US (United States) Code. Title 49. Subtitle I: Department of Transportation. Chapter 5: Special Authority

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Transportation

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publicidad

-CITE-

49 USC CHAPTER 5 - SPECIAL AUTHORITY 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 5 - SPECIAL AUTHORITY

-HEAD-

CHAPTER 5 - SPECIAL AUTHORITY

-MISC1-

SUBCHAPTER I - POWERS

Sec.

501. Definitions and application.

502. General authority.

503. Service of notice and process on certain motor

carriers of migrant workers and on motor private

carriers.

504. Reports and records.

505. Arrangements and public records.

506. Authority to investigate.

507. Enforcement.

508. Safety performance history of new drivers; limitation

on liability.

SUBCHAPTER II - PENALTIES

521. Civil penalties.

522. Reporting and record keeping violations.

523. Unlawful disclosure of information.

524. Evasion of regulation of motor carriers.

525. Disobedience to subpenas.

526. General criminal penalty when specific penalty not

provided.

AMENDMENTS

1998 - Pub. L. 105-178, title IV, Sec. 4014(a)(2), June 9, 1998,

112 Stat. 411, added item 508.

1997 - Pub. L. 105-102, Sec. 2(1), Nov. 20, 1997, 111 Stat. 2204,

struck out "DUTIES AND" before "POWERS" in item for heading of

subchapter I.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 113, 13905, 31148 of this

title.

-End-

-CITE-

49 USC SUBCHAPTER I - POWERS 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 5 - SPECIAL AUTHORITY

SUBCHAPTER I - POWERS

-HEAD-

SUBCHAPTER I - POWERS

-MISC1-

AMENDMENTS

1997 - Pub. L. 105-102, Sec. 2(2), Nov. 20, 1997, 111 Stat. 2204,

struck out "AND" before "POWERS".

1995 - Pub. L. 104-88, title III, Sec. 308(c)(1), Dec. 29, 1995,

109 Stat. 947, struck out "DUTIES" before "AND".

-End-

-CITE-

49 USC Sec. 501 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 5 - SPECIAL AUTHORITY

SUBCHAPTER I - POWERS

-HEAD-

Sec. 501. Definitions and application

-STATUTE-

(a) In this chapter -

(1) the definitions in sections 10102 and 13102 of this title

apply.

(2) "migrant worker" has the same meaning given that term in

section 31501 of this title.

(3) "motor carrier of migrant workers" means a motor carrier of

migrant workers subject to the jurisdiction of the Secretary of

Transportation under section 31502(c) of this title.

(b) Application. - This chapter only applies in carrying out

sections 20302(a)(1)(B) and (C), (2), and (3), (c), and (d)(1) and

20303 and chapters 205 (except section 20504(b)), 211, 213 (in

carrying out those sections and chapters), and 315 of this title.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2431; Pub. L. 98-216, Sec.

2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 102-548, Sec. 2(c), Oct.

28, 1992, 106 Stat. 3648; Pub. L. 103-272, Secs. 4(j)(11)(A),

5(m)(9), July 5, 1994, 108 Stat. 1368, 1376; Pub. L. 104-88, title

III, Sec. 308(c)(2), Dec. 29, 1995, 109 Stat. 947.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 97-449

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

501(a) (no source).

501(b) 45:15. Apr. 14, 1910, ch. 160, Sec.

6, 36 Stat. 299.

49:26(g). Feb. 4, 1887, ch. 104, 24

Stat. 379, Sec. 25(g); added

Aug. 26, 1937, ch. 818, 50

Stat. 837; Sept. 18, 1940,

ch. 722, Sec. 14(b), 54

Stat. 919.

49:1655(f)(2). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(f)(2), 80

Stat. 940.

--------------------------------------------------------------------

In the chapter, the source provisions are those in effect on

March 31, 1967, the day before the effective date of the Department

of Transportation Act (Pub. L. 89-670, 80 Stat. 931), because

49:1655(f)(2) gave the Secretary of Transportation the same powers

enumerated in 49:1655(f)(2) that the Interstate Commerce Commission

had before certain duties and powers under 49:1655(e) were

transferred on April 1, 1967, from the Commission to the Secretary.

All references to brokers in the source provisions are omitted as

not being applicable to the duties and powers transferred to the

Secretary of Transportation.

Subsection (a) is included to ensure that the identical

definitions that are relevant are used without repeating them. The

source provisions for the definitions are found in the revision

notes for sections 3101, 3102(c), and 10102 of the revised title.

In subsection (b), the provisions of law to which the chapter

applies are only certain laws listed in 49:1655(e). Those laws

include the source provisions restated in chapter 31 of the revised

title and 45:4, 5, 6 (in carrying out 45:4 and 5), 11, 12, 13

(proviso), 13 (less proviso in carrying out 45:11, 12, and 13

(proviso)), and 61-64b, and 49:26(a)-(f) (words before last

semicolon) and (h). The administrative powers of the Secretary

under the chapter are based on the administrative powers of

49:1655(f)(2). That provision lists administrative powers the

Commission had under the Interstate Commerce Act (ch. 104, 24 Stat.

379) to carry out the Act, and certain other laws authorized the

Commission to use its powers under the Act to carry out those other

laws. The administrative powers listed in 49:1655(f)(2) and

codified in the chapter therefore apply only to a law listed in

49:1655(e) that was a part of the Interstate Commerce Act or to

which the powers of the Commission under the Act were applied. The

text of 45:61-64b is included because section 4 of the Act of March

4, 1907 (ch. 2939, 34 Stat. 1417), stated, "It shall be the duty of

the Interstate Commerce Commission to execute and enforce the

provisions of this Act, and all powers granted to the Interstate

Commerce Commission are hereby extended to it in the execution of

this Act". The transfer to the Secretary was executed on March 31,

1967. The Act of March 4, 1907, was restated by the Act of December

26, 1969 (Pub. L. 91-169, 83 Stat. 463); section 4 was not included

in the restatement. However, repeal by implication is not favored

and the transfer was completed on March 31, 1967. Therefore, the

text of 45:61-64b is included within the scope of the chapter. The

text of 49:304(a)(3) (last sentence 1st-7th words) and (3a) (last

sentence 1st-5th words) is omitted as executed.

PUB. L. 103-272

Section 4(j)(11) makes conforming amendments to 49:ch. 5 to

reflect the restatement of 49:508 and related provisions in chapter

59 of the revised title.

AMENDMENTS

1995 - Subsec. (a)(1). Pub. L. 104-88 substituted "sections 10102

and 13102" for "section 10102".

1994 - Subsec. (a)(2). Pub. L. 103-272, Sec. 5(m)(9)(A),

substituted "section 31501" for "section 3101".

Subsec. (a)(3). Pub. L. 103-272, Sec. 5(m)(9)(B), substituted

"section 31502(c)" for "section 3102(c)".

Subsec. (a)(4) to (9). Pub. L. 103-272, Sec. 4(j)(11)(A), struck

out pars. (4) to (9) which defined "beneficial owner", "carrier",

"container", "initial carrier", "intermodal transportation", and

"trailer", respectively.

Subsec. (b). Pub. L. 103-272, Sec. 5(m)(9)(C), added subsec. (b)

and struck out former subsec. (b) which read as follows: "This

chapter only applies in carrying out -

"(1) chapter 31 of this title; and

"(2) other duties and powers transferred to the Secretary under

section 6(e) of the Department of Transportation Act (49 App.

U.S.C. 1655(e)) and vested in the Interstate Commerce Commission

before October 15, 1966."

1992 - Subsec. (a)(4) to (9). Pub. L. 102-548 added pars. (4) to

(9).

1984 - Subsec. (b)(2). Pub. L. 98-216 substituted "49 App.

U.S.C." for "49 U.S.C.".

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of this title.

SHORT TITLE OF 1992 AMENDMENT

Section 1 of Pub. L. 102-548 provided that: "This Act [enacting

section 508 of this title, amending this section and section 521 of

this title, and enacting provisions set out as notes under section

508 of this title] may be cited as the 'Intermodal Safe Container

Transportation Act of 1992'."

-End-

-CITE-

49 USC Sec. 502 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 5 - SPECIAL AUTHORITY

SUBCHAPTER I - POWERS

-HEAD-

Sec. 502. General authority

-STATUTE-

(a) The Secretary of Transportation shall carry out this chapter.

(b) The Secretary may -

(1) inquire into and report on the management of the business

of rail carriers and motor carriers;

(2) inquire into and report on the management of the business

of a person controlling, controlled by, or under common control

with those carriers to the extent that the business of the person

is related to the management of the business of that carrier; and

(3) obtain from those carriers and persons information the

Secretary determines to be necessary.

(c) In carrying out this chapter as it applies to motor carriers,

motor carriers of migrant workers, and motor private carriers, the

Secretary may -

(1) confer and hold joint hearings with State authorities;

(2) cooperate with and use the services, records, and

facilities of State authorities; and

(3) make cooperative agreements with a State to enforce the

safety laws and regulations of a State and the United States

related to highway transportation.

(d) The Secretary may subpena witnesses and records related to a

proceeding or investigation under this chapter from a place in the

United States to the designated place of the proceeding or

investigation. If a witness disobeys a subpena, the Secretary, or a

party to a proceeding or investigation before the Secretary, may

petition the district court for the judicial district in which the

proceeding or investigation is conducted to enforce the subpena.

The court may punish a refusal to obey an order of the court to

comply with a subpena as a contempt of court.

(e)(1) In a proceeding or investigation, the Secretary may take

testimony of a witness by deposition and may order the witness to

produce records. A party to a proceeding or investigation pending

before the Secretary may take the testimony of a witness by

deposition and may require the witness to produce records at any

time after a proceeding or investigation is at issue on petition

and answer. If a witness fails to be deposed or to produce records

under this subsection, the Secretary may subpena the witness to

take a deposition, produce the records, or both.

(2) A deposition may be taken before a judge of a court of the

United States, a United States magistrate judge, a clerk of a

district court, or a chancellor, justice, or judge of a supreme or

superior court, mayor or chief magistrate of a city, judge of a

county court, or court of common pleas of any State, or a notary

public who is not counsel or attorney of a party or interested in

the proceeding or investigation.

(3) Before taking a deposition, reasonable notice must be given

in writing by the party or the attorney of that party proposing to

take a deposition to the opposing party or the attorney of record

of that party, whoever is nearest. The notice shall state the name

of the witness and the time and place of taking the deposition.

(4) The testimony of a person deposed under this subsection shall

be taken under oath. The person taking the deposition shall

prepare, or cause to be prepared, a transcript of the testimony

taken. The transcript shall be subscribed by the deponent.

(5) The testimony of a witness who is in a foreign country may be

taken by deposition before an officer or person designated by the

Secretary or agreed on by the parties by written stipulation filed

with the Secretary. The deposition shall be filed with the

Secretary promptly.

(f) Each witness summoned before the Secretary or whose

deposition is taken under this section and the individual taking

the deposition are entitled to the same fees and mileage paid for

those services in the courts of the United States.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2431; Pub. L. 103-272,

Sec. 4(j)(12), July 5, 1994, 108 Stat. 1368.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 97-449

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

502 49:1655(f)(2). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(f)(2), 80

Stat. 940.

502(c)-(f) 49:304(a)(3) (last Feb. 4, 1887, ch. 104, 24

sentence) (related Stat. 379, Sec. 204(a)(3)

to "Sec. 305"). (last sentence) (related to

"Sec. 205"); added Aug. 9,

1935, ch. 498, 49 Stat. 546.

49:304(a)(3a) (last Feb. 4, 1887, ch. 104, 24

sentence) (related Stat. 379, Sec. 204(a)(3a)

to "Sec. 305"). (last sentence) (related to

"Sec. 205"); added Aug. 3,

1956, ch. 905, Sec. 2, 70

Stat. 958.

--------------------------------------------------------------------

The section is included because 49:1655(f)(2) gave the same

administrative powers exercised by the Interstate Commerce

Commission under certain sections of title 49 to the Secretary of

Transportation to carry out duties transferred to the Secretary by

49:1655(e). See the revision notes for section 501 of the revised

title for an explanation of the transfer under 49:1655(f)(2). The

powers of the Commission have been codified in subtitle IV of the

revised title. The comparable provisions of title 49 that are

represented by the section may be found as follows:

Section 49 U.S. Code Revised

502 Section

--------------------------------------------------------------------

(a), (b) 12(1)(a) (1st sentence, 2d sentence, and 10321

last sentence words before 1st

semicolon).

304(a) (matter before (1)), (6), (7) 10321

(less words after semicolon).

(c) 305(f). 11502

(d) 12(1)(a) (last sentence words after last 10321

semicolon), (2), (3).

305(d) (related to Commission subpena 10321

power).

(e)(1)- 12(4). 10321

(3)

305(d) (related to depositions taken by 10321

Commission).

(e)(4) 12(5), (6). 10321

and (5)

305(d) (related to depositions taken by 10321

Commission).

(f) 12(7). 10321

18(1) (last sentence). 10321

305(d) (related to depositions taken by 10321

Commission).

--------------------------------------------------------------------

See the revision notes for the revised sections for an

explanation of changes made in the text. Changes not accounted for

in those revision notes are as follows:

The text of 49:305(a)-(c), (e), and (g)-(j) is not included for

motor carriers of migrant workers and motor private carriers

because those provisions, while included in the enumeration in

49:304(a)(3) and (3a), are not included in the specific enumeration

of 49:1655(f)(2)(B)(ii).

In subsection (b), the text of 49:12(1)(a) (2d sentence words

after semicolon) is omitted as unnecessary because the Secretary of

Transportation already has authority under chapter 3 of the revised

title to make recommendations to Congress.

In subsections (c)-(f), the text of 49:304(a)(3) (last sentence

1st-7th words) and (3a) (last sentence 1st-5th words) is omitted as

executed.

In subsection (c), the words "economic and" are omitted as not

being transferred to the Secretary. The text of 49:305(f) (last

sentence) is omitted as not applicable to this chapter.

In subsection (d), the reference to joint boards in 49:305(d) is

omitted as not applicable to this chapter because 49:305(a)

(establishing joint boards) is not included in the specific

enumeration of 49:1655(f)(2)(B)(ii).

PUB. L. 103-272

Section 4(j)(12) amends 49:502(e)(2) and 10321(d)(3) to reflect

the change in the name of United States magistrates to United

States magistrate judges made by section 321 of the Judicial

Improvements Act of 1990 (Public Law 101-650, 104 Stat. 5117).

AMENDMENTS

1994 - Subsec. (e)(2). Pub. L. 103-272 inserted "judge" after

"United States magistrate".

-End-

-CITE-

49 USC Sec. 503 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 5 - SPECIAL AUTHORITY

SUBCHAPTER I - POWERS

-HEAD-

Sec. 503. Service of notice and process on certain motor carriers

of migrant workers and on motor private carriers

-STATUTE-

(a) Each motor carrier of migrant workers (except a motor

contract carrier) and each motor private carrier shall designate an

agent by name and post office address on whom service of notices in

a proceeding before, and actions of, the Secretary of

Transportation may be made. The designation shall be in writing and

filed with the Secretary. The carrier also shall file the

designation with the authority of each State in which it operates

having jurisdiction to regulate transportation by motor vehicle in

intrastate commerce on the highways of that State. The designation

may be changed at any time in the same manner as originally made.

(b) A notice of the Secretary to a carrier under this section is

served personally or by mail on that carrier or its designated

agent. Service by mail on the designated agent is made at the

address filed for the agent. When notice is given by mail, the date

of mailing is considered to be the time when the notice is served.

If the carrier does not have a designated agent, service may be

made by posting a copy of the notice in the office of the secretary

or clerk of the authority having jurisdiction to regulate

transportation by motor vehicle in intrastate commerce on the

highways of the State in which the carrier maintains headquarters

and with the Secretary.

(c) Each of those carriers, including such a carrier operating in

the United States while providing transportation between places in

a foreign country or between a place in one foreign country and a

place in another foreign country, shall designate an agent in each

State in which it operates by name and post office address on whom

process issued by a court with subject matter jurisdiction may be

served in an action brought against that carrier. The designation

shall be in writing and filed with the Secretary and with the

authority of each State in which the carrier operates having

jurisdiction to regulate transportation by motor vehicle in

intrastate commerce on the highways of that State. If a designation

under this subsection is not made, service may be made on any agent

of the carrier in that State. The designation may be changed at any

time in the same manner as originally made.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2432.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

503 49:304(a)(3) (last Feb. 4, 1887, ch. 104, 24

sentence) (related Stat. 379, Sec. 204(a)(3)

to "Sec. 321"). (last sentence) (related to

"Sec. 221"); added Aug. 9,

1935, ch. 498, 49 Stat. 546.

49:304(a)(3a) (last Feb. 4, 1887, ch. 104, 24

sentence) (related Stat. 379, Sec. 204(a)(3a)

to "Sec. 321"). (last sentence) (related to

"Sec. 221"); added Aug. 3,

1956, ch. 905, Sec. 2, 70

Stat. 958.

49:1655(e)(6)(D) Oct. 15, 1966, Pub. L.

(related to "Sec. 89-670, Sec. 6(e)(6)(D)

321(a), (c)"). (related to "Sec. 221(a),

(c)"), 80 Stat. 940.

--------------------------------------------------------------------

The section is included because 49:1655(e)(6)(D) transferred to

the Secretary of Transportation all functions, powers, and duties

of the Interstate Commerce Commission under 49:321(a) and (c) to

the extent those subsections relate to motor carriers of migrant

workers and motor private carriers. The powers of the Commission

have been codified in subtitle IV of the revised title. The

comparable provisions of title 49 that are represented by the

section may be found as follows:

Section 49 U.S. Code Revised

503 Section

--------------------------------------------------------------------

(a), (b) 321(a). 10329

(c) 321(c). 10330

--------------------------------------------------------------------

See the revision notes for the revised sections for an

explanation of changes made in the text. Changes not accounted for

in those revision notes are as follows:

In the section, the words "motor carriers" are omitted because

49:1655(e)(6)(D) applies 49:321(a) and (c) only to motor carriers

of migrant workers, other than motor contract carriers, and to

motor private carriers, and 49:1655(f)(2)(B)(ii) contains no

reference to 49:321. The text of 49:321(b) and (d) is not included

because those provisions, while included in the enumeration in

49:304(a)(3) and (3a), are not included in the specific enumeration

of 49:1655(e)(6)(D).

In subsection (b), the text of 49:321(a) (less 1st-5th sentences)

is omitted as not applicable to this chapter.

-End-

-CITE-

49 USC Sec. 504 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 5 - SPECIAL AUTHORITY

SUBCHAPTER I - POWERS

-HEAD-

Sec. 504. Reports and records

-STATUTE-

(a) In this section -

(1) "association" means an organization maintained by or in the

interest of a group of rail carriers, motor carriers, motor

carriers of migrant workers, or motor private carriers that

performs a service, or engages in activities, related to

transportation of that carrier.

(2) "carrier" means a motor carrier, motor carrier of migrant

workers, motor private carrier, and rail carrier.

(3) "lessor" means a person owning a railroad that is leased to

and operated by a rail carrier, and a person leasing a right to

operate as a motor carrier, motor carrier of migrant workers, or

motor private carrier to another.

(4) "lessor" and "carrier" include a receiver or trustee of

that lessor or carrier, respectively.

(b)(1) The Secretary of Transportation may prescribe the form of

records required to be prepared or compiled under this section by -

(A) carriers and lessors; and

(B) a person furnishing cars or protective service against heat

or cold to or for a rail carrier.

(2) The Secretary may require -

(A) carriers, lessors, associations, or classes of them as the

Secretary may prescribe, to file annual, periodic, and special

reports with the Secretary containing answers to questions asked

by the Secretary; and

(B) a person furnishing cars or protective service against heat

or cold to a rail carrier to file reports with the Secretary

containing answers to questions about those cars or service.

(c) The Secretary, or an employee (and, in the case of a motor

carrier, a contractor) designated by the Secretary, may on demand

and display of proper credentials -

(1) inspect the equipment of a carrier or lessor; and

(2) inspect and copy any record of -

(A) a carrier, lessor, or association;

(B) a person controlling, controlled by, or under common

control with a carrier, if the Secretary considers inspection

relevant to that person's relation to, or transaction with,

that carrier; and

(C) a person furnishing cars or protective service against

heat or cold to or for a rail carrier if the Secretary

prescribed the form of that record.

(d) The Secretary may prescribe the time period during which

records must be preserved by a carrier, lessor, and person

furnishing cars or protective service.

(e)(1) An annual report shall contain an account, in as much

detail as the Secretary may require, of the affairs of a carrier,

lessor, or association for the 12-month period ending on the 31st

day of December of each year. The annual report shall be filed with

the Secretary by the end of the 3d month after the end of the year

for which the report is made unless the Secretary extends the

filing date or changes the period covered by the report.

(2) The annual report and, if the Secretary requires, any other

report made under this section shall be made under oath.

(f) No part of a report of an accident occurring in operations of

a motor carrier, motor carrier of migrant workers, or motor private

carrier and required by the Secretary, and no part of a report of

an investigation of the accident made by the Secretary, may be

admitted into evidence or used in a civil action for damages

related to a matter mentioned in the report or investigation.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2433; Pub. L. 105-178,

title IV, Sec. 4006(b), June 9, 1998, 112 Stat. 401.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

504 49:304(a)(3) (last Feb. 4, 1887, ch. 104, 24

sentence) (related Stat. 379, Sec. 204(a)(3)

to "Sec. 320(a) (last sentence) (related to

(1st, 2d "Sec. 220(a) (1st, 2d

sentences), sentences), (b)-(g)"); added

(b)-(g)"). Aug. 9, 1935, ch. 498, 49

Stat. 546.

49:304(a)(3a) (last Feb. 4, 1887, ch. 104, 24

sentence) (related Stat. 379, Sec. 204(a)(3a)

to "Sec. 320(a) (last sentence) (related to

(1st, 2d "Sec. 220(a) (1st, 2d

sentences), sentences), (b)-(g)"); added

(b)-(g)"). Aug. 3, 1956, ch. 905, Sec.

2, 70 Stat. 958.

49:1655(f)(2). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(f)(2), 80

Stat. 940.

504(f) 49:320(f). Feb. 4, 1887, ch. 104, 24

Stat. 379, Sec. 220(f);

added Sept. 18, 1940, ch.

722, Sec. 24, 54 Stat. 926.

--------------------------------------------------------------------

The section is included because 49:1655(f)(2) gave the same

administrative powers exercised by the Interstate Commerce

Commission under certain sections of title 49 to the Secretary of

Transportation to carry out duties transferred to the Secretary by

49:1655(e). See the revision notes for section 501 of the revised

title for an explanation of the transfer under 49:1655(f)(2). The

powers of the Commission have been codified in subtitle IV of the

revised title. The comparable provisions of title 49 that are

represented by the section may be found as follows:

Sect 49 U.S. Code Revised

ion Section

504

--------------------------------------------------------------------

(a)( 20(8). 3501, 11141

1),

(3),

and

(4)

320(e). 11141

(a)(2) (no source).

(b)(1) 20(5) (1st sentence), (6) (2d sentence, 11144

1st cl.), (7)(b) (proviso).

320(d) (1st sentence). 11144

(b)(2) 20(1) (1st sentence less manner and form 11145

of reports), (6) (2d sentence, 2d cl.).

320(a) (1st sentence). 11145

(c) 20(5) (less 1st sentence), (6) (less 2d 11144

sentence).

320(d) (3d and 4th sentences). 11144

(d) 20(7)(b) (proviso). 11144

320(d) (less 1st, 3d, and 4th sentences). 11144

(e) 20(1) (1st sentence related to manner 11145

and form of reports).

320(a) (2d sentence), (b). 11145

--------------------------------------------------------------------

See the revision notes for the revised sections for an

explanation of changes made in the text. Changes not accounted for

in those revision notes are as follows:

The provisions of 49:320(c) are not included for motor carriers

of migrant workers and motor private carriers because those

provisions, while included in the enumeration in 49:304(a)(3) and

(3a), are not included in the specific enumeration of

49:1655(f)(2)(B)(ii).

In the section, the text of 49:304(a)(3) (last sentence 1st-7th

words) and (3a) (last sentence 1st-5th words) is omitted as

executed. The text of 49:320(b) (related to 13-period accounting

year) and (g) is not included because it was enacted after the

effective date of the transfer authority under 49:1655.

In subsection (a), references to "water line" and "pipe line" are

omitted as not applicable to this chapter. Clause (2) is added to

provide a simple phrase to refer to all types of carriers to which

the section applies.

In subsection (f), the words "the course of the" are omitted as

surplus. The words "civil action" are substituted for "suit or

action" because of rule 2 of the Federal Rules of Civil Procedure

(28 App. U.S.C.).

AMENDMENTS

1998 - Subsec. (c). Pub. L. 105-178 inserted "(and, in the case

of a motor carrier, a contractor)" after "employee" in introductory

provisions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 505, 521, 522, 523, 14303

of this title.

-End-

-CITE-

49 USC Sec. 505 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 5 - SPECIAL AUTHORITY

SUBCHAPTER I - POWERS

-HEAD-

Sec. 505. Arrangements and public records

-STATUTE-

(a) The Secretary of Transportation may require a motor carrier,

motor carrier of migrant workers, or motor private carrier to file

a copy of each arrangement related to a matter under this chapter

that it has with another person. The Secretary may disclose the

existence or contents of an arrangement between a motor contract

carrier and a shipper filed under this section only if the

disclosure is consistent with the public interest and is made as

part of the record in a formal proceeding.

(b) Except as provided in subsection (a) of this section, all

arrangements and statistics, tables, and figures contained in

reports filed with the Secretary by a motor carrier under this

chapter are public records. Such a public record, or a copy or

extract of it, certified by the Secretary under seal is competent

evidence in a proceeding of the Secretary, and, except as provided

in section 504(f) of this title, in a judicial proceeding.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2434.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

505 49:1655(f)(2). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(f)(2), 80

Stat. 940.

505(a) 49:304(a)(3) (last Feb. 4, 1887, ch. 104, 24

sentence) (related Stat. 379, Sec. 204(a)(3)

to "Sec. 320(a) (last sentence) (related to

(less 1st, 2d "Sec. 220(a) (less 1st, 2d

sentences)"). sentences)"); added Aug. 9,

1935, ch. 498, 49 Stat. 546.

49:304(a)(3a) (last Feb. 4, 1887, ch. 104, 24

sentence) (related Stat. 379, Sec. 204(a)(3a)

to "Sec. 320(a) (last sentence) (related to

(less 1st, 2d "Sec. 220(a) (less 1st, 2d

sentences)"). sentences)"); added Aug. 3,

1956, ch. 905, Sec. 2, 70

Stat. 958.

--------------------------------------------------------------------

The section is included because 49:1655(f)(2) gave the same

administrative powers exercised by the Interstate Commerce

Commission under certain sections of title 49 to the Secretary of

Transportation to carry out duties transferred to the Secretary by

49:1655(e). See the revision notes for section 501 of the revised

title for an explanation of the transfer under 49:1655(f)(2). The

powers of the Commission have been codified in subtitle IV of the

revised title. The comparable provisions of title 49 that are

represented by the section may be found as follows:

Section 49 U.S. Code Revised

505 Section

--------------------------------------------------------------------

(a) 320(a) (less 1st, 2d sentences). 10764

(b) 16(13). 10303

304(d) (related to administrative 10303

matters).

--------------------------------------------------------------------

See the revision notes for the revised sections for an

explanation of changes made in the text. Changes not accounted for

in those revision notes are as follows:

In subsection (a), the text of 49:320(a) (proviso) is not

included for motor carriers of migrant workers and motor private

carriers because that provision, while included in the enumeration

in 49:304(a)(3) and (3a), is not included in the specific

enumeration of 49:1655(f)(2)(B)(ii). The text of 40:304(a)(3) (last

sentence 1st-7th words) and (3a) (last sentence 1st-5th words) is

omitted as executed. The words "also" and "with it" are omitted as

surplus. The words "contract, agreement, or" are omitted as covered

by "arrangement". The words "carrier or" are omitted as covered by

"person". The words "related to a matter under this chapter" are

substituted for "in relation to any traffic affected by the

provisions of this chapter" for clarity because of section 501 of

the revised title.

Subsection (b) does not apply to reports made to the Secretary by

a rail carrier because 49:16(13) is not included in the specific

enumeration of 49:1655(f)(2)(B)(ii). The subsection does not apply

to motor carriers of migrant workers and motor private carriers

because 49:304(d) only applies to motor carriers and 49:304(a)(3)

and (3a) do not apply 49:304(d) to motor carriers of migrant

workers and motor private carriers. References to schedules,

classifications, and tariffs are omitted as not applicable to this

chapter. The words "Except as provided in subsection (a) of this

section" are added for clarity. The words "except as provided in

section 504(f) of this title" are added for clarity and consistency

because of the restatement of the chapter.

-End-

-CITE-

49 USC Sec. 506 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 5 - SPECIAL AUTHORITY

SUBCHAPTER I - POWERS

-HEAD-

Sec. 506. Authority to investigate

-STATUTE-

(a) The Secretary of Transportation may begin an investigation

under this chapter on the initiative of the Secretary or on

complaint. If the Secretary finds that a rail carrier, motor

carrier, motor carrier of migrant workers, or motor private carrier

is violating this chapter, the Secretary shall take appropriate

action to compel compliance with this chapter. The Secretary may

take action only after giving the carrier notice of the

investigation and an opportunity for a proceeding.

(b) A person, including a governmental authority, may file with

the Secretary a complaint about a violation of this chapter by a

carrier referred to in subsection (a) of this section. The

complaint must state the facts that are the subject of the

violation. The Secretary may dismiss a complaint the Secretary

determines does not state reasonable grounds for investigation and

action. However, the Secretary may not dismiss a complaint made

against a rail carrier because of the absence of direct damage to

the complainant.

(c) The Secretary shall make a written report of each proceeding

involving a rail carrier or motor carrier conducted and furnish a

copy to each party to that proceeding. The report shall include the

findings, conclusions, and the order of the Secretary. The

Secretary may have the reports published for public use. A

published report of the Secretary is competent evidence of its

contents.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2434.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

506 49:1655(f)(2). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(f)(2), 80

Stat. 940.

506(a), (b) 49:304(a)(3) (last Feb. 4, 1887, ch. 104, 24

sentence) (related Stat. 379, Sec. 204(a)(3)

to "Sec. 304(c)"). (last sentence) (related to

"Sec. 204(c)"); added Aug.

9, 1935, ch. 498, 49 Stat.

546; Sept. 18, 1940, ch.

722, Sec. 20(b)(4), 54 Stat.

922.

49:304(a)(3a) (last Feb. 4, 1887, ch. 104, 24

sentence) (related Stat. 379, Sec. 204(a)(3a)

to "Sec. 304(c)"). (last sentence) (related to

"Sec. 204(c)"); added Aug.

3, 1956, ch. 905, Sec. 2, 70

Stat. 958.

--------------------------------------------------------------------

The section is included because 49:1655(f)(2) gave the same

administrative powers exercised by the Interstate Commerce

Commission under certain sections of title 49 to the Secretary of

Transportation to carry out duties transferred to the Secretary by

49:1655(e). See the revision notes for section 501 of the revised

title for an explanation of the transfer under 49:1655(f)(2). The

powers of the Commission have been codified in subtitle IV of the

revised title. The comparable provisions of title 49 that are

represented by the section may be found as follows:

Section 49 U.S. Code Revised

506 Section

--------------------------------------------------------------------

(a) 13(1) (1st sentence less words before 11701

semicolon, last sentence), (2) (1st, 2d

sentences).

304(c) (1st sentence words after 5th 11701

comma, 2d sentence).

(b) 13(1) (1st sentence words before 11701

semicolon).

13(2) (less 1st, 2d sentences). 11701

304(c) (less 1st sentence words after 11701

5th comma, 2d sentence).

(c) 14. 10310

304(d) (related to reports). 10310

--------------------------------------------------------------------

See the revision notes for the revised sections for an

explanation of changes made in the text. Changes not accounted for

in those revision notes are as follows:

In subsections (a) and (b), the text of 49:304(a)(3) (last

sentence 1st-7th words) and (3a) (last sentence 1st-5th words) is

omitted as executed.

Subsection (a) is patterned after 49:304(c). The words "violating

this chapter" are substituted for "failed to comply with any such

provision or requirement" for clarity.

In subsection (b), the text of 49:13(2) (last sentence) is

omitted because 49:13(3) is not included in the specific

enumeration of 49:1655(f)(2)(B)(ii). The words "referred to in

subsection (a) of this section" are added for clarity.

Subsection (c) does not apply to motor carriers of migrant

workers and motor private carriers because 49:304(d) applies only

to motor carriers and 49:304(a)(3) and (3a) do not apply 49:304(d)

to motor carriers of migrant workers and motor private carriers.

The word "proceeding" is substituted for "investigation" for

clarity and to conform to other sections of the revised title. The

word "findings" is added for clarity. The word "decision" is

omitted as covered by "conclusions". The words "or requirement" are

omitted as covered by "order". The words "in the premises" are

omitted as surplus. The words "and in case damages are awarded,

such report shall include the findings of fact on which the award

is made" are omitted as not applicable to this chapter. The words

"entered of record", "and decisions in such form and manner as may

be best adapted for public information and use", and "in all courts

of the United States and of the several States without any further

proof or authentication thereof" are omitted as surplus. The text

of 49:14(3) (last sentence) is omitted as unnecessary.

-End-

-CITE-

49 USC Sec. 507 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 5 - SPECIAL AUTHORITY

SUBCHAPTER I - POWERS

-HEAD-

Sec. 507. Enforcement

-STATUTE-

(a) The Secretary of Transportation may bring a civil action to

enforce -

(1) an order of the Secretary under this chapter when violated

by a rail carrier; and

(2) this chapter or a regulation or order of the Secretary

under this chapter when violated by a motor carrier, motor

carrier of migrant workers, motor private carrier, or freight

forwarder.

(b) The Attorney General may, and on request of the Secretary

shall, bring court proceedings to enforce this chapter or a

regulation or order of the Secretary under this chapter and to

prosecute a person violating this chapter or a regulation or order

of the Secretary.

(c) The Attorney General, at the request of the Secretary, may

bring an action in an appropriate district court of the United

States for equitable relief to redress a violation by any person of

a provision of subchapter III of chapter 311 (except sections 31138

and 31139) or section 31502 of this title, or an order or

regulation issued under any of those provisions. Such district

court shall have jurisdiction to determine any such action and may

grant such relief as is necessary or appropriate, including

mandatory or prohibitive injunctive relief, interim equitable

relief, and punitive damages.

(d) A person injured because a rail carrier or freight forwarder

does not obey an order of the Secretary under this chapter may

bring a civil action to enforce that order under this subsection.

(e) In a civil action brought under subsection (a)(2) of this

section against a motor carrier, motor carrier of migrant workers,

or motor private carrier -

(1) trial is in the judicial district in which the carrier

operates;

(2) process may be served without regard to the territorial

limits of the district or of the State in which the action is

brought; and

(3) a person participating with the carrier in a violation may

be joined in the civil action without regard to the residence of

the person.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2435; Pub. L. 98-554,

title II, Sec. 213(a), Oct. 30, 1984, 98 Stat. 2841; Pub. L.

103-272, Sec. 5(m)(10), July 5, 1994, 108 Stat. 1376.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

507 49:1655(f)(2). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(f)(2), 80

Stat. 940.

507(a), (d) 49:304(a)(3) (last Feb. 4, 1887, ch. 104, 24

sentence) (related Stat. 379, Sec. 204(a)(3)

to "Sec. 322(b)"). (last sentence) (related to

"Sec. 222(b)"); added Aug.

9, 1935, ch. 498, 49 Stat.

546.

49:304(a)(3a) (last Feb 4, 1887, ch. 104, 24

sentence) (related Stat. 379, Sec. 204(a)(3a)

to "Sec. 322(b)"). (last sentence) (related to

"Sec. 222(b)"); added Aug.

3, 1956, ch. 905, Sec. 2, 70

Stat. 958.

--------------------------------------------------------------------

The section is included because 49:1655(f)(2) gave the same

administrative powers exercised by the Interstate Commerce

Commission under certain sections of title 49 to the Secretary of

Transportation to carry out duties transferred to the Secretary by

49:1655(e). See the revision notes for section 501 of the revised

title for an explanation of the transfer under 49:1655(f)(2). The

powers of the Commission have been codified in subtitle IV of the

revised title. The comparable provisions of title 49 that are

represented by the section may be found as follows:

Section 49 U.S. Code Revised

507 Section

--------------------------------------------------------------------

(a) 16(12) (related to Commission action). 11702

322(b)(1) (less 1st sentence last 18 11702

words, 2d sentence, last sentence).

1017(b)(1) (related to Commission 11702

action).

(b) 12(1)(a) (last sentence less words 11703

before 1st semicolon and after last

semicolon).

16(12) (related to action by the 11703

Attorney General).

20(9). 11703

(c) 16(12) (related to action by private 11705

person).

1017(b)(1) (related to action by the 11703

Attorney General).

(d) 322(b)(1) (1st sentence last 18 words, 11702

2d sentence, last sentence).

1017(b)(1) (related to action by private 11705

person).

--------------------------------------------------------------------

See the revision notes for the revised sections for an

explanation of changes made in the text. Changes not accounted for

in those revision notes are as follows:

In the section, the text of 49:322(b)(2) and (3) is not included

for motor carriers of migrant workers and motor private carriers

because those provisions, while included in the enumeration in

49:304(a)(3) and (3a), are not included in the specific enumeration

of 49:1655(f)(2)(B)(ii).

In subsections (a) and (d), the text of 49:304(a)(3) (last

sentence 1st-7th words) and (3a) (last sentence 1st-5th words) is

omitted as executed.

In subsection (a), the words "or of any term or condition of any

certificate or permit" are omitted as not applicable to this

chapter.

In subsection (a)(1), reference to a civil action to enforce an

order for the payment of money is omitted as not applicable to this

chapter.

AMENDMENTS

1994 - Subsec. (c). Pub. L. 103-272 substituted "subchapter III

of chapter 311 (except sections 31138 and 31139) or section 31502

of this title" for "section 3102 of this title or the Motor Carrier

Safety Act of 1984" and "any of those provisions" for "such section

or Act".

1984 - Subsecs. (c) to (e). Pub. L. 98-554 added subsec. (c) and

redesignated former subsecs. (c) and (d) as (d) and (e),

respectively.

DOT IMPLEMENTATION PLAN

Pub. L. 105-178, title IV, Sec. 4026, June 9, 1998, 112 Stat.

416, provided that:

"(a) Assessment. - Not later than 18 months after the date of

enactment of this section [June 9, 1998], the Secretary [of

Transportation] shall assess the scope of the problem of shippers,

freight forwarders, brokers, consignees, or other persons (other

than rail carriers, motor carriers, motor carriers of migrant

workers, or motor private carriers) encouraging violations of

chapter 5 of title 49, United States Code, or a regulation or order

issued by the Secretary under such chapter.

"(b) Submission of Implementation Plan. - After completion of the

assessment under subsection (a), the Secretary may submit to the

Congress a plan for implementing authority (if subsequently

provided by law) to investigate and bring civil actions to enforce

chapter 5 of title 49, United States Code, or regulations or orders

issued by the Secretary under such chapter with respect to persons

described in subsection (a).

"(c) Contents of Implementation Plan. - In developing the

implementation plan under subsection (b), the Secretary shall

consider, as appropriate -

"(1) in what circumstances the Secretary would exercise the new

authority;

"(2) how the Secretary would determine that shippers, freight

forwarders, brokers, consignees, or other persons committed

violations described in subsection (a), including what types of

evidence would be conclusive;

"(3) what procedures would be necessary during investigations

to ensure the confidentiality of shipper contract terms prior to

the Secretary's findings of violations;

"(4) what impact the exercise of the new authority would have

on the Secretary's resources, including whether additional

investigative or legal resources would be necessary and whether

the staff would need specialized education or training to

exercise properly such authority;

"(5) to what extent the Secretary would conduct educational

activities for persons who would be subject to the new authority;

and

"(6) any other information that would assist the Congress in

determining whether to provide the Secretary the new authority."

-End-

-CITE-

49 USC Sec. 508 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 5 - SPECIAL AUTHORITY

SUBCHAPTER I - POWERS

-HEAD-

Sec. 508. Safety performance history of new drivers; limitation on

liability

-STATUTE-

(a) Limitation on Liability. - No action or proceeding for

defamation, invasion of privacy, or interference with a contract

that is based on the furnishing or use of safety performance

records in accordance with regulations issued by the Secretary may

be brought against -

(1) a motor carrier requesting the safety performance records

of an individual under consideration for employment as a

commercial motor vehicle driver as required by and in accordance

with regulations issued by the Secretary;

(2) a person who has complied with such a request; or

(3) the agents or insurers of a person described in paragraph

(1) or (2).

(b) Restrictions on Applicability. -

(1) Motor carrier requesting. - Subsection (a) does not apply

to a motor carrier requesting safety performance records unless -

(A) the motor carrier and any agents of the motor carrier

have complied with the regulations issued by the Secretary in

using the records, including the requirement that the

individual who is the subject of the records be afforded a

reasonable opportunity to review and comment on the records;

(B) the motor carrier and any agents and insurers of the

motor carrier have taken all precautions reasonably necessary

to protect the records from disclosure to any person, except

for such an insurer, not directly involved in deciding whether

to hire that individual; and

(C) the motor carrier has used those records only to assess

the safety performance of the individual who is the subject of

those records in deciding whether to hire that individual.

(2) Person complying with requests. - Subsection (a) does not

apply to a person complying with a request for safety performance

records unless -

(A) the complying person and any agents of the complying

person have taken all precautions reasonably necessary to

ensure the accuracy of the records and have complied with the

regulations issued by the Secretary in furnishing the records,

including the requirement that the individual who is the

subject of the records be afforded a reasonable opportunity to

review and comment on the records; and

(B) the complying person and any agents and insurers of the

complying person have taken all precautions reasonably

necessary to protect the records from disclosure to any person,

except for such an insurer, not directly involved in forwarding

the records.

(3) Persons knowingly furnishing false information. -

Subsection (a) does not apply to persons who knowingly furnish

false information.

(c) Preemption of State and Local Law. - No State or political

subdivision thereof may enact, prescribe, issue, continue in

effect, or enforce any law (including any regulation, standard, or

other provision having the force and effect of law) that prohibits,

penalizes, or imposes liability for furnishing or using safety

performance records in accordance with regulations issued by the

Secretary to carry out this section. Notwithstanding any provision

of law, written authorization shall not be required to obtain

information on the motor vehicle driving record of an individual

under consideration for employment with a motor carrier.

-SOURCE-

(Added Pub. L. 105-178, title IV, Sec. 4014(a)(1), June 9, 1998,

112 Stat. 409.)

-COD-

CODIFICATION

Pub. L. 105-178, title IV, Sec. 4014(a)(1), June 9, 1998, 112

Stat. 409, which directed the addition of section 508 at end of

this chapter, was executed by adding this section at the end of

subchapter I of this chapter to reflect the probable intent of

Congress.

-MISC1-

PRIOR PROVISIONS

A prior section 508, added Pub. L. 102-548, Sec. 2(a), Oct. 28,

1992, 106 Stat. 3646, related to certification of weights and

description, prior to repeal by Pub. L. 103-272, Sec. 4(j)(11)(B),

July 5, 1994, 108 Stat. 1368. See chapter 59 of this title.

EFFECTIVE DATE

Pub. L. 105-178, title IV, Sec. 4014(b), June 9, 1998, 112 Stat.

411, provided that: "The amendments made by subsection (a)

[enacting this section] shall take effect on January 31, 1999."

-End-

-CITE-

49 USC SUBCHAPTER II - PENALTIES 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 5 - SPECIAL AUTHORITY

SUBCHAPTER II - PENALTIES

-HEAD-

SUBCHAPTER II - PENALTIES

-End-

-CITE-

49 USC Sec. 521 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 5 - SPECIAL AUTHORITY

SUBCHAPTER II - PENALTIES

-HEAD-

Sec. 521. Civil penalties

-STATUTE-

(a)(1) A person required under section 504 of this title to make,

prepare, preserve, or submit to the Secretary of Transportation a

record about rail carrier transportation, that does not make,

prepare, preserve, or submit that record as required under that

section, is liable to the United States Government for a civil

penalty of $500 for each violation.

(2) A rail carrier, and a lessor, receiver, or trustee of that

carrier, violating section 504(c)(1) of this title, is liable to

the Government for a civil penalty of $100 for each violation.

(3) A rail carrier, a lessor, receiver, or trustee of that

carrier, a person furnishing cars or protective service against

heat or cold, and an officer, agent, or employee of one of them,

required to make a report to the Secretary or answer a question,

that does not make a report to the Secretary or does not

specifically, completely, and truthfully answer the question, is

liable to the Government for a civil penalty of $100 for each

violation.

(4) A separate violation occurs for each day a violation under

this subsection continues.

(5) Trial in a civil action under this subsection is in the

judicial district in which the rail carrier has its principal

operating office or in a district through which the railroad of the

rail carrier runs.

(b)(1)(A) If the Secretary finds that a violation of a provision

of subchapter III of chapter 311 (except sections 31138 and 31139)

or section 31302, 31303, 31304, 31305(b), 31310(g)(1)(A),(!1) or

31502 of this title, or a violation of a regulation issued under

any of those provisions, has occurred, the Secretary shall issue a

written notice to the violator. Such notice shall describe with

reasonable particularity the nature of the violation found and the

provision which has been violated. The notice shall specify the

proposed civil penalty, if any, and suggest actions which might be

taken in order to abate the violation. The notice shall indicate

that the violator may, within 15 days of service, notify the

Secretary of the violator's intention to contest the matter. In the

event of a contested notice, the Secretary shall afford such

violator an opportunity for a hearing, pursuant to section 554 of

title 5, following which the Secretary shall issue an order

affirming, modifying, or vacating the notice of violation.

(B) Nonapplicability to reporting and recordkeeping violations. -

Subparagraph (A) shall not apply to reporting and recordkeeping

violations.

(2) Civil Penalty. -

(A) In general. - Except as otherwise provided in this

subsection, any person who is determined by the Secretary, after

notice and opportunity for a hearing, to have committed an act

that is a violation of regulations issued by the Secretary under

subchapter III of chapter 311 (except sections 31138 and 31139)

or section 31502 of this title shall be liable to the United

States for a civil penalty in an amount not to exceed $10,000 for

each offense. Notwithstanding any other provision of this section

(except subparagraph (C)), no civil penalty shall be assessed

under this section against an employee for a violation in an

amount exceeding $2,500.

(B) Recordkeeping and reporting violations. - A person required

to make a report to the Secretary, answer a question, or make,

prepare, or preserve a record under section 504 of this title or

under any regulation issued by the Secretary pursuant to

subchapter III of chapter 311 (except sections 31138 and 31139)

or section 31502 of this title about transportation by motor

carrier, motor carrier of migrant workers, or motor private

carrier, or an officer, agent, or employee of that person -

(i) who does not make that report, does not specifically,

completely, and truthfully answer that question in 30 days from

the date the Secretary requires the question to be answered, or

does not make, prepare, or preserve that record in the form and

manner prescribed by the Secretary, shall be liable to the

United States for a civil penalty in an amount not to exceed

$500 for each offense, and each day of the violation shall

constitute a separate offense, except that the total of all

civil penalties assessed against any violator for all offenses

related to any single violation shall not exceed $5,000; or

(ii) who knowingly falsifies, destroys, mutilates, or changes

a required report or record, knowingly files a false report

with the Secretary, knowingly makes or causes or permits to be

made a false or incomplete entry in that record about an

operation or business fact or transaction, or knowingly makes,

prepares, or preserves a record in violation of a regulation or

order of the Secretary, shall be liable to the United States

for a civil penalty in an amount not to exceed $5,000 for each

violation, if any such action can be shown to have

misrepresented a fact that constitutes a violation other than a

reporting or recordkeeping violation.

(C) Violations pertaining to cdls. - Any person who is

determined by the Secretary, after notice and opportunity for a

hearing, to have committed an act which is a violation of section

31302, 31303, 31304, 31305(b), or 31310(g)(1)(A) of this title

shall be liable to the United States for a civil penalty not to

exceed $2,500 for each offense.

(D) Determination of amount. - The amount of any civil penalty,

and a reasonable time for abatement of the violation, shall by

written order be determined by the Secretary, taking into account

the nature, circumstances, extent, and gravity of the violation

committed and, with respect to the violator, the degree of

culpability, history of prior offenses, ability to pay, effect on

ability to continue to do business, and such other matters as

justice and public safety may require. In each case, the

assessment shall be calculated to induce further compliance.

(3) The Secretary may require any violator served with a notice

of violation to post a copy of such notice or statement of such

notice in such place or places and for such duration as the

Secretary may determine appropriate to aid in the enforcement of

subchapter III of chapter 311 (except sections 31138 and 31139) or

section 31302, 31303, 31304, 31305(b), or 31502 of this title, as

the case may be.

(4) Such civil penalty may be recovered in an action brought by

the Attorney General on behalf of the United States in the

appropriate district court of the United States or, before referral

to the Attorney General, such civil penalty may be compromised by

the Secretary.

(5)(A) If, upon inspection or investigation, the Secretary

determines that a violation of a provision of subchapter III of

chapter 311 (except sections 31138 and 31139) or section 31302,

31303, 31304, 31305(b), or 31502 of this title or a regulation

issued under any of those provisions, or combination of such

violations, poses an imminent hazard to safety, the Secretary shall

order a vehicle or employee operating such vehicle out of service,

or order an employer to cease all or part of the employer's

commercial motor vehicle operations. In making any such order, the

Secretary shall impose no restriction on any employee or employer

beyond that required to abate the hazard. Subsequent to the

issuance of the order, opportunity for review shall be provided in

accordance with section 554 of title 5, except that such review

shall occur not later than 10 days after issuance of such order.

(B) In this paragraph, "imminent hazard" means any condition of

vehicle, employee, or commercial motor vehicle operations which

substantially increases the likelihood of serious injury or death

if not discontinued immediately.

(6) Criminal Penalties. -

(A) In general. - Any person who knowingly and willfully

violates any provision of subchapter III of chapter 311 (except

sections 31138 and 31139) or section 31502 of this title, or a

regulation issued under any of those provisions shall, upon

conviction, be subject for each offense to a fine not to exceed

$25,000 or imprisonment for a term not to exceed one year, or

both, except that, if such violator is an employee, the violator

shall only be subject to penalty if, while operating a commercial

motor vehicle, the violator's activities have led or could have

led to death or serious injury, in which case the violator shall

be subject, upon conviction, to a fine not to exceed $2,500.

(B) Violations pertaining to cdls. - Any person who knowingly

and willfully violates -

(i) any provision of section 31302, 31303(b) or (c), 31304,

31305(b), or 31310(g)(1)(A) of this title or a regulation

issued under such section, or

(ii) with respect to notification of a serious traffic

violation as defined under section 31301 of this title, any

provision of section 31303(a) of this title or a regulation

issued under section 31303(a),

shall, upon conviction, be subject for each offense to a fine not

to exceed $5,000 or imprisonment for a term not to exceed 90

days, or both.

(7) The Secretary shall issue regulations establishing penalty

schedules designed to induce timely compliance for persons failing

to comply promptly with the requirements set forth in any notices

and orders under this subsection.

(8) Prohibition on operation in interstate commerce after

nonpayment of penalties. -

(A) In general. - An owner or operator of a commercial motor

vehicle against whom a civil penalty is assessed under this

chapter or chapter 51, 149, or 311 of this title and who does not

pay such penalty or fails to arrange and abide by an acceptable

payment plan for such civil penalty may not operate in interstate

commerce beginning on the 91st day after the date specified by

order of the Secretary for payment of such penalty. This

paragraph shall not apply to any person who is unable to pay a

civil penalty because such person is a debtor in a case under

chapter 11 of title 11, United States Code.

(B) Regulations. - Not later than 12 months after the date of

the enactment of this paragraph, the Secretary, after notice and

an opportunity for public comment, shall issue regulations

setting forth procedures for ordering commercial motor vehicle

owners and operators delinquent in paying civil penalties to

cease operations until payment has been made.

(9) Any aggrieved person who, after a hearing, is adversely

affected by a final order issued under this section may, within 30

days, petition for review of the order in the United States Court

of Appeals in the circuit wherein the violation is alleged to have

occurred or where the violator has his principal place of business

or residence, or in the United States Court of Appeals for the

District of Columbia Circuit. Review of the order shall be based on

a determination of whether the Secretary's findings and conclusions

were supported by substantial evidence, or were otherwise not in

accordance with law. No objection that has not been urged before

the Secretary shall be considered by the court, unless reasonable

grounds existed for failure or neglect to do so. The commencement

of proceedings under this subsection shall not, unless ordered by

the court, operate as a stay of the order of the Secretary.

(10) All penalties and fines collected under this section shall

be deposited into the Highway Trust Fund (other than the Mass

Transit Account).

(11) In any action brought under this section, process may be

served without regard to the territorial limits of the district of

the State in which the action is brought.

(12) In any proceeding for criminal contempt for violation of an

injunction or restraining order issued under this section, trial

shall be by the court, or, upon demand of the accused, by a jury,

conducted in accordance with the provisions of rule 42(b) of the

Federal Rules of Criminal Procedure.

(13) The provisions of this subsection shall not affect chapter

51 of this title or any regulation promulgated by the Secretary

under chapter 51.

(14) As used in this subsection, the terms "commercial motor

vehicle", "employee", "employer", and "State" have the meaning such

terms have under section 31132 of this title.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2435; Pub. L. 98-554,

title II, Sec. 213(b), Oct. 30, 1984, 98 Stat. 2842; Pub. L.

99-570, title XII, Sec. 12012, Oct. 27, 1986, 100 Stat. 3207-184;

Pub. L. 101-500, Sec. 15(e)(2), Nov. 3, 1990, 104 Stat. 1220; Pub.

L. 102-548, Sec. 2(b), Oct. 28, 1992, 106 Stat. 3648; Pub. L.

103-272, Secs. 4(j)(11)(D), 5(m)(11), July 5, 1994, 108 Stat. 1368,

1376; Pub. L. 104-287, Sec. 5(4), Oct. 11, 1996, 110 Stat. 3389;

Pub. L. 105-178, title IV, Sec. 4015(a), (b), June 9, 1998, 112

Stat. 411; Pub. L. 106-159, title II, Secs. 206(b), 208, Dec. 9,

1999, 113 Stat. 1763, 1764.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

521 49:1655(f)(2). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(f)(2), 80

Stat. 940.

--------------------------------------------------------------------

The section is included because 49:1655(f)(2) gave the same

administrative powers exercised by the Interstate Commerce

Commission under certain sections of title 49 to the Secretary of

Transportation to carry out duties transferred to the Secretary by

49:1655(e). See the revision notes for section 501 of the revised

title for an explanation of the transfer under 49:1655(f)(2). The

powers of the Commission have been codified in subtitle IV of the

revised title. The comparable provisions of title 49 that are

represented by the section may be found as follows:

Section 49 U.S. Code Revised

521 Section

--------------------------------------------------------------------

(a) 20(7)(a), (c)-(e). 11901

(b) 322(h). 11901

--------------------------------------------------------------------

See the revision notes for the revised section for an explanation

of changes made in the text. Changes not accounted for in those

revision notes are as follows:

In subsection (a)(3), the words "against heat and cold" are

inserted for consistency with sections 11105 and 11901 of the

revised title.

Subsection (b) does not apply to motor carriers of migrant

workers and motor private carriers because 49:322(h) (1st sentence)

only applies to motor carriers and 49:304(a)(3) and (3a) do not

apply 49:322(h) (1st sentence) to motor carriers of migrant workers

and motor private carriers. The reference to 49:303(c), 306(a)(1),

and 309(a)(1) is omitted as not applicable to this chapter.

-REFTEXT-

REFERENCES IN TEXT

Section 31310(g)(1)(A), referred to in subsec. (b)(1)(A), was

redesignated section 31310(i)(1)(A), by Pub. L. 106-159, title II,

Sec. 201(b)(1), Dec. 9, 1999, 113 Stat. 1759.

The date of the enactment of this paragraph, referred to in

subsec. (b)(8)(B), is the date of enactment of Pub. L. 106-159,

which was approved Dec. 9, 1999.

The Federal Rules of Criminal Procedure, referred to in subsec.

(b)(12), are set out in the Appendix to Title 18, Crimes and

Criminal Procedure.

-MISC2-

AMENDMENTS

1999 - Subsec. (b)(5)(B). Pub. L. 106-159, Sec. 208, substituted

"substantially increases the likelihood of" for "is likely to

result in".

Subsec. (b)(8) to (14). Pub. L. 106-159, Sec. 206(b), added par.

(8) and redesignated former pars. (8) to (13) as (9) to (14),

respectively.

1998 - Subsec. (b)(1)(A). Pub. L. 105-178, Sec. 4015(a)(1),

struck out "fix a reasonable time for abatement of the violation,"

before "specify the proposed civil penalty".

Subsec. (b)(1)(B). Pub. L. 105-178, Sec. 4015(a)(2), added

subpar. (B) and struck out former subpar. (B) which read as

follows: "The Secretary shall, not later than 60 days after

November 3, 1990, establish operational procedures to require a

highway safety specialist or other appropriate representative of

the Secretary to initiate, at the time of a safety review,

compliance review, or other inspection or audit activity, or within

a reasonable time thereafter, an enforcement action whenever any of

the offenses referred to in paragraph (2)(A) and (B) can be

documented, except recordkeeping violations not specified by the

Secretary as serious. The procedures shall -

"(i) specify those serious recordkeeping violations for which

an enforcement action shall be initiated, including instances in

which the falsification of records of duty status or drivers'

medical certificates is required or permitted, and such other

recordkeeping violations as the Secretary determines to be

serious; and

"(ii) authorize, but not require, initiation of an enforcement

action for recordkeeping violations not specified by the

Secretary as serious."

Subsec. (b)(2)(A). Pub. L. 105-178, Sec. 4015(b)(1), added

subpar. (A) and struck out heading and text of former subpar. (A).

Text read as follows: "Except as otherwise provided in this

subsection, any person who is determined by the Secretary, after

notice and opportunity for a hearing, to have committed an act

which is a violation of a recordkeeping requirement issued by the

Secretary under subchapter III of chapter 311 (except sections

31138 and 31139) or section 31502 of this title or which is a

violation of chapter 59 of this title shall be liable to the United

States for a civil penalty not to exceed $500 for each offense.

Each day of a violation shall constitute a separate offense, except

that the total of all civil penalties assessed against any violator

for all offenses relating to any single violation shall not exceed

$2,500. If the Secretary determines that a serious pattern of

safety violations, other than recordkeeping requirements, exists or

has occurred, the Secretary may assess a civil penalty not to

exceed $1,000 for each offense; except that the maximum fine for

each such pattern of safety violations shall not exceed $10,000. If

the Secretary determines that a substantial health or safety

violation exists or has occurred which could reasonably lead to, or

has resulted in, serious personal injury or death, the Secretary

may assess a civil penalty not to exceed $10,000 for each offense.

Notwithstanding any other provision of this section (other than

subparagraph (B)), except for recordkeeping violations, no civil

penalty shall be assessed under this section against an employee

for a violation unless the Secretary determines that such

employee's actions constituted gross negligence or reckless

disregard for safety, in which case such employee shall be liable

for a civil penalty not to exceed $1,000."

Subsec. (b)(2)(B) to (D). Pub. L. 105-178, Sec. 4015(b)(2), (3),

added subpar. (B) and redesignated former subpars. (B) and (C) as

(C) and (D), respectively.

1996 - Subsec. (b)(1)(B). Pub. L. 104-287 substituted "November

3, 1990" for "the date of enactment of this subparagraph" in

introductory provisions.

1994 - Subsec. (b)(1)(A). Pub. L. 103-272, Sec. 5(m)(11)(A),

substituted "a provision of subchapter III of chapter 311 (except

sections 31138 and 31139) or section 31302, 31303, 31304, 31305(b),

31310(g)(1)(A), or 31502 of this title" for "section 3102 of this

title or the Motor Carrier Safety Act of 1984 or section 12002,

12003, 12004, 12005(b), or 12008(d)(2) of the Commercial Motor

Vehicle Safety Act of 1986" and "any of those provisions" for "such

sections or Act".

Subsec. (b)(2)(A). Pub. L. 103-272, Sec. 5(m)(11)(B), substituted

"under subchapter III of chapter 311 (except sections 31138 and

31139) or section 31502 of this title" for "pursuant to section

3102 of this title or the Motor Carrier Safety Act of 1984".

Pub. L. 103-272, Sec. 4(j)(11)(D), substituted "chapter 59 of

this title" for "section 508 of this title".

Subsec. (b)(2)(B). Pub. L. 103-272, Sec. 5(m)(11)(C), substituted

"section 31302, 31303, 31304, 31305(b), or 31310(g)(1)(A) of this

title" for "section 12002, 12003, 12004, 12005(b), or 12008(d)(2)

of the Commercial Motor Vehicle Safety Act of 1986".

Subsec. (b)(3). Pub. L. 103-272, Sec. 5(m)(11)(D), substituted

"subchapter III of chapter 311 (except sections 31138 and 31139) or

section 31302, 31303, 31304, 31305(b), or 31502 of this title" for

"section 3102 of this title or the Motor Carrier Safety Act of 1984

or section 12002, 12003, 12004, or 12005(b) of the Commercial Motor

Vehicle Safety Act of 1986".

Subsec. (b)(5)(A). Pub. L. 103-272, Sec. 5(m)(11)(E), substituted

"a provision of subchapter III of chapter 311 (except sections

31138 and 31139) or section 31302, 31303, 31304, 31305(b), or 31502

of this title" for "section 3102 of this title or the Motor Carrier

Safety Act of 1984 or section 12002, 12003, 12004, or 12005(b) of

the Commercial Motor Vehicle Safety Act of 1986" and "any of those

provisions" for "such sections or Act".

Subsec. (b)(6)(A). Pub. L. 103-272, Sec. 5(m)(11)(F), substituted

"subchapter III of chapter 311 (except sections 31138 and 31139) or

section 31502 of this title" for "section 3102 of this title, the

Motor Carrier Safety Act of 1984", "any of those provisions" for

"such section or Act", and "shall be subject" for "shall be

liable".

Subsec. (b)(6)(B)(i). Pub. L. 103-272, Sec. 5(m)(11)(G),

substituted "section 31302, 31303(b) or (c), 31304, 31305(b), or

31310(g)(1)(A) of this title" for "section 12002, 12003(b),

12003(c), 12004, 12005(b), or 12008(d)(2) of the Commercial Motor

Vehicle Safety Act of 1986".

Subsec. (b)(6)(B)(ii). Pub. L. 103-272, Sec. 5(m)(11)(H),

substituted "section 31301 of this title" for "section 12019 of

such Act", "section 31303(a) of this title" for "section 12003(a)

of such Act", and "section 31303(a)" for "such section 12003(a)".

Subsec. (b)(12). Pub. L. 103-272, Sec. 5(m)(11)(I), substituted

"chapter 51 of this title" for "any provision of the Hazardous

Materials Transportation Act (49 U.S.C. App. 1801-1812)" and

"chapter 51" for "such Act".

Subsec. (b)(13). Pub. L. 103-272, Sec. 5(m)(11)(J), substituted

"section 31132 of this title" for "section 204 of the Motor Carrier

Safety Act of 1984".

1992 - Subsec. (b)(2)(A). Pub. L. 102-548 inserted "or which is a

violation of section 508 of this title" after "Act of 1984".

1990 - Subsec. (b)(1). Pub. L. 101-500 designated existing

provisions as subpar. (A) and added subpar. (B).

1986 - Subsec. (b)(1). Pub. L. 99-570, Sec. 12012(a), inserted

"or section 12002, 12003, 12004, 12005(b), or 12008(d)(2) of the

Commercial Motor Vehicle Safety Act of 1986" after "the Motor

Carrier Safety Act of 1984" and substituted "such sections" for

"such section".

Subsec. (b)(2). Pub. L. 99-570, Sec. 12012(b), (f)(1), inserted

heading, designated existing provisions as subpars. (A) and (C)

with corresponding headings, added subpar. (B), in subpar. (A)

indented such subparagraph and aligned it with subpar. (B), and

inserted exception relating to subpar. (B).

Subsec. (b)(3). Pub. L. 99-570, Sec. 12012(c), inserted "or

section 12002, 12003, 12004, or 12005(b) of the Commercial Motor

Vehicle Safety Act of 1986" after "the Motor Carrier Safety Act of

1984".

Subsec. (b)(5)(A). Pub. L. 99-570, Sec. 12012(d), inserted "or

section 12002, 12003, 12004, or 12005(b) of the Commercial Motor

Vehicle Safety Act of 1986" after "the Motor Carrier Safety Act of

1984" and substituted "such sections" for "such section".

Subsec. (b)(6). Pub. L. 99-570, Sec. 12012(e), (f)(2), (g)(1),

inserted heading, designated existing provisions as subpar. (A)

with corresponding heading, added subpar. (B), in subpar. (A)

indented such subparagraph and aligned it with subpar. (B), and

substituted "to a fine" for "for a fine" in two places.

Subsec. (b)(13). Pub. L. 99-570, Sec. 12012(g)(2), substituted

"section 204" for "section 4".

1984 - Subsec. (b)(1). Pub. L. 98-554 substituted provisions

relating to notice to violators and opportunity for hearings for

former provisions which set forth penalties for failure to make

reports and keep records.

Subsec. (b)(2). Pub. L. 98-554 substituted provisions setting

forth amount of civil penalties for former provisions which related

to the place of trial and manner of service of process for

violations of recordkeeping and reporting provisions.

Subsec. (b)(3) to (13). Pub. L. 98-554 added pars. (3) to (13).

MINIMUM AND MAXIMUM ASSESSMENTS

Pub. L. 106-159, title II, Sec. 222, Dec. 9, 1999, 113 Stat.

1769, provided that:

"(a) In General. - The Secretary of Transportation should ensure

that motor carriers operate safely by imposing civil penalties at a

level calculated to ensure prompt and sustained compliance with

Federal motor carrier safety and commercial driver's license laws.

"(b) Establishment. - The Secretary -

"(1) should establish and assess minimum civil penalties for

each violation of a law referred to in subsection (a); and

"(2) shall assess the maximum civil penalty for each violation

of a law referred to in subsection (a) by any person who is found

to have committed a pattern of violations of critical or acute

regulations issued to carry out such a law or to have previously

committed the same or a related violation of critical or acute

regulations issued to carry out such a law.

"(c) Extraordinary Circumstances. - If the Secretary determines

and documents that extraordinary circumstances exist which merit

the assessment of any civil penalty lower than any level

established under subsection (b), the Secretary may assess such

lower penalty. In cases where a person has been found to have

previously committed the same or a related violation of critical or

acute regulations issued to carry out a law referred to in

subsection (a), extraordinary circumstances may be found to exist

when the Secretary determines that repetition of such violation

does not demonstrate a failure to take appropriate remedial action.

"(d) Report to Congress. -

"(1) In general. - The Secretary shall conduct a study of the

effectiveness of the revised civil penalties established in the

Transportation Equity Act for the 21st Century [Pub. L. 105-178,

see Tables for classification] and this Act [see Tables for

classification] in ensuring prompt and sustained compliance with

Federal motor carrier safety and commercial driver's license

laws.

"(2) Submission to congress. - The Secretary shall transmit the

results of such study and any recommendations to Congress by

September 30, 2002."

REPORT; PENALTIES; EFFECTIVENESS

Section 213(d) of Pub. L. 98-554 directed Secretary of

Transportation to conduct a study of effectiveness of civil and

criminal penalties established by amendments made by section 213 of

Pub. L. 98-554 in deterring violations of commercial motor vehicle

safety regulations issued under title II of Pub. L. 98-554 and in

effectively prosecuting such violations when they occur, which

study was to examine the effectiveness of penalties in effect

before Oct. 30, 1984, in comparison to the penalties established by

the amendments made by title II of Pub. L. 98-554, and was to

further investigate the need for, and make recommendations

concerning, increased fine levels for civil and criminal penalties,

and the need for additional categories of civil and criminal

penalties to deter further, and prosecute effectively, violations

of such commercial motor vehicle safety regulations, and further

directed Secretary to submit to Congress a report on the findings

of this study, together with legislative recommendations, not later

than 2 years after Oct. 30, 1984.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 31144 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

49 USC Sec. 522 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 5 - SPECIAL AUTHORITY

SUBCHAPTER II - PENALTIES

-HEAD-

Sec. 522. Reporting and record keeping violations

-STATUTE-

A person required to make a report to the Secretary of

Transportation, or make, prepare, or preserve a record, under

section 504 of this title about transportation by rail carrier,

that knowingly and willfully (1) makes a false entry in the report

or record, (2) destroys, mutilates, changes, or by another means

falsifies the record, (3) does not enter business related facts and

transactions in the record, (4) makes, prepares, or preserves the

record in violation of a regulation or order of the Secretary, or

(5) files a false report or record with the Secretary, shall be

fined not more than $5,000, imprisoned for not more than 2 years,

or both.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2436; Pub. L. 105-178,

title IV, Sec. 4015(c), June 9, 1998, 112 Stat. 412.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

522 49:1655(f)(2). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(f)(2), 80

Stat. 940.

522(b) 49:304(a)(3) (last Feb. 4, 1887, ch. 104, 24

sentence) (related Stat. 379, Sec. 204(a)(3)

to "Sec. 322(g)"). (last sentence) (related to

"Sec. 222(g)"); added Aug.

9, 1935, ch. 498, 49 Stat.

546.

49:304(a)(3a) (last Feb. 4, 1887, ch. 104, 24

sentence) (related Stat. 379, Sec. 204(a)(3a)

to "Sec. 322(g)"). (last sentence) (related to

"Sec. 222(g)"); added Aug.

3, 1956, ch. 905, Sec. 2, 70

Stat. 958.

--------------------------------------------------------------------

The section is included because 49:1655(f)(2) gave the same

administrative powers exercised by the Interstate Commerce

Commission under certain sections of title 49 to the Secretary of

Transportation to carry out duties transferred to the Secretary by

49:1655(e). See the revision notes for section 501 of the revised

title for an explanation of the transfer under 49:1655(f)(2). The

powers of the Commission have been codified in subtitle IV of the

revised title. The comparable provisions of title 49 that are

represented by the section may be found as follows:

Section 49 U.S. Code Revised

522 Section

--------------------------------------------------------------------

(a) 20(7)(b) (less proviso). 11909

(b) 322(g). 11909

--------------------------------------------------------------------

See the revision notes for the revised section for an explanation

of changes made in the text. Changes not accounted for in those

revision notes are as follows:

The text of 49:304(a)(3) (last sentence 1st-7th words) and (3a)

(last sentence 1st-5th words) is omitted as executed.

AMENDMENTS

1998 - Pub. L. 105-178 struck out "(a)" before "A person required

to make a report to the Secretary of Transportation" and struck out

subsec. (b) which read as follows: "A person required to make a

report to the Secretary, answer a question, or make, prepare, or

preserve a record under section 504 of this title about

transportation by motor carrier, motor carrier of migrant workers,

or motor private carrier, or an officer, agent, or employee of that

person, that (1) willfully does not make that report, (2) willfully

does not specifically, completely, and truthfully answer that

question in 30 days from the date the Secretary requires the

question to be answered, (3) willfully does not make, prepare, or

preserve that record in the form and manner prescribed by the

Secretary, (4) knowingly and willfully falsifies, destroys,

mutilates, or changes that report or record, (5) knowingly and

willfully files a false report or record with the Secretary, (6)

knowingly and willfully makes a false or incomplete entry in that

record about a business related fact or transaction, or (7)

knowingly and willfully makes, prepares, or preserves a record in

violation of a regulation or order of the Secretary, shall be fined

not more than $5,000."

-End-

-CITE-

49 USC Sec. 523 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 5 - SPECIAL AUTHORITY

SUBCHAPTER II - PENALTIES

-HEAD-

Sec. 523. Unlawful disclosure of information

-STATUTE-

(a) A motor carrier, or an officer, receiver, trustee, lessee, or

employee of that carrier, or another person authorized by that

carrier to receive information from that carrier, may not knowingly

disclose to another person (except the shipper or consignee), and

another person may not solicit, or knowingly receive, information

about the nature, kind, quantity, destination, consignee, or

routing of property tendered or delivered to that carrier without

the consent of the shipper or consignee if that information may be

used to the detriment of the shipper or consignee or may disclose

improperly to a competitor the business transactions of the shipper

or consignee.

(b) This chapter does not prevent a motor carrier, motor carrier

of migrant workers, or motor private carrier from giving

information -

(1) in response to legal process issued under authority of a

court of the United States or a State;

(2) to an officer, employee, or agent of the United States

Government, a State, or a territory or possession of the United

States; and

(3) to another motor carrier, motor carrier of migrant workers,

or motor private carrier, or its agent, to adjust mutual traffic

accounts in the ordinary course of business.

(c) An employee of the Secretary of Transportation delegated to

make an inspection under section 504 of this title who knowingly

discloses information acquired during that inspection, except as

directed by the Secretary, a court, or a judge of that court, shall

be fined not more than $500, imprisoned for not more than 6 months,

or both.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2436.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

523 49:1655(f)(2). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(f)(2), 80

Stat. 940.

523(b) 49:304(a)(3) (last Feb. 4, 1887, ch. 104, 24

sentence) (related Stat. 379, Sec. 204(a)(3)

to "Sec. 322(f)"). (last sentence) (related to

"Sec. 222(d), (f)"); added

Aug. 9, 1935, ch. 498, 49

Stat. 546.

49:304(a)(3a) (last Feb. 4, 1887, ch. 104, 24

sentence) (related Stat. 379, Sec. 204(a)(3a)

to "Sec. 322(f)"). (last sentence) (related to

"Sec. 222(d), (f)"); added

Aug. 3, 1956, ch. 905, Sec.

2, 70 Stat. 958.

523(c) 49:304(a)(3) (last

sentence) (related

to "Sec. 322(d)").

49:304(a)(3a) (last

sentence) (related

to "Sec. 322(d)").

--------------------------------------------------------------------

The section is included because 49:1655(f)(2) gave the same

administrative powers exercised by the Interstate Commerce

Commission under certain sections of title 49 to the Secretary of

Transportation to carry out duties transferred to the Secretary by

49:1655(e). See the revision notes for section 501 of the revised

title for an explanation of the transfer under 49:1655(f)(2). The

powers of the Commission have been codified in subtitle IV of the

revised title. The comparable provisions of title 49 that are

represented by the section may be found as follows:

Section 49 U.S. Code Revised

523 Section

--------------------------------------------------------------------

(a) 322(e). 11910

(b) 322(f). 11910

(c) 20(7)(f). 11910

322(d). 11910

--------------------------------------------------------------------

See the revision notes for the revised section for an explanation

of changes made in the text. Changes not accounted for in those

revision notes are as follows:

Subsection (a) does not apply to motor carriers of migrant

workers and motor private carriers because 49:322(e) only applies

to motor carriers and 49:304(a)(3) and (3a) do not apply 49:322(e)

to motor carriers of migrant workers and motor private carriers.

The words "engaged in interstate or foreign commerce" are omitted

as unnecessary because of the restatement of the chapter.

In subsections (b) and (c), the text of 49:304(a)(3) (last

sentence 1st-7th words) and (3a) (last sentence 1st-5th words) is

omitted as executed.

-End-

-CITE-

49 USC Sec. 524 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 5 - SPECIAL AUTHORITY

SUBCHAPTER II - PENALTIES

-HEAD-

Sec. 524. Evasion of regulation of motor carriers

-STATUTE-

A person, or an officer, employee, or agent of that person, that

by any means knowingly and willfully tries to evade regulation of

motor carriers under this chapter shall be fined at least $200 but

not more than $500 for the first violation and at least $250 but

not more than $2,000 for a subsequent violation.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2437.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

524 49:1655(f)(2). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(f)(2), 80

Stat. 940.

--------------------------------------------------------------------

The section is included because 49:1655(f)(2) gave the same

administrative powers exercised by the Interstate Commerce

Commission under certain sections of title 49 to the Secretary of

Transportation to carry out duties transferred to the Secretary by

49:1655(e). See the revision notes for section 501 of the revised

title for an explanation of the transfer under 49:1655(f)(2). The

powers of the Commission have been codified in subtitle IV of the

revised title. The comparable provisions of title 49 that are

represented by the section may be found as follows:

Section 49 U.S. Code Revised

524 Section

--------------------------------------------------------------------

322(c) (related to evasion of 11906

regulation).

--------------------------------------------------------------------

See the revision notes for the revised section for an explanation

of changes made in the text. Changes not accounted for in those

revision notes are as follows:

The section does not apply to motor carriers of migrant workers

and motor private carriers because 49:322(c) (related to evasion of

regulation) only applies to motor carriers and 49:304(a)(3) and

(3a) do not apply 49:322(c) (related to evasion of regulation) to

motor carriers of migrant workers and motor private carriers.

-End-

-CITE-

49 USC Sec. 525 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 5 - SPECIAL AUTHORITY

SUBCHAPTER II - PENALTIES

-HEAD-

Sec. 525. Disobedience to subpenas

-STATUTE-

A motor carrier, motor carrier of migrant workers, or motor

private carrier not obeying a subpena or requirement of the

Secretary of Transportation under this chapter to appear and

testify or produce records shall be fined at least $100 but not

more than $5,000, imprisoned for not more than one year, or both.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2437.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

525 49:304(a)(3) (last Feb. 4, 1887, ch. 104, 24

sentence) (related Stat., 379, Sec. 204(a)(3)

to "Sec. 305(d) (last sentence) (related to

(related to "Sec. 205(d) (related to

liability)"). liability)"); added Aug. 9,

1935, ch. 498, 49 Stat. 546.

49:304(a)(3a) (last Feb. 4, 1887, ch. 104, 24

sentence) (related Stat. 379, Sec. 204(a)(3a)

to "Sec. 305(d) (last sentence) (related to

(related to "Sec. 205(d) (related to

liability)"). liability)"); added Aug. 3,

1956, ch. 905, Sec. 2, 70

Stat. 958.

49:1655(f)(2). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(f)(2), 80

Stat. 940.

--------------------------------------------------------------------

The section is included because 49:1655(f)(2) gave the same

administrative powers exercised by the Interstate Commerce

Commission under certain sections of title 49 to the Secretary of

Transportation to carry out duties transferred to the Secretary by

49:1655(e). See the revision notes for section 501 of the revised

title for an explanation of the transfer under 49:1655(f)(2). The

powers of the Commission have been codified in subtitle IV of the

revised title. The comparable provisions of title 49 that are

represented by the section may be found as follows:

Section 49 U.S. Code Revised

525 Section

--------------------------------------------------------------------

305(d) (related to liability). 11913

--------------------------------------------------------------------

See the revision notes for the revised section for an explanation

of changes made in the text. Changes not accounted for in those

revision notes are as follows:

The section does not apply to the liability of a rail carrier

because 49:46 is not included in the specific enumeration of

49:1655(f)(2)(B)(ii). The text of 49:304(a)(3) (last sentence

1st-7th words) and (3a) (last sentence 1st-5th words) is omitted as

executed. The words "under this chapter" are added for clarity.

-End-

-CITE-

49 USC Sec. 526 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 5 - SPECIAL AUTHORITY

SUBCHAPTER II - PENALTIES

-HEAD-

Sec. 526. General criminal penalty when specific penalty not

provided

-STATUTE-

When another criminal penalty is not provided under a provision

of this chapter, subchapter III of chapter 311 (except sections

31138 and 31139), or section 31502 of this title, a person that

knowingly and willfully violates any of those provisions or a

regulation or order of the Secretary of Transportation under any of

those provisions, related to transportation by motor carrier, motor

carrier of migrant workers, or motor private carrier, shall be

fined at least $100 but not more than $500 for the first violation

and at least $200 but not more than $500 for a subsequent

violation. A separate violation occurs each day the violation

continues.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2437; Pub. L. 98-554,

title II, Sec. 213(c), Oct. 30, 1984, 98 Stat. 2844; Pub. L.

103-272, Sec. 5(m)(12), July 5, 1994, 108 Stat. 1377.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

526 49:304(a)(3) (last Feb. 4, 1887, ch. 104, 24

sentence) (related Stat. 379, Sec. 204(a)(3)

to "Sec. 322(a)"). (last sentence) (related to

"Sec. 222(a)"); added Aug.

9, 1935, ch. 498, 49 Stat.

546.

49:304(a)(3a) (last Feb. 4, 1887, ch. 104, 24

sentence) (related Stat. 379, Sec. 204(a)(3a)

to "Sec. 322(a)"). (last sentence) (related to

"Sec. 222(a)"); added Aug.

3, 1956, ch. 905, Sec. 2, 70

Stat. 958.

49:1655(f)(2). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(f)(2), 80

Stat. 940.

--------------------------------------------------------------------

The section is included because 49:1655(f)(2) gave the same

administrative powers exercised by the Interstate Commerce

Commission under certain sections of title 49 to the Secretary of

Transportation to carry out duties transferred to the Secretary by

49:1655(e). See the revision notes for section 501 of the revised

title for an explanation of the transfer under 49:1655(f)(2). The

powers of the Commission have been codified in subtitle IV of the

revised title. The comparable provisions of title 49 that are

represented by the section may be found as follows:

Section 49 U.S. Code Revised

526 Section

--------------------------------------------------------------------

322(a). 11914

--------------------------------------------------------------------

See the revision notes for the revised section for an explanation

of changes made in the text. Changes not accounted for in those

revision notes are as follows:

The reference to a certificate, permit, or licence is omitted as

not applicable to this chapter. The text of 49:304(a)(3) (last

sentence 1st-7th words) and (3a) (last sentence 1st-5th words) is

omitted as executed.

AMENDMENTS

1994 - Pub. L. 103-272 substituted "a provision of this chapter,

subchapter III of chapter 311 (except sections 31138 and 31139), or

section 31502 of this title, a person that knowingly and willfully

violates any of those provisions or a regulation or order of the

Secretary of Transportation under any of those provisions" for

"this chapter, section 3102 of this title, or the Motor Carrier

Safety Act of 1984, a person that knowingly and willfully violates

a provision of this chapter or such section or Act, or a regulation

or order of the Secretary of Transportation under this chapter or

such section or Act".

1984 - Pub. L. 98-554 inserted ", section 3102 of this title, or

the Motor Carrier Safety Act of 1984" after "chapter" the first

place it appears and inserted "or such section or Act" after

"chapter" the second and third places it appears.

-End-