HR 2956 — SAFE Limos Act

(a) General Definitions.— In this chapter— (1) “covered rental vehicle” means a motor vehicle that— (A) has a gross vehicle weight rating of 10,000 pounds or less; (B) is rented without a driver for an initial term of less than 4 months; and (C) is part of a motor vehicle fleet of 35 or more motor vehicles that are used for rental purposes by a rental company. (2) “dealer” means a person selling and distributing new motor vehicles or motor vehicle equipment primarily to purchasers that in good faith purchase the vehicles or equipment other than for resale. (3) “defect” includes any defect in performance, construction, a component, or material of a motor vehicle or motor vehicle equipment. (4) “distributor” means a person primarily selling and distributing motor vehicles or motor vehicle equipment for resale. (5) “interstate commerce” means commerce between a place in a State and a place in another State or between places in the same State through another State. (6) “manufacturer” means a person— (A) manufacturing or assembling motor vehicles or motor vehicle equipment; or (B) importing motor vehicles or motor vehicle equipment for resale. (7) “motor vehicle” means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line. (8) “motor vehicle equipment” means— (A) any system, part, or component of a motor vehicle as originally manufactured; (B) any similar part or component manufactured or sold for replacement or improvement of a system, part, or component, or as an accessory or addition to a motor vehicle; or (C) any device or an article or apparel, including a motorcycle helmet and excluding medicine or eyeglasses prescribed by a licensed practitioner, that— (i) is not a system, part, or component of a motor vehicle; and (ii) is manufactured, sold, delivered, or offered to be sold for use on public streets, roads, and highways with the apparent purpose of safeguarding users of motor vehicles against risk of accident, injury, or death. (9) “motor vehicle safety” means the performance of a motor vehicle or motor vehicle equipment in a way that protects the public against unreasonable risk of accidents occurring because of the design, construction, or performance of a motor vehicle, and against unreasonable risk of death or injury in an accident, and includes nonoperational safety of a motor vehicle. (10) “motor vehicle safety standard” means a minimum standard for motor vehicle or motor vehicle equipment performance. (11) “rental company” means a person who— (A) is engaged in the business of renting covered rental vehicles; and (B) uses for rental purposes a motor vehicle fleet of 35 or more covered rental vehicles, on average, during the calendar year. (12) “State” means a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands. (13) “United States district court” means a district court of the United States, a United States court for Guam, the Virgin Islands, and American Samoa, and the district court for the Northern Mariana Islands. (b) Limited Definitions.— (1) In sections 30117(b), 30118–30121, and 30166(f) of this title— (A) “adequate repair” does not include repair resulting in substantially impaired operation of a motor vehicle or motor vehicle equipment; (B) “first purchaser” means the first purchaser of a motor vehicle or motor vehicle equipment other than for resale; (C) “original equipment” means motor vehicle equipment (including a tire) installed in or on a motor vehicle at the time of delivery to the first purchaser; (D) “replacement equipment” means motor vehicle equipment (including a tire) that is not original equipment; (E) a brand name owner of a tire marketed under a brand name not owned by the manufacturer of the tire is deemed to be the manufacturer of the tire; (F) a defect in original equipment, ...

(a) Civil Penalties.— (1) In general.— A person that violates any of section 30112, 30115, 30117 through 30122, 30123(a), 30125(c), 30127, 30141 through 30147, or 31137, or a regulation prescribed thereunder, is liable to the United States Government for a civil penalty of not more than $21,000 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 penalty under this subsection for a related series of violations is $105,000,000. (2) School buses.— (A) In general.— Notwithstanding paragraph (1), the maximum amount of a civil penalty under this paragraph shall be $10,000 in the case of— (i) 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 section 30125(a) of this title) in violation of section 30112(a)(1) of this title; or (ii) a violation of section 30112(a)(2) of this title. (B) Related series of violations.— 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 that section. The maximum penalty under this paragraph for a related series of violations is $15,000,000. (3) Section 30166.— Except as provided in paragraph (4), a person who violates section 30166 or a regulation 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 is $21,000 per violation per day. The maximum penalty under this paragraph for a related series of daily violations is $105,000,000. (4) False or misleading reports.— A person who knowingly and willfully submits materially false or misleading information to the Secretary, after certifying the same information as accurate under the certification process established pursuant to section 30166(o), shall be subject to a civil penalty of not more than $5,000 per day. The maximum penalty under this paragraph for a related series of daily violations is $1,000,000. (b) Compromise and Setoff.— (1) The Secretary of Transportation may compromise the amount of a civil penalty imposed under this section. (2) The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the person liable for the penalty. (c) Relevant Factors in Determining Amount of Penalty or Compromise.— In determining the amount of a civil penalty or compromise under this section, the Secretary of Transportation shall consider the nature, circumstances, extent, and gravity of the violation. Such determination shall include, as appropriate— (1) the nature of the defect or noncompliance; (2) knowledge by the person charged 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 person charged to identify, investigate, or mitigate the condition; (7) the appropriateness of such penalty in relation to the size of the business of the person charged, including the potential for undue adverse economic impacts; (8) whether the person has been assessed civil penalties under this section during the most recent 5 years; and (9) other appropriate factors. (d) Subpenas for Witnesses.— In a civil action brought under this section, a subpena for a witness may be served in any judicial district.