General criminal penalty when specific penalty not provided

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§526. General criminal penalty when specific penalty not provided

When another criminal penalty is not provided under a provision of this chapter, subchapter III of chapter 311 (except sections 31138 and 31139), or section 31502 of this title, a person that knowingly and willfully violates any of those provisions or a regulation or order of the Secretary of Transportation under any of those provisions, related to transportation by motor carrier, motor carrier of migrant workers, or motor private carrier, shall be fined at least $100 but not more than $500 for the first violation and at least $200 but not more than $500 for a subsequent violation. A separate violation occurs each day the violation continues.

( Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2437 ; Pub. L. 98–554, title II, §213(c), Oct. 30, 1984, 98 Stat. 2844 ; Pub. L. 103–272, §5(m)(12), July 5, 1994, 108 Stat. 1377 .)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
526 49:304(a)(3) (last sentence) (related to "Sec. 322(a)"). Feb. 4, 1887, ch. 104, 24 Stat. 379 , §204(a)(3) (last sentence) (related to "Sec. 222(a)"); added Aug. 9, 1935, ch. 498, 49 Stat. 546 .
  49:304(a)(3a) (last sentence) (related to "Sec. 322(a)"). Feb. 4, 1887, ch. 104, 24 Stat. 379 , §204(a)(3a) (last sentence) (related to "Sec. 222(a)"); added Aug. 3, 1956, ch. 905, §2, 70 Stat. 958 .
  49:1655(f)(2). Oct. 15, 1966, Pub. L. 89–670, §6(f)(2), 80 Stat. 940 .

The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:

 
Section 52649 U.S. CodeRevised Section
  322(a). 11914

See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:

The reference to a certificate, permit, or licence is omitted as not applicable to this chapter. The text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed.

Amendments

1994-Pub. L. 103–272 substituted "a provision of this chapter, subchapter III of chapter 311 (except sections 31138 and 31139), or section 31502 of this title, a person that knowingly and willfully violates any of those provisions or a regulation or order of the Secretary of Transportation under any of those provisions" for "this chapter, section 3102 of this title, or the Motor Carrier Safety Act of 1984, a person that knowingly and willfully violates a provision of this chapter or such section or Act, or a regulation or order of the Secretary of Transportation under this chapter or such section or Act".

1984-Pub. L. 98–554 inserted ", section 3102 of this title, or the Motor Carrier Safety Act of 1984" after "chapter" the first place it appears and inserted "or such section or Act" after "chapter" the second and third places it appears.


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