(a)
(A) may bring the action only after 60 days after the person has given notice of the violation to the Secretary of Transportation or to the appropriate State authority (when the violation is alleged to have occurred in a State certified under section 60105 of this title) and to the person alleged to have committed the violation;
(B) may not bring the action if the Secretary or authority has begun and diligently is pursuing an administrative proceeding for the violation; and
(C) may not bring the action if the Attorney General of the United States, or the chief law enforcement officer of a State, has begun and diligently is pursuing a judicial proceeding for the violation.
(2) The Secretary shall prescribe the way in which notice is given under this subsection.
(3) The Secretary, with the approval of the Attorney General, or the Attorney General may intervene in an action under paragraph (1) of this subsection.
(b)
(1) based on the actual time spent and the reasonable expenses of the attorney for legal services provided to a person under this section; and
(2) computed at the rate prevailing for providing similar services for actions brought in the court awarding the fee.
(c)
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60121(a)(1) | 49 App.:1686(a), (b) (1st sentence). | Aug. 12, 1968,
|
| 49 App.:2014(a), (b) (1st sentence). | Nov. 30, 1979,
|
|
| 60121(a)(2) | 49 App.:1686(b) (last sentence). | |
| 49 App.:2014(b) (last sentence). | ||
| 60121(a)(3) | 49 App.:1686(c). | |
| 49 App.:2014(c). | ||
| 60121(b) | 49 App.:1686(e). | |
| 49 App.:2014(e). | ||
| 60121(c) | 49 App.:1686(f). | |
| 49 App.:2014(f). | ||
| 60121(d) | 49 App.:1686(d). | |
| 49 App.:2014(d). |
In subsection (a)(1), before clause (A), the text of 49 App.:1686(a) (last sentence, words after the comma) and 2014(a) (last sentence, words after the comma) is omitted as surplus because the amount in controversy is no longer a criterion. The word "bring" is substituted for "commence" for consistency in the revised title and with other titles of the United States Code. The words "mandatory or prohibitive", "including interim equitable relief", "State, municipality, or", and "alleged to be" are omitted as surplus. The word "prescribed" is added for consistency in the revised title and with other titles of the Code.
In subsection (a)(2), the words "by regulation" are omitted as surplus because of 49:322(a).
In subsection (a)(3), the words "as a matter of right" are omitted as surplus.
In subsection (b), before clause (1), the words "in the interest of justice" and "of suit, including" are omitted as surplus. In clause (1), the words "by an attorney" and "advice and other" are omitted as surplus. The words "provided to a person under this section" are substituted for "providing . . . in connection with representing a person in an action brought under this section" to eliminate unnecessary words.
In subsection (c), the word "Federal" is omitted as surplus. The words "prescribed under this chapter" are added for clarity.
In subsection (d), the words "enforcement of this chapter or any order or regulation under this chapter or to seek any other" are omitted as surplus.