US (United States) Code. Title 49. Subtitle X. Chapter 805: Miscellaneous

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

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  • País: Estados Unidos Estados Unidos
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publicidad

-CITE-

49 USC CHAPTER 805 - MISCELLANEOUS 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE X - MISCELLANEOUS

CHAPTER 805 - MISCELLANEOUS

-HEAD-

CHAPTER 805 - MISCELLANEOUS

-MISC1-

Sec.

80501. Damage to transported property.

80502. Transportation of animals.

80503. Payments for inspection and quarantine services.

80504. Medals of honor.

-End-

-CITE-

49 USC Sec. 80501 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE X - MISCELLANEOUS

CHAPTER 805 - MISCELLANEOUS

-HEAD-

Sec. 80501. Damage to transported property

-STATUTE-

(a) Criminal Penalty. - A person willfully damaging, or

attempting to damage, property in the possession of an air carrier,

motor carrier, or rail carrier and being transported in interstate

or foreign commerce, shall be fined under title 18, imprisoned for

not more than 10 years, or both. In a criminal proceeding under

this section, a shipping document for the property is prima facie

evidence of the places to which and from which the property was

being transported.

(b) Prohibition Against Multiple Prosecutions for Same Act. - A

person may not be prosecuted for an act under this section when the

person has been convicted or acquitted on the merits for the same

act under the laws of a State, the District of Columbia, or a

territory or possession of the United States.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1356.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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

80501(a) 15:1281. Sept. 13, 1961, Pub. L.

87-221, 75 Stat. 494.

80501(b) 15:1282.

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In subsection (a), the words "A person . . . shall be fined under

title 18" are substituted for "It shall be unlawful for any person"

and "Whoever violates any provision of subsection (a) of this

section shall be fined not more than $5,000" to eliminate

unnecessary words and for consistency with title 18. The word

"damaging" is substituted for "destroy or injure" because it is

inclusive. The words "air carrier, motor carrier, or rail carrier"

are substituted for "common or contract carrier by railroad, motor

vehicle, or aircraft", and the words "being transported" are

substituted for "moving", for consistency in the revised title. The

words "In a criminal proceeding under this section" are substituted

for "To establish the interstate or foreign commerce character of

any property involved in any prosecution under this section" to

eliminate unnecessary words. The words "shipping document" are

substituted for "waybill or similar shipping document" because they

are inclusive.

In subsection (b), the words "A person may not be prosecuted for

an act under this section when the person has been convicted or

acquitted on the merits for the same act" are substituted for "A

judgment of conviction or acquittal on the merits . . . shall be a

bar to any prosecution under this chapter for the same act or acts"

for clarity. The word "territory" is added for consistency in the

revised title and with other titles of the United States Code. The

words "or the Commonwealth of Puerto Rico" are omitted as

unnecessary because of 48:734.

-End-

-CITE-

49 USC Sec. 80502 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE X - MISCELLANEOUS

CHAPTER 805 - MISCELLANEOUS

-HEAD-

Sec. 80502. Transportation of animals

-STATUTE-

(a) Confinement. - (1) Except as provided in this section, a rail

carrier, express carrier, or common carrier (except by air or

water), a receiver, trustee, or lessee of one of those carriers, or

an owner or master of a vessel transporting animals from a place in

a State, the District of Columbia, or a territory or possession of

the United States through or to a place in another State, the

District of Columbia, or a territory or possession, may not confine

animals in a vehicle or vessel for more than 28 consecutive hours

without unloading the animals for feeding, water, and rest.

(2) Sheep may be confined for an additional 8 consecutive hours

without being unloaded when the 28-hour period of confinement ends

at night. Animals may be confined for -

(A) more than 28 hours when the animals cannot be unloaded

because of accidental or unavoidable causes that could not have

been anticipated or avoided when being careful; and

(B) 36 consecutive hours when the owner or person having

custody of animals being transported requests, in writing and

separate from a bill of lading or other rail form, that the

28-hour period be extended to 36 hours.

(3) Time spent in loading and unloading animals is not included

as part of a period of confinement under this subsection.

(b) Unloading, Feeding, Watering, and Rest. - Animals being

transported shall be unloaded in a humane way into pens equipped

for feeding, water, and rest for at least 5 consecutive hours. The

owner or person having custody of the animals shall feed and water

the animals. When the animals are not fed and watered by the owner

or person having custody, the rail carrier, express carrier, or

common carrier (except by air or water), the receiver, trustee, or

lessee of one of those carriers, or the owner or master of a vessel

transporting the animals -

(1) shall feed and water the animals at the reasonable expense

of the owner or person having custody, except that the owner or

shipper may provide food;

(2) has a lien on the animals for providing food, care, and

custody that may be collected at the destination in the same way

that a transportation charge is collected; and

(3) is not liable for detaining the animals for a reasonable

period to comply with subsection (a) of this section.

(c) Nonapplication. - This section does not apply when animals

are transported in a vehicle or vessel in which the animals have

food, water, space, and an opportunity for rest.

(d) Civil Penalty. - A rail carrier, express carrier, or common

carrier (except by air or water), a receiver, trustee, or lessee of

one of those carriers, or an owner or master of a vessel that

knowingly and willfully violates this section is liable to the

United States Government for a civil penalty of at least $100 but

not more than $500 for each violation. On learning of a violation,

the Attorney General shall bring a civil action to collect the

penalty in the district court of the United States for the judicial

district in which the violation occurred or the defendant resides

or does business.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1356.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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80502(a) 45:71 (less 1st June 29, 1906, ch. 3594,

sentence 132d-153d Secs. 1-4, 34 Stat. 607.

words).

80502(b) 45:71 (1st sentence

132d-153d words).

45:72.

80502(c) 45:73 (proviso).

80502(d) 45:73 (less

proviso).

45:74.

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In this section, the words "rail carrier, express carrier" are

substituted for "railroad, express company, car company" for

consistency in the revised title. The word "air" is included in the

exception because when the source provision was enacted air

carriers did not exist. The words "a vehicle or vessel" are

substituted for "cars, boats, or vessels of any description", and

the word "vessel" is substituted for "steam, sailing, or other

vessels", for consistency in the revised title and with other

titles of the United States Code.

In subsection (a)(1), the words "transporting animals" are

substituted for "whose road forms any part of a line of road over

which cattle, sheep, swine, or other animals shall be conveyed" and

"carrying or transporting cattle, sheep, swine, or other animals"

to eliminate unnecessary words. The word "possession" is added for

consistency in the revised title and with other titles of the Code.

The words "for feeding, water, and rest" are added because of the

restatement.

In subsection (a)(2), before clause (A), the words "Sheep may be

confined for an additional 8 consecutive hours without being

unloaded when the 28-hour period of confinement ends at night" are

substituted for 45:71 (last proviso) for clarity. The words

"Animals may be confined for" are added because of the restatement.

In clause (A), the words "more than 28 hours when the animals

cannot be unloaded because of" are substituted for "unless

prevented by" because of the restatement. The word "storm" is

omitted as being included in "accidental or unavoidable causes".

The words "when being careful" are substituted for "by the exercise

of due diligence and foresight" to eliminate unnecessary words. In

clause (B), the words "36 consecutive hours when" are substituted

for "Provided, That . . . the time of confinement may be extended

to thirty-six hours" because of the restatement. The word "printed"

is omitted as surplus.

In subsection (a)(3), the words "but the time during which the

animals have been confined without such rest or food or water on

connecting roads shall be included, it being the intent of this

chapter to prohibit their continuous confinement beyond the period

of twenty-eight hours, except upon the contingencies hereinbefore

stated" are omitted as unnecessary because of the restatement.

In subsection (b), before clause (1), the word "properly" is

omitted as surplus. The words "Animals being transported shall be

unloaded" are added because of the restatement. In clause (1), the

words "except that the owner or shipper may provide food" are

substituted for "but nothing in this section shall be construed to

prevent the owner or shipper of animals from furnishing food

therefor, if he so desires" for clarity.

In subsection (c), the word "proper" is omitted as surplus.

In subsection (d), the words "liable to the United States

Government for a civil penalty" are substituted for "liable for and

forfeit and pay a penalty" in 45:73 for consistency in the revised

title and with other titles of the Code. The words "On learning of

a violation, the Attorney General shall bring a civil action to

collect the penalty" are substituted for "The penalty created by

section 73 of this title shall be recovered by civil action in the

name of the United States" in 45:74 and "and it shall be the duty

of United States attorneys to prosecute all violations of this

chapter reported by the Secretary of Agriculture, or which come to

their notice or knowledge by other means" to eliminate unnecessary

words and because of 28:509. The words "in the district court of

the United States for the judicial district" are substituted for

"in the circuit or district court holden within the district" in

section 4 of the Act of June 29, 1906 (ch. 3594, 34 Stat. 608),

because of section 291 of the Act of March 3, 1911 (ch. 231, 36

Stat. 1167), and for consistency in the revised title and with

other titles of the Code.

-End-

-CITE-

49 USC Sec. 80503 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE X - MISCELLANEOUS

CHAPTER 805 - MISCELLANEOUS

-HEAD-

Sec. 80503. Payments for inspection and quarantine services

-STATUTE-

(a) General. - (1) In this subsection -

(A) "private aircraft" means a civilian aircraft not being used

to transport passengers or property for compensation.

(B) "private vessel" means a civilian vessel not being used -

(i) to transport passengers or property for compensation; or

(ii) in fishing or fish processing operations.

(2) Notwithstanding section 451 of the Tariff Act of 1930 (19

U.S.C. 1451), the owner, operator, or agent of a private aircraft

or private vessel may pay not more than $25 for the services of an

officer or employee of the Department of Agriculture, the Customs

Service, the Immigration and Naturalization Service, or the Public

Health Service (including an independent contractor performing an

inspection service for the Public Health Service) when the services

are performed on a Sunday, holiday, or from 5 p.m. through 8 a.m.

on a weekday, and are related to the aircraft's or vessel's arrival

in, or departure from, the United States. However, the owner,

operator, or agent does not have to pay for the services from 5

p.m. through 8 a.m. on a weekday when an officer or employee on

regular duty is available at the place of arrival or departure to

perform services.

(3) The head of a department, agency, or instrumentality of the

United States Government providing services under paragraph (2) of

this subsection shall collect the amount paid for the services and

deposit the amount in the Treasury. The amount shall be credited to

the appropriation of the department, agency, or instrumentality

against which the expense of those services was charged.

(b) Limitations on Reimbursement. - (1) An owner or operator of

an aircraft is required to reimburse the head of a department,

agency, or instrumentality of the Government for the expenses of

performing an inspection or quarantine service related to the

aircraft at a place of inspection during regular service hours on a

Sunday or holiday only to the same extent that an owner or operator

makes reimbursement for the service during regular service hours on

a weekday. The head of the department, agency, or instrumentality

may not assess an owner or operator of an aircraft for

administrative overhead expenses for inspection or quarantine

service provided by the department, agency, or instrumentality at

an entry airport.

(2) This subsection does not require reimbursement for costs

incurred by the Secretary of the Treasury in providing customs

services described in section 13031(e)(1) of the Consolidated

Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(e)(1)).

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1357.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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80503(a)(1) 49 App.:1741(d). May 21, 1970, Pub. L.

91-258, Sec. 53(a)-(d), 84

Stat. 236.

80503(a)(2) 49 App.:1741(a),

(b).

80503(a)(3) 49 App.:1741(c).

80503(b) 49 App.:1741(e). May 21, 1970, Pub. L.

91-258, 84 Stat. 219, Sec.

53(e); added Oct. 22, 1986,

Pub. L. 99-514, Sec.

1893(f), 100 Stat. 2930.

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In subsection (a)(1), the word "passengers" is substituted for

"persons" for consistency in the revised title and with other

titles of the United States Code. The word "hire" is omitted as

being included in "compensation". In clause (B)(ii), the words

"fishing or fish processing operations" are substituted for

"fishing operations or in processing of fish or fish products" to

eliminate unnecessary words.

In subsection (a)(2), the words "or any other provisions of law"

are omitted as unnecessary. The words "on or after July 1, 1970"

are omitted as executed. The words "upon the request of such owner,

operator, or agent" are omitted as unnecessary. The words "from 5

p.m. through 8 a.m." are substituted for "at any time after 5

o'clock postmeridian or before 8 o'clock antemeridian" to eliminate

unnecessary words. The words "Notwithstanding any other provision

of law" are omitted as unnecessary because of the restatement. The

words "the owner, operator, or agent does not have to pay" are

substituted for "no payment shall be required" for clarity. The

words "from 5 p.m. through 8 a.m." after "the services" are added

for clarity. The words "an officer or employee on regular duty" are

substituted for "an officer or employee stationed on his regular

tour of duty" to eliminate unnecessary words.

In subsection (b)(1), the words "related to the aircraft" are

substituted for "as a consequence of the operation of aircraft",

and the words "a place of inspection" are substituted for "at

airports of entry or other places of inspection", to eliminate

unnecessary words. The words "The head of the department, agency,

or instrumentality may not assess" are substituted for "shall not

be assessed against" because of the restatement. The word

"expenses" is substituted for "costs" for consistency in this

section.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

of functions, and treatment of related references, see note set out

under section 1551 of Title 8, Aliens and Nationality.

-End-

-CITE-

49 USC Sec. 80504 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE X - MISCELLANEOUS

CHAPTER 805 - MISCELLANEOUS

-HEAD-

Sec. 80504. Medals of honor

-STATUTE-

(a) Medals. - The President may prepare and give a bronze medal

of honor with emblematic devices to an individual who by extreme

daring endangers that individual's life in trying to prevent, or

save the life of another in, a grave accident in the United States

involving a rail carrier providing transportation in interstate

commerce or involving a motor vehicle on the public streets, roads,

or highways. The President may give a medal only when sufficient

evidence that the individual deserves the medal has been filed

under regulations prescribed by the President.

(b) Ribbons, Knots, and Rosettes. - The President may give an

individual who receives a medal a ribbon to be worn with the medal

and a knot or rosette to be worn in place of the medal. The

President shall prescribe the design for the ribbon, knot, and

rosette. If the ribbon is lost, destroyed, or made unfit for use

and the individual receiving the medal is not negligent, the

President shall issue a new ribbon without charge to the

individual.

(c) Availability of Appropriations. - Appropriations made to the

Secretary of Transportation are available to carry out this

section.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1358.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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80504(a) 49 App.:1201. Feb. 23, 1905, ch. 744, Sec.

1, 33 Stat. 743; June 13,

1957, Pub. L. 85-50, Sec.

1(1), 71 Stat. 69.

80504(b) 49 App.:1202. Feb. 23, 1905, ch. 744, Sec.

2, 33 Stat. 743.

80504(c) 49 App.:1203. Feb. 23, 1905, ch. 744, Sec.

3, 33 Stat. 743; restated

June 13, 1957, Pub. L.

85-50, Sec. 1(2), 71 Stat.

69.

49 App.:1655(e)(3). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(e)(3), 80

Stat. 939.

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In subsection (a), the words "may prepare and give" are

substituted for "is authorized to cause to be prepared . . . which

shall be bestowed" for clarity. The word "suitable" is omitted as

surplus. The word "individual" is substituted for "persons" because

it is more precise. The words "trying to prevent, or save the life

of another in" are substituted for "in saving, or endeavoring to

save, lives . . . or in preventing or endeavoring to prevent" to

eliminate unnecessary words. The words "grave accident" are

substituted for "wreck, disaster, or grave accident" because they

are inclusive. The words "rail carrier providing transportation in

interstate commerce" are substituted for "railroad . . . engaged in

interstate commerce" for consistency in the revised title. The

words "The President may give a medal only when" are substituted

for "Provided, That no award of said medal shall be made to any

person until" for clarity. The word "filed" is substituted for

"furnished and placed on file" to eliminate unnecessary words.

In subsection (b), the words "and the individual receiving the

medal is not negligent" are substituted for "without fault or

neglect on the part of the person to whom it was issued" to

eliminate unnecessary words. The words "the President shall issue"

are substituted for "shall be issued" for clarity.

In subsection (c), the words "to the Secretary of Transportation"

are substituted for "for the Department of Transportation" because

of 49:102(b).

-End-