Page:United States Statutes at Large Volume 108 Part 2.djvu/292

 108 STAT. 1008 PUBLIC LAW 103-272-JULY 5, 1994 penalty of not more than $10,000 for each violation. A separate violation occurs for each day the violation continues. (2) The Secretary of Transportation shall impose the penalty by written notice. In determining the amount of the penalty, the Secretary shall consider— (A) the nature, circumstances, extent, and gravity of the violation; (B) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue doing business; and (C) other matters that justice requires. (3) The Secretary of Transportation may compromise the penalty before referring the matter to the Attorney General for collection. (4) The Attorney General shall bring a civil action in an appropriate district court of the United States to collect a penalty referred to the Attorney General for collection under this subsection. (5) The amount of the penalty may be deducted from amounts the Government owes the person. An amount collected under this section shall be deposited in the Treasury as miscellaneous receipts. (g) NONAPPLICATION. — This section does not apply to a motor vehicle having a gross vehicle weight rating of less than 10,000 pounds if the vehicle is not used to transport in interstate or foreign commerce— (1) class A or B explosives; (2) poison gas; or (3) a large quantity of radioactive material. § 31140. Submission of State laws and regulations for review (a) GENERAL.—^A State that enacts a State law or issues a regulation on commercial motor vehicle safety shall submit a copy of the law or regulation to the Secretary of Transportation and the Commercial Motor Vehicle Safety Regulatory Review Panel immediately after the enactment or issuance. (b) ADDITIONAL INFORMATION. —As soon as practicable but not later than a date the Panel may establish, a State that submits a State law or regulation under this section to the Panel shall— (1) indicate in writing to the Panel whether the law or regulation— (A) has the same effect as a regulation prescribed by the Secretary under section 31136 of this title; (B) is less stringent than that regulation; or (C) is additional to or more stringent than that regulation; and (2) submit to the Panel other information the Panel or the Secretary may require to carry out this subchapter. §31141. Review and preemption of State laws and regulations (a) PREEMPTION AFTER DECISION.— ^A State may not enforce a State law or regulation on commercial motor vehicle safety that the Secretary of Transportation decides under this section may not be enforced. (b) ANALYSIS AND DECISIONS BY THE PANEL.—(1) The Commercial Motor Vehicle Safety Regulatory Review Panel annually shall analyze State laws and regulations and decide which of those laws and regulations are related to commercial motor vehicle seifety.

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