State Codes and Statutes

Statutes > Pennsylvania > Title-75 > Chapter-41 > 4108

§ 4108. Injunctive relief. (a) General rule.--Upon petition by the department, any court of competent jurisdiction in this Commonwealth may, for cause shown, restrain violations of this part or restrain the sale, offer for sale or use of any item of vehicle equipment which is determined to be in violation of this part or regulations promulgated pursuant thereto. (b) Notice of contemplated action.--Whenever practicable, the department shall give notice to any person against whom an action for injunctive relief is contemplated and afford an opportunity to present views and, except in the case of a knowing and willful violation, shall afford reasonable opportunity to achieve compliance. The failure to give notice and afford such opportunity shall not preclude the granting of appropriate relief. (c) Nonjury criminal contempt proceedings.--In any proceeding for criminal contempt for violation of an injunction or restraining order issued under this section, the court shall sit without intervention of a jury. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 amended subsec. (a). Cross References. Section 4108 is referred to in section 4105 of this title; section 4136 of Title 42 (Judiciary and Judicial Procedure).

State Codes and Statutes

Statutes > Pennsylvania > Title-75 > Chapter-41 > 4108

§ 4108. Injunctive relief. (a) General rule.--Upon petition by the department, any court of competent jurisdiction in this Commonwealth may, for cause shown, restrain violations of this part or restrain the sale, offer for sale or use of any item of vehicle equipment which is determined to be in violation of this part or regulations promulgated pursuant thereto. (b) Notice of contemplated action.--Whenever practicable, the department shall give notice to any person against whom an action for injunctive relief is contemplated and afford an opportunity to present views and, except in the case of a knowing and willful violation, shall afford reasonable opportunity to achieve compliance. The failure to give notice and afford such opportunity shall not preclude the granting of appropriate relief. (c) Nonjury criminal contempt proceedings.--In any proceeding for criminal contempt for violation of an injunction or restraining order issued under this section, the court shall sit without intervention of a jury. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 amended subsec. (a). Cross References. Section 4108 is referred to in section 4105 of this title; section 4136 of Title 42 (Judiciary and Judicial Procedure).

State Codes and Statutes

State Codes and Statutes

Statutes > Pennsylvania > Title-75 > Chapter-41 > 4108

§ 4108. Injunctive relief. (a) General rule.--Upon petition by the department, any court of competent jurisdiction in this Commonwealth may, for cause shown, restrain violations of this part or restrain the sale, offer for sale or use of any item of vehicle equipment which is determined to be in violation of this part or regulations promulgated pursuant thereto. (b) Notice of contemplated action.--Whenever practicable, the department shall give notice to any person against whom an action for injunctive relief is contemplated and afford an opportunity to present views and, except in the case of a knowing and willful violation, shall afford reasonable opportunity to achieve compliance. The failure to give notice and afford such opportunity shall not preclude the granting of appropriate relief. (c) Nonjury criminal contempt proceedings.--In any proceeding for criminal contempt for violation of an injunction or restraining order issued under this section, the court shall sit without intervention of a jury. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 amended subsec. (a). Cross References. Section 4108 is referred to in section 4105 of this title; section 4136 of Title 42 (Judiciary and Judicial Procedure).

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