What is Failure to Comply?
How do you legally define it?
What are the essential elements you should know!
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Table of Contents
What Is Failure to Comply
“Failure to comply” generally has the meaning that someone has “failed” to “obey” or respect a formal order.
For example, the failure to obey a police officer may result in criminal accusations against the person refusing to comply with the orders of the police.
In other cases, the failure to comply with a lawful order (court notice) may result in a civil judgment adverse to the person who failed to respect the notice.
Let’s look at the legal definition to better understand the concept.
Failure to Comply Definition
How do you define failure to comply?
Failure to comply means “failure to respect” or “failure to obey”.
In legal terms, to fail to comply is to fail to respect an order of a court (judgment) or a public officer vested with the power to issue an order (police officer).
Generally, there is failure when an order has been issued and the person targeted by the order does not comply.
With a Police Officer
What is failure to comply with a police officer?
Police officers are in charge of ensuring we live in a safe and peaceful society.
As a result, this provides them the necessary powers to ensure that we comply with their orders.
For instance, failure to pull over for police is considered a failure to comply with a police officer’s order and can result in criminal charges.
Failure to comply with police orders, in general, is something that may result in criminal accusations or prosecution against the offending party.
For example, in Ohio, Section 2921.331 is titled “Failure to comply with order or signal of police officer” and states further that:
No person shall fail to comply with any lawful order or direction of any police officer invested with authority to direct, control, or regulate traffic.
In Arizona, Section 28-622 A.R.S. is titled “Failure to comply with police officer” and further states that:
A person shall not wilfully fail or refuse to comply with any lawful order or direction of a police officer invested by law with authority to direct, control or regulate traffic.
With Court Order
What is failure to comply with court order?
Failing to comply with a court order can result in either civil or criminal consequences depending on the nature of the failure.
If you are in contempt of court, that’s a severe failure that can result in fines but also incarceration.
If you fail to respect a judgment from a civil court, you are exposed to a seizure (financial consequences as opposed to criminal ones).
With Lawful Order
What is the failure to comply with lawful order?
Failure to comply with a lawful order is a broad statement that can mean either a court-issued order or an order from an official vested with the legal and statutory power to issue an order.
For example, a court is vested with the legal power to render judgments, make orders and rulings binding on the parties of the case.
A police officer is vested with the legal power to order a citizen to comply with his or her orders.
Consequences
What are the consequences of failing to comply?
The answer is that it will depend on the nature of the failure and whether the failure falls into the realm of civil law or criminal law.
In the civil law context, typically failure to comply can result in:
- Loss of legal rights
- Loss of the ability to assert a claim
- Civil fines
- Financial penalties
- Seizures
In criminal law, failure to comply can result in:
- Criminal accusations
- Fines and penalties
- Felony or other charges
- Incarceration or jail sentence
- Impounding of car
- Seizures
- Warrant for arrest
- Probations
For example, 49 CFR § 222.11 (use of locomotive horns at public highway-rail grade crossings) titled “What are the penalties for failure to comply with this part” and further states:
Any person who violates any requirement of this part or causes the violation of any such requirement is subject to a civil penalty of least $908 and not more than $29,707 per violation (…)
Another example is with regards to the U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury recordkeeping obligations.
19 CFR § 163.10 is titled “Failure to comply with court order; penalties” and states:
(a) Monetary penalties. The U.S. district court for any judicial district in which a person served with a Customs summons is found or resides or is doing business may order such person to comply with the summons. Upon the failure of a person to obey a court order to comply with a Customs summons, the court may find such person in contempt and may assess a monetary penalty.
(b) Importations prohibited. If a person fails to comply with a court order to comply with a Customs summons and is adjudged guilty of contempt, the Commissioner of Customs, with the approval of the Secretary of the Treasury, for so long as that person remains in contempt:
(1) May prohibit importation of merchandise by that person, directly or indirectly, or for that person’s account; and
(2) May withhold delivery of merchandise imported by that person, directly or indirectly, or for that person’s account.
(c) Sale of merchandise. If any person remains in contempt for more than 1 year after the Commissioner issues instructions to withhold delivery under paragraph (b)(2) of this section, the merchandise shall be considered abandoned and shall be sold at public auction or otherwise disposed of in accordance with subpart E of part 162 of this chapter.
Takeaways
So what is the legal definition of Failure to Comply?
What does failure to comply mean?
Let’s look at a summary of our findings.
Failure to Comply Meaning
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