• NHTSA Proposes Increases in Maximum Civil Penalties
  • September 13, 2012 | Authors: Rebecca Baden Chaney; Scott L. Winkelman
  • Law Firm: Crowell & Moring LLP - Washington Office
  • 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.