49 CFR Part 578 — Civil and Criminal Penalties

PART 578—CIVIL AND CRIMINAL PENALTIES Authority: Pub. L. 92-513, Pub. L. 94-163, Pub. L. 98-547, Pub. L. 101-410, Pub. L. 102-388, Pub. L. 102-519, Pub. L. 104-134, Pub. L. 109-59, Pub. L. 110-140, Pub. L. 112-141, Pub. L. 114-74, Pub. L. 114-94 (49 U.S.C. 30165, 30170, 30505, 32308, 32309, 32507, 32709, 32710, 32902, 32912, 33114, and 33115); delegation of authority at 49 CFR 1.81, 1.95. Source: 62 FR 5169, Feb. 4, 1997, unless otherwise noted. § 578.1 Scope 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). [81 FR 10527, Mar. 1, 2016] § 578.2 Purpose. 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). [81 FR 10527, Mar. 1, 2016] § 578.3 Applicability. 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. [81 FR 10527, Mar. 1, 2016] § 578.4 Definitions. 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 Civil penalty (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 Person Respondent [62 FR 5169, Feb. 4, 1997, as amended at 65 FR 81419, Dec. 26, 2000; 81 FR 10528, Mar. 1, 2016] § 578.5 Inflationary adjustment of civil penalties. 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. [83 FR 60753, Nov. 27, 2018] § 578.6 Civil penalties for violations of specified provisions of Title 49 of the United States Code. (a) Motor vehicle safety In general. (2) School buses. (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. (4) False and misleading reports. (b) National Automobile Title Information System. (c) Bumper standards. (i) That does not comply with a standard prescribed under 49 U.S.C. 32502; or (ii) For which a certificate is not provided, or for which a false or misleading certificate is provided, under 49 U.S.C. 32504. (2) The maximum civil penalty under this paragraph (c) for a related series of violations is $4,064,690. (d) Consumer information Crash-worthiness and damage susceptibility. (2) Consumer tire information. (e) Country of origin content labeling. (f) Odometer tampering and disclosure. (2) A person that violates 49 U.S.C. Chapter 327 or a regulation in this chapter prescribed or order issued thereunder, with intent to defraud, is liable for three times the actual damages or $13,676, whichever is greater. (g) Vehicle theft protection. (2) A person that violates 49 U.S.C. 33114(a)(5) is liable to the United States Government for a civil penalty of not more than $222,609 a day for each violation. (h) Automobile fuel economy. (2) Except as provided in 49 U.S.C. 32912(c), a manufacturer that violates a standard prescribed for a model year under 49 U.S.C. 32902 is liable to the United States Government for a civil penalty of $17 (for model years before model year 2019, the civil penalty is $5.50; for model years 2019 through 2021, the civil penalty is $14; for model year 2022, the civil penalty is $15; for model year 2023, the civil penalty is $16; for model year 2024, the civil penalty is $17), multiplied by each .1 of a mile a gallon by which the applicable average fuel economy standard under that section exceeds the average fuel economy— (i) Calculated under 49 U.S.C. 32904(a)(1)(A) or (B) for automobiles to which the standard applies produced by the manufacturer during the model year; (ii) Multiplied by the number of those automobiles; and (iii) Reduced by the credits available to the manufacturer under 49 U.S.C. 32903 for the model year. (3) If a higher amount for each .1 of a mile a gallon to be used in calculating a civil penalty under paragraph (h)(2) of this section is prescribed pursuant to the process provided in 49 U.S.C. 32912(c), the amount prescribed may not be more than $33 for each .1 of a mile a gallon. (i) Medium- and heavy-duty vehicle fuel efficiency. [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] § 578.7 Criminal safe harbor provision. (a) Scope. (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. (c) Sufficient manner of correction. (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, and (ii) The specific predicate under which the improper or omitted report should have been provided (e.g., the report was required by a specified regulation, NHTSA Information Request, or NHTSA Special Order). (2) Submit the complete and correct information that was required to be submitted but was improperly submitted or was not previously submitted, including relevant documents that were not previously submitted, or, if the person cannot do so, provide a detailed description of that information and/or the content of those documents and the reason why the individual cannot provide them to NHTSA (e.g., the information or documents are not in the individual's possession or control). (3) For a corporation, the submission must be signed by an authorized person (ordinarily, the individual officer or employee who submitted the improper report or who should have provided the report that the corporation failed to submit on behalf of the company, or someone in the company with authority to make such a submission). (4) Submissions must be made by a means which permits the sender to verify promptly that the report was in fact received by NHTSA and the day it was received by NHTSA. (5) Submit the report to Chief Counsel (NCC-10), National Highway Traffic Safety Administration, Room 5219, 400 Seventh Street, SW., Washington, DC 20590. [65 FR 81419, Dec. 26, 2000, as amended at 66 FR 38384, July 24, 2001] § 578.8 Civil penalty factors under 49 U.S.C. Chapter 301. (a) General civil penalty factors. (1) Nature of the violation (2) Circumstances of the violation (3) Extent of the violation (4) Gravity of the violation (b) Discretionary civil penalty factors. (1) The nature of the defect or noncompliance (2) Knowledge by the respondent of its obligations under this chapter (3) The severity of the risk of injury (4) The occurrence or absence of injury (5) The number of motor vehicles or items of motor vehicle equipment distributed with the defect or noncompliance (6) Actions taken by the respondent to identify, investigate, or mitigate the condition (7) The appropriateness of such penalty in relation to the size of the business of the respondent, including the potential for undue adverse economic impacts. (8) Whether the respondent has been assessed civil penalties under this section during the most recent 5 years (9) Other appropriate factors [81 FR 10528, Mar. 1, 2016]

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