-CITE-

49 USC CHAPTER 133 - ADMINISTRATIVE PROVISIONS 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 133 - ADMINISTRATIVE PROVISIONS

-HEAD-

CHAPTER 133 - ADMINISTRATIVE PROVISIONS

-MISC1-

Sec.

13301. Powers.

13302. Intervention.

13303. Service of notice in proceedings.

13304. Service of process in court proceedings.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 113 of this title.

-End-

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49 USC Sec. 13301 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 133 - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 13301. Powers

-STATUTE-

(a) General Powers of Secretary. - Except as otherwise specified,

the Secretary shall carry out this part. Enumeration of a power of

the Secretary in this part does not exclude another power the

Secretary may have in carrying out this part. The Secretary may

prescribe regulations in carrying out this part.

(b) Obtaining Information. - The Secretary may obtain from

carriers providing, and brokers for, transportation and service

subject to this part, and from persons controlling, controlled by,

or under common control with those carriers or brokers to the

extent that the business of that person is related to the

management of the business of that carrier or broker, information

the Secretary decides is necessary to carry out this part.

(c) Subpoena Power. -

(1) By secretary. - The Secretary may subpoena witnesses and

records related to a proceeding under this part from any place in

the United States, to the designated place of the proceeding. If

a witness disobeys a subpoena, the Secretary, or a party to a

proceeding under this part, may petition a court of the United

States to enforce that subpoena.

(2) Enforcement. - The district courts of the United States

have jurisdiction to enforce a subpoena issued under this

section. Trial is in the district in which the proceeding is

conducted. The court may punish a refusal to obey a subpoena as a

contempt of court.

(d) Testimony of Witnesses. -

(1) Procedure for taking testimony. - In a proceeding under

this part, the Secretary may take the testimony of a witness by

deposition and may order the witness to produce records. A party

to a proceeding pending under this part may take the testimony of

a witness by deposition and may require the witness to produce

records at any time after a proceeding is at issue on petition

and answer.

(2) Subpoena. - If a witness fails to be deposed or to produce

records under paragraph (1) of this subsection, the Secretary may

subpoena the witness to take a deposition, produce the records,

or both.

(3) Depositions. - 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.

(4) Notice of deposition. - 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.

(5) Transcript. - 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.

(6) Foreign country. - 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. A deposition shall

be filed with the Secretary promptly.

(e) Witness Fees. - 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.

(f) Powers of Board. - For those provisions of this part that are

specified to be carried out by the Board, the Board shall have the

same powers as the Secretary has under this section.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

856.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 10321 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

EFFECTIVE DATE

Chapter effective Jan. 1, 1996, except as otherwise provided in

Pub. L. 104-88, see section 2 of Pub. L. 104-88, set out as a note

under section 701 of this title.

-End-

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49 USC Sec. 13302 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 133 - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 13302. Intervention

-STATUTE-

Under regulations of the Secretary, reasonable notice of, and an

opportunity to intervene and participate in, a proceeding under

this part related to transportation subject to jurisdiction under

subchapter I of chapter 135 shall be given to interested persons.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

858.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 10328 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

-End-

-CITE-

49 USC Sec. 13303 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 133 - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 13303. Service of notice in proceedings

-STATUTE-

(a) Agents for Service of Process. - A carrier, a broker, or a

freight forwarder providing transportation or service subject to

jurisdiction under chapter 135 shall designate, in writing, an

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

a proceeding before, and of actions of, the Secretary may be made.

(b) Filing With State. - A motor carrier providing transportation

under this part shall also file the designation with the

appropriate authority of each State in which it operates. The

designation may be changed at any time in the same manner as

originally made.

(c) Notice. - A notice to a motor carrier, freight forwarder, or

broker shall be served personally or by mail on the motor carrier,

freight forwarder, or broker or on its designated agent. Service by

mail on the designated agent shall be 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 a motor

carrier, freight forwarder, or broker does not have a designated

agent, service may be made by posting a copy of the notice at the

headquarters of the Department of Transportation.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

858.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 10329 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13906 of this title.

-End-

-CITE-

49 USC Sec. 13304 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

FORWARDERS

CHAPTER 133 - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 13304. Service of process in court proceedings

-STATUTE-

(a) Designation of Agent. - A motor carrier or broker providing

transportation subject to jurisdiction under chapter 135, including

a motor carrier or broker operating within 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 or broker. The designation shall be in

writing and filed with the Department of Transportation and each

State in which the carrier operates may require that an additional

designation be filed with it. If a designation under this

subsection is not made, service may be made on any agent of the

carrier or broker within that State.

(b) Change. - A designation under this section may be changed at

any time in the same manner as originally made.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat.

858.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 10330 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13906, 13908 of this

title.

-End-