil penalties allowable for violations of certain statutes it administers. The proposed rule would adjust the maximum civil penalties for inflation, as required by the Federal Civil Monetary Penalty Inflation Adjustment Act. The proposed rule would provide the following penalty maximum increases:


Rules

Current Maximum Penalty

Proposed Maximum Penalty

Motor Vehicle Safety Rules

49 U.S.C. § 30112, 30115, 30117-30122, 30123(a), 30125(c), 30127, 30141-30147

  • Single per-day violation: $6,000
  • Series of related violations: $16,375,000
  • Single per-day violation: $7,000
  • Series of related violations: $17,350,000;

School Buses

49 U.S.C. § 30112(a)(1), (a)(2)

  • Series of related violations: $16,650,000
  • Series of related violations: $17,250,000

Inspections, Investigations and Records

49 U.S.C. § 30166

  • Single per-day violation: $6,000
  • Series of related violations: $16,375,000
  • Single per-day violation: $7,000
  • Series of related violations: $17,350,000

Bumper Standards

49 U.S.C. § 32506(a)

  • Series of related violations: $1,175,000
  • Series of related violations: $1,225,000

Consumer Information

49 U.S.C. § 32308

  • Series of related violations: $575,000
  • Series of related violations: $600,000

Medium- and Heavy-Duty Vehicle Fuel Efficiency

49 C.F.R. § 535

  • None codified
  • Series of related violations: $37,500 per vehicle or engine

Comments on the proposed rule are due on October 9, 2012. The proposed rule would take effect thirty days after its final publication in the Federal Register. Though no specific date is identified, the Agency anticipates the revised civil penalties to be in place by December 31, 2012.

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For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.

Scott L. Winkelman
Partner – Washington, D.C.
Phone: +1 202.624.2972
Email: swinkelman@crowell.com

Rebecca Baden Chaney
Counsel – Washington, D.C.
Phone: +1 202.624.2772
Email: rchaney@crowell.com