dreamproit/uscode huggingface dataset:
49 U.S.C. § 11701 (TRANSPORTATION)
§ 11701. General authority
(a) Except as otherwise provided in this part, the Board may begin an investigation under this part only on complaint. If the Board finds that a rail carrier is violating this part, the Board shall take appropriate action to compel compliance with this part.
(b) A person, including a governmental authority, may file with the Board a complaint about a violation of this part by a rail carrier providing transportation or service subject to the jurisdiction of the Board under this part. The complaint must state the facts that are the subject of the violation. The Board may dismiss a complaint it determines does not state reasonable grounds for investigation and action. However, the Board may not dismiss a complaint made against a rail carrier providing transportation subject to the jurisdiction of the Board under this part because of the absence of direct damage to the complainant.
(c) A formal investigative proceeding begun by the Board under subsection (a) of this section is dismissed automatically unless it is concluded by the Board with administrative finality by the end of the third year after the date on which it was begun.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 845.)
heading: Prior Provisions
text: A prior section 11701, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1449; Pub. L. 96–296, § 26(a), July 1, 1980, 94 Stat. 818; Pub. L. 98–554, title II, § 226(c)(4), Oct. 30, 1984, 98 Stat. 2851; Pub. L. 99–521, § 12(a), Oct. 22, 1986, 100 Stat. 2998; Pub. L. 100–690, title IX, § 9111(i), Nov. 18, 1988, 102 Stat. 4534; Pub. L. 103–272, § 5(m)(34), July 5, 1994, 108 Stat. 1378, related to general authority of Interstate Commerce Commission to enforce this subtitle, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See sections 11701, 14701, and 15901 of this title.
heading: Effective Date
text: 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.
49 U.S.C. § 11702 (TRANSPORTATION)
§ 11702. Enforcement by the Board
The Board may bring a civil action—
(1) to enjoin a rail carrier from violating sections 10901 through 10906 of this title, or a regulation prescribed or order or certificate issued under any of those sections;
(2) to enforce subchapter II of chapter 113 of this title and to compel compliance with an order of the Board under that subchapter; and
(3) to enforce an order of the Board, except a civil action to enforce an order for the payment of money, when it is violated by a rail carrier providing transportation subject to the jurisdiction of the Board under this part.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 845.)
heading: Prior Provisions
text: A prior section 11702, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1450; Pub. L. 96–296, §§ 15(c), 16(c), July 1, 1980, 94 Stat. 809, 810; Pub. L. 97–261, § 25(e), Sept. 20, 1982, 96 Stat. 1125; Pub. L. 98–554, title II, § 226(c)(5), Oct. 30, 1984, 98 Stat. 2851; Pub. L. 100–690, title IX, § 9111(j), Nov. 18, 1988, 102 Stat. 4534, related to authority of Interstate Commerce Commission to bring a civil action to enforce various provisions of this subtitle, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See sections 11702, 14702, and 15902 of this title.
49 U.S.C. § 11703 (TRANSPORTATION)
§ 11703. Enforcement by the Attorney General
(a) The Attorney General may, and on request of the Board shall, bring court proceedings to enforce this part, or a regulation or order of the Board or certificate issued under this part, and to prosecute a person violating this part or a regulation or order of the Board or certificate issued under this part.
(b) The United States Government may bring a civil action on behalf of a person to compel a rail carrier providing transportation subject to the jurisdiction of the Board under this part to provide that transportation to that person in compliance with this part at the same rate charged, or on conditions as favorable as those given by the rail carrier, for like traffic under similar conditions to another person.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 845.)
heading: Prior Provisions
text: A prior section 11703, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1450, related to authority of Attorney General and United States Government to bring civil actions to enforce this subtitle, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See sections 11703, 14703, and 15903 of this title.
49 U.S.C. § 11705 (TRANSPORTATION)
§ 11705. Limitation on actions by and against rail carriers
(a) A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part must begin a civil action to recover charges for transportation or service provided by the carrier within 3 years after the claim accrues.
(b) A person must begin a civil action to recover overcharges under section 11704(b) of this title within 3 years after the claim accrues, whether or not a complaint is filed under section 11704(c)(1).
(c) A person must file a complaint with the Board to recover damages under section 11704(b) of this title within 2 years after the claim accrues.
(d) The limitation period under subsection (b) of this section is extended for 6 months from the time written notice is given to the claimant by the rail carrier of disallowance of any part of the claim specified in the notice if a written claim is given to the rail carrier within that limitation period. The limitation periods under subsections (b) and (c) of this section are extended for 90 days from the time the rail carrier begins a civil action under subsection (a) of this section to recover charges related to the same transportation or service, or collects (without beginning a civil action under that subsection) the charge for that transportation or service if that action is begun or collection is made within the appropriate period.
(e) A person must begin a civil action to enforce an order of the Board against a rail carrier for the payment of money within one year after the date the order required the money to be paid.
(f) This section applies to transportation for the United States Government. The time limitations under this section are extended, as related to transportation for or on behalf of the United States Government, for 3 years from the date of—
(1) payment of the rate for the transportation or service involved;
(2) subsequent refund for overpayment of that rate; or
(3) deduction made under section 3726 of title 31, whichever is later.
(g) A claim related to a shipment of property accrues under this section on delivery or tender of delivery by the rail carrier.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 847.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11706 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
A prior section 11705, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1451; Pub. L. 99–521, § 12(b), Oct. 22, 1986, 100 Stat. 2998, related to rights and remedies of persons injured by certain carriers, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See sections 11704, 14704, and 15904 of this title.
49 U.S.C. § 11707 (TRANSPORTATION)
§ 11707. Liability when property is delivered in violation of routing instructions
(a)
(1) When a rail carrier providing transportation subject to the jurisdiction of the Board under this part diverts or delivers property to another rail carrier in violation of routing instructions in the bill of lading, both of those rail carriers are jointly and severally liable to the rail carrier that was deprived of its right to participate in hauling that property for the total amount of the rate it would have received if it participated in hauling the property.
(2) A rail carrier is not liable under paragraph (1) of this subsection when it diverts or delivers property in compliance with an order or regulation of the Board.
(3) A rail carrier to whom property is transported is not liable under this subsection if it shows that it had no notice of the routing instructions before transporting the property. The burden of proving lack of notice is on that rail carrier.
(b) The court shall award a reasonable attorney’s fee to the plaintiff in a judgment against the defendant rail carrier under subsection (a) of this section. The court shall tax and collect that fee as a part of the costs of the action.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 849.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11710 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
Prior sections 11707 to 11712 were omitted in the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
Section 11707, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1453; Pub. L. 96–258, § 1(14), June 3, 1980, 94 Stat. 427; Pub. L. 96–296, § 26(b), July 1, 1980, 94 Stat. 818; Pub. L. 96–448, title II, § 211(c), Oct. 14, 1980, 94 Stat. 1911; Pub. L. 99–521, § 12(d), Oct. 22, 1986, 100 Stat. 2998; Pub. L. 100–690, title IX, § 9114, Nov. 18, 1988, 102 Stat. 4535, related to liability of common carriers under receipts and bills of lading. See sections 11706, 14706, and 15906 of this title.
Section 11708, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1454; Pub. L. 99–521, § 12(e)(1), (2), Oct. 22, 1986, 100 Stat. 2998, related to private enforcement of motor carrier and household goods freight forwarder licensing requirements. See section 14707 of this title.
Section 11709, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1454, related to liability for issuance of securities by certain carriers.
Section 11710, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1455, related to liability when property is delivered in violation of routing instructions. See section 11707 of this title.
Section 11711, added Pub. L. 96–454, § 7(a)(1), Oct. 15, 1980, 94 Stat. 2016; amended Pub. L. 97–261, § 6(d)(2), Sept. 20, 1982, 96 Stat. 1107, related to dispute settlement program for household goods carriers. See section 14708 of this title.
Section 11712, added Pub. L. 103–180, § 4(a), Dec. 3, 1993, 107 Stat. 2049, related to tariff reconciliation rules for motor common carriers of property. See section 14709 of this title.
49 U.S.C. § 11902 (TRANSPORTATION)
§ 11902. Interference with railroad car supply
(a) A person that offers or gives anything of value to another person acting for or employed by a rail carrier providing transportation subject to the jurisdiction of the Board under this part intending to influence an action of that other person related to supply, distribution, or movement of cars, vehicles, or vessels used in the transportation of property, or because of the action of that other person, shall be fined not more than $1,000, imprisoned for not more than 2 years, or both.
(b) A person acting for or employed by a rail carrier providing transportation subject to the jurisdiction of the Board under this part that solicits, accepts, or receives anything of value—
(1) intending to be influenced by it in an action of that person related to supply, distribution, or movement of cars, vehicles, or vessels used in the transportation of property; or
(2) because of the action of that person,
shall be fined not more than $1,000, imprisoned for not more than 2 years, or both.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 850.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11907 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
Prior sections 11902 and 11902a were omitted in the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
Section 11902, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1457, related to civil penalties for accepting rebates from common carriers. See section 14902 of this title.
Section 11902a, added Pub. L. 96–296, § 15(b)(1), July 1, 1980, 94 Stat. 809, related to penalties for violations of rules relating to loading and unloading motor vehicles. See section 14905 of this title.
49 U.S.C. § 11903 (TRANSPORTATION)
§ 11903. Record keeping and reporting violations
A person required to make a report to the Board, or make, prepare, or preserve a record, under subchapter III of chapter 111 of this title about transportation subject to the jurisdiction of the Board under this part 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 Board; or
(5) files a false report or record with the Board,
shall be fined not more than $5,000, imprisoned for not more than 2 years, or both.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 851.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11909 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
A prior section 11903, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1457, related to rate, discrimination, and tariff violations, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See section 14903 of this title.
49 U.S.C. § 11904 (TRANSPORTATION)
§ 11904. Unlawful disclosure of information
(a) A—
(1) rail carrier providing transportation subject to the jurisdiction of the Board under this part, or an officer, agent, or employee of that rail carrier, or another person authorized to receive information from that rail carrier, that knowingly discloses to another person, except the shipper or consignee; or
(2) person who solicits or knowingly receives,
information described in subsection (b) without the consent of the shipper or consignee shall be fined not more than $1,000.
(b) The information referred to in subsection (a) is information about the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to that rail carrier for transportation provided under this part, or information about the contents of a contract authorized under section 10709 of this title, that 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.
(c) This part does not prevent a rail carrier providing transportation subject to the jurisdiction of the Board under this part 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; or
(3) to another rail carrier or its agent to adjust mutual traffic accounts in the ordinary course of business.
(d) An employee of the Board delegated to make an inspection or examination under section 11144 of this title who knowingly discloses information acquired during that inspection or examination, except as directed by the Board, a court, or a judge of that court, shall be fined not more than $500, imprisoned for not more than 6 months, or both.
(e) A person that knowingly discloses confidential data made available to such person under section 11163 of this title by a rail carrier providing transportation subject to the jurisdiction of the Board under this part shall be fined not more than $50,000.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 851; amended Pub. L. 105–102, § 2(6), Nov. 20, 1997, 111 Stat. 2204.)
heading: Historical and Revision Notes
heading: Pub. L. 105–102
text: This amends 49:11904(a)(2) to correct a grammatical error.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11910 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
A prior section 11904, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1457; Pub. L. 99–521, § 13(a), Oct. 22, 1986, 100 Stat. 2998, related to additional rate and discrimination violations, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See section 14904 of this title.
heading: Amendments
text: 1997—Subsec. (a)(2). Pub. L. 105–102 struck out “a” before “person”.
49 U.S.C. § 11905 (TRANSPORTATION)
§ 11905. Disobedience to subpoenas
A person not obeying a subpoena or requirement of the Board 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.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 852.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11913 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
A prior section 11905, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1459; Pub. L. 97–261, § 29(e), Sept. 20, 1982, 96 Stat. 1128, related to transportation of passengers without charge, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 11906 (TRANSPORTATION)
§ 11906. General criminal penalty when specific penalty not provided
When another criminal penalty is not provided under this chapter, a rail carrier providing transportation subject to the jurisdiction of the Board under this part, and when that rail carrier is a corporation, a director or officer of the corporation, or a receiver, trustee, lessee, or person acting for or employed by the corporation that, alone or with another person, willfully violates this part or an order prescribed under this part, shall be fined not more than $5,000. The person may be imprisoned for not more than 2 years in addition to being fined under this section. A separate violation occurs each day a violation of this part continues.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 852; amended Pub. L. 105–102, § 2(7), Nov. 20, 1997, 111 Stat. 2204.)
heading: Historical and Revision Notes
heading: Pub. L. 105–102
text: This amends 49:11906 to correct an erroneous cross-reference.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11914 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
A prior section 11906, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1459, related to evasion of regulation of motor carriers and brokers, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See section 14906 of this title.
heading: Amendments
text: 1997—Pub. L. 105–102 substituted “violation of this part” for “violation of this title”.
49 U.S.C. § 11907 (TRANSPORTATION)
§ 11907. Punishment of corporation for violations committed by certain individuals
An act or omission that would be a violation of this part if committed by a director, officer, receiver, trustee, lessee, agent, or employee of a rail carrier providing transportation or service subject to the jurisdiction of the Board under this part that is a corporation is also a violation of this part by that corporation. The penalties of this chapter apply to that violation. When acting in the scope of their employment, the actions and omissions of individuals acting for or employed by that rail carrier are considered to be the actions and omissions of that rail carrier as well as that individual.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 852.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11915 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
A prior section 11907, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1459, related to interference with railroad car supply, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See section 11902 of this title.
49 U.S.C. § 13103 (TRANSPORTATION)
§ 13103. Remedies as cumulative
Except as otherwise provided in this part, the remedies provided under this part are in addition to remedies existing under another law or common law.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 856.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10103 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 13302 (TRANSPORTATION)
§ 13302. Intervention
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.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 858.)
heading: Prior Provisions
text: 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, § 102(a).
49 U.S.C. § 13303 (TRANSPORTATION)
§ 13303. Service of notice in proceedings
(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.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 858.)
heading: Prior Provisions
text: 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, § 102(a).
49 U.S.C. § 13304 (TRANSPORTATION)
§ 13304. Service of process in court proceedings
(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.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 858.)
heading: Prior Provisions
text: 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, § 102(a).