republic-os/legal/us/code/title-49/chapter-601/section-60121.md

type, title, description, jurisdiction, corpus, kind, title_number, title_name, chapter_number, chapter_name, section, citation, status, release_point, release_date, source, source_url, source_identifier, source_file, source_hash, raw_snapshot_hash, text_hash, retrieved_at, confidence, tags

type	title	description	jurisdiction	corpus	kind	title_number	title_name	chapter_number	chapter_name	section	citation	status	release_point	release_date	source	source_url	source_identifier	source_file	source_hash	raw_snapshot_hash	text_hash	retrieved_at	confidence	tags
LegalText	49 U.S.C. § 60121	Actions by private persons	us	united_states_code	code_section	49	TRANSPORTATION	601	SAFETY	60121	49 U.S.C. § 60121	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip	/us/usc/t49/s60121	data/legal/raw/us/code/title-49/usc49.xml	ea2f084970d6a9e50f4808dcfdb2f00bfe7ded9c17d01e8d4a1ff9a6fad87143	0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb	49be8913cdeb338d0cf22e5d3c068d3be4b1b992397347d5351f5234a1a4b161	2026-07-04	official	legal us-code

49 U.S.C. § 60121 - Actions by private persons

Text

(a) General Authority.— (1) A person may bring a civil action in an appropriate district court of the United States for an injunction against another person (including the United States Government and other governmental authorities to the extent permitted under the 11th amendment to the Constitution) for a violation of this chapter or a regulation prescribed or order issued under this chapter. However, the person—

(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) Costs and Fees.— The court may award costs, reasonable expert witness fees, and a reasonable attorney’s fee to a prevailing plaintiff in a civil action under this section. The court may award costs to a prevailing defendant when the action is unreasonable, frivolous, or meritless. In this subsection, a reasonable attorney’s fee is a fee—

(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) State Violations as Violations of This Chapter.— In this section, a violation of a safety standard or practice of a State is deemed to be a violation of this chapter or a regulation prescribed or order issued under this chapter only to the extent the standard or practice is not more stringent than a comparable minimum safety standard prescribed under this chapter.

(d) Additional Remedies.— A remedy under this section is in addition to any other remedies provided by law. This section does not restrict a right to relief that a person or a class of persons may have under another law or at common law.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1324.)

Notes

Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 60121(a)(1)49 App.:1686(a), (b) (1st sentence).Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 19; added Oct. 11, 1976, Pub. L. 94–477, § 8, 90 Stat. 2075; Nov. 30, 1979, Pub. L. 96–129, § 104(b), 93 Stat. 992.  49 App.:2014(a), (b) (1st sentence).Nov. 30, 1979, Pub. L. 96–129, § 215, 93 Stat. 1014. 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.