Page:United States Statutes at Large Volume 108 Part 2.djvu/252

 108 STAT. 968 PUBLIC LAW 103-272—JULY 5, 1994 scribed under this chapter does not prevent a court from granting appropriate rehef. (c) VENUE. —Except as provided in section 30121(d) of this title, a civil action under this section or section 30165(a) of this title may be brought in the judicial district in which the violation occurred or the defendant is found, resides, or does business. Process in the action may be served in any other judicial district in which the defendant resides or is found. (d) JURY TRIAL DEMAND.—In a trial for criminal contempt for violating an injunction or restraining order issued under subsection (a) of this section, the violation of which is also a violation of this^chapter, the defendant may demand a jury trial. The defendant shall be tried as provided in rule 42(b) of the Federal Rules of Criminal Procedure (18 App. U.S.C). (e) SUBPENAS FOR WITNESSES.— In a civil action brought under this section, a subpena for a witness may be served in any judicial district. § 30164. Service of process (a) DESIGNATING AGENTS.—^A manufacturer offering a motor vehicle or motor vehicle equipment for import shall designate an agent on whom service of notices and process in administrative and judicial proceedings may be made. The designation shall be in writing and filed with the Secretary of Transportation. The designation may be changed in the same way as originally made. (b) SERVICE.— An agent may be served at the agent's office or usual place of residence. Service on the agent is deemed to be service on the manufacturer. If a manufacturer does not designate an agent, service may be made by posting the notice or process in the office of the Secretary. §30165. Civil penalty (a) PENALTY.—A person that violates section 30112, 30115, 30117-30122, 30123(d), 30125(c),.3 0127, 30141-30147, or 30166 of this title or a regulation prescribed under those sections is liable to the United States Government for a civil penalty of not more than $1,000 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 those sections. The maximum penalty under this subsection for a related series of violations is $800,000. (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) CONSIDERATIONS.— In determining the amount of a civil penalty or compromise, the appropriateness of the penalty or compromise to the size of the business of the person charged and the gravity of the violation shall be considered. (d) SuBPENAS FOR WITNESSES.— In a civil action brought under this section, a subpena for a witness may be served in any judicial district.

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