dreamproit/uscode huggingface dataset:
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”.
heading: Effective Date
text: Section 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 1301 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.
heading: Effective Date
text: Section 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 1301 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).
heading: Effective Date
text: Section 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 1301 of this title.
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).
heading: Effective Date
text: Section 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 1301 of this title.
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).
heading: Effective Date
text: Section 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 1301 of this title.
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).
heading: Effective Date
text: Section 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 1301 of this title.
49 U.S.C. § 13501 (TRANSPORTATION)
§ 13501. General jurisdiction
The Secretary and the Board have jurisdiction, as specified in this part, over transportation by motor carrier and the procurement of that transportation, to the extent that passengers, property, or both, are transported by motor carrier—
(1) between a place in—
(A) a State and a place in another State;
(B) a State and another place in the same State through another State;
(C) the United States and a place in a territory or possession of the United States to the extent the transportation is in the United States;
(D) the United States and another place in the United States through a foreign country to the extent the transportation is in the United States; or
(E) the United States and a place in a foreign country to the extent the transportation is in the United States; and
(2) in a reservation under the exclusive jurisdiction of the United States or on a public highway.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 859.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10521 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
heading: Effective Date
text: Section 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 1301 of this title.
49 U.S.C. § 13502 (TRANSPORTATION)
§ 13502. Exempt transportation between Alaska and other States
To the extent that transportation by a motor carrier between a place in Alaska and a place in another State under section 13501 is provided in a foreign country—
(1) neither the Secretary nor the Board has jurisdiction to impose a requirement over conduct of the motor carrier in the foreign country conflicting with a requirement of that country; but
(2) the motor carrier, as a condition of providing transportation in the United States, shall comply, with respect to all transportation provided between Alaska and the other State, with the requirements of this part related to rates and practices applicable to the transportation.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 859.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10522 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
heading: Effective Date
text: Section 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 1301 of this title.
49 U.S.C. § 13503 (TRANSPORTATION)
§ 13503. Exempt motor vehicle transportation in terminal areas
(a) Transportation by Carriers.—
(1) In general.—
Neither the Secretary nor the Board has jurisdiction under this subchapter over transportation by motor vehicle provided in a terminal area when the transportation—
(A) is a transfer, collection, or delivery;
(B) is provided by—
(i) a rail carrier subject to jurisdiction under chapter 105;
(ii) a water carrier subject to jurisdiction under subchapter II of this chapter; or
(iii) a freight forwarder subject to jurisdiction under subchapter III of this chapter; and
(C) is incidental to transportation or service provided by the carrier or freight forwarder that is subject to jurisdiction under chapter 105 of this title or under subchapter II or III of this chapter.
(2) Applicability of other provisions.—
Transportation exempt from jurisdiction under paragraph (1) of this subsection is subject to jurisdiction under chapter 105 when provided by such a rail carrier, under subchapter II of this chapter when provided by such a water carrier, and under subchapter III of this chapter when provided by such a freight forwarder.
(b) Transportation by Agent.—
(1) In general.—
Except to the extent provided by paragraph (2) of this subsection, neither the Secretary nor the Board has jurisdiction under this subchapter over transportation by motor vehicle provided in a terminal area when the transportation—
(A) is a transfer, collection, or delivery; and
(B) is provided by a person as an agent or under other arrangement for—
(i) a rail carrier subject to jurisdiction under chapter 105 of this title;
(ii) a motor carrier subject to jurisdiction under this subchapter;
(iii) a water carrier subject to jurisdiction under subchapter II of this chapter; or
(iv) a freight forwarder subject to jurisdiction under subchapter III of this chapter.
(2) Treatment of transportation by principal.—
Transportation exempt from jurisdiction under paragraph (1) of this subsection is considered transportation provided by the carrier or service provided by the freight forwarder for whom the transportation was provided and is subject to jurisdiction under chapter 105 of this title when provided for such a rail carrier, under this subchapter when provided for such a motor carrier, under subchapter II of this chapter when provided for such a water carrier, and under subchapter III of this chapter when provided for such a freight forwarder.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 860.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10523 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
heading: Effective Date
text: Section 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 1301 of this title.
49 U.S.C. § 13504 (TRANSPORTATION)
§ 13504. Exempt motor carrier transportation entirely in one State
Neither the Secretary nor the Board has jurisdiction under this subchapter over transportation, except transportation of household goods, by a motor carrier operating solely within the State of Hawaii. The State of Hawaii may regulate transportation exempt from jurisdiction under this section and, to the extent provided by a motor carrier operating solely within the State of Hawaii, transportation exempt under section 13503 of this title.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 860.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10525 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
heading: Effective Date
text: Section 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 1301 of this title.
49 U.S.C. § 13505 (TRANSPORTATION)
§ 13505. Transportation furthering a primary business
(a) In General.—
Neither the Secretary nor the Board has jurisdiction under this part over the transportation of property by motor vehicle when—
(1) the property is transported by a person engaged in a business other than transportation; and
(2) the transportation is within the scope of, and furthers a primary business (other than transportation) of the person.
(b) Corporate Families.—
(1) In general.—
Neither the Secretary nor the Board has jurisdiction under this part over transportation of property by motor vehicle for compensation provided by a person who is a member of a corporate family for other members of such corporate family.
(2) Definition.—
In this section, “corporate family” means a group of corporations consisting of a parent corporation and all subsidiaries in which the parent corporation owns directly or indirectly a 100 percent interest.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 861.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10524 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
heading: Effective Date
text: Section 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 1301 of this title.
49 U.S.C. § 13507 (TRANSPORTATION)
§ 13507. Mixed loads of regulated and unregulated property
A motor carrier of property providing transportation exempt from jurisdiction under paragraph (6), (8), (11), (12), or (13) of section 13506(a) may transport property under such paragraph in the same vehicle and at the same time as property which the carrier is authorized to transport under a registration issued under section 13902(a). Such transportation shall not affect the unregulated status of such exempt property or the regulated status of the property which the carrier is authorized to transport under such registration.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 863.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10528 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
heading: Effective Date
text: Section 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 1301 of this title.
49 U.S.C. § 13521 (TRANSPORTATION)
§ 13521. General jurisdiction
(a) General Rules.—
The Secretary and the Board have jurisdiction over transportation insofar as water carriers are concerned—
(1) by water carrier between a place in a State and a place in another State, even if part of the transportation is outside the United States;
(2) by water carrier and motor carrier from a place in a State to a place in another State; except that if part of the transportation is outside the United States, the Secretary only has jurisdiction over that part of the transportation provided—
(A) by motor carrier that is in the United States; and
(B) by water carrier that is from a place in the United States to another place in the United States; and
(3) by water carrier or by water carrier and motor carrier between a place in the United States and a place outside the United States, to the extent that—
(A) when the transportation is by motor carrier, the transportation is provided in the United States;
(B) when the transportation is by water carrier to a place outside the United States, the transportation is provided by water carrier from a place in the United States to another place in the United States before transshipment from a place in the United States to a place outside the United States; and
(C) when the transportation is by water carrier from a place outside the United States, the transportation is provided by water carrier from a place in the United States to another place in the United States after transshipment to a place in the United States from a place outside the United States.
(b) Definitions.—
In this section, the terms “State” and “United States” include the territories and possessions of the United States.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 865.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10541 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
heading: Effective Date
text: Section 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 1301 of this title.
49 U.S.C. § 13531 (TRANSPORTATION)
§ 13531. General jurisdiction
(a) In General.—
The Secretary and the Board have jurisdiction, as specified in this part, over service that a freight forwarder undertakes to provide, or is authorized or required under this part to provide, to the extent transportation is provided in the United States and is between—
(1) a place in a State and a place in another State, even if part of the transportation is outside the United States;
(2) a place in a State and another place in the same State through a place outside the State; or
(3) a place in the United States and a place outside the United States.
(b) Exemption of Certain Air Carrier Service.—
Neither the Secretary nor the Board has jurisdiction under subsection (a) of this section over service undertaken by a freight forwarder using transportation of an air carrier subject to part A of subtitle VII of this title.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 865.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10561 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
heading: Effective Date
text: Section 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 1301 of this title.
49 U.S.C. § 13541 (TRANSPORTATION)
§ 13541. Authority to exempt transportation or services
(a) In General.—
In any matter subject to jurisdiction under this part, the Secretary or the Board, as applicable, shall exempt a person, class of persons, or a transaction or service from the application, in whole or in part, of a provision of this part, or use this exemption authority to modify the application of a provision of this part as it applies to such person, class, transaction, or service, when the Secretary or Board finds that the application of that provision—
(1) is not necessary to carry out the transportation policy of section 13101;
(2) is not needed to protect shippers from the abuse of market power or that the transaction or service is of limited scope; and
(3) is in the public interest.
(b) Initiation of Proceeding.—
The Secretary or Board, as applicable, may, where appropriate, begin a proceeding under this section on the Secretary’s or Board’s own initiative or on application by an interested party.
(c) Period of Exemption.—
The Secretary or Board, as applicable, may specify the period of time during which an exemption granted under this section is effective.
(d) Revocation.—
The Secretary or Board, as applicable, may revoke an exemption, to the extent specified, on finding that application of a provision of this part to the person, class, or transportation is necessary to carry out the transportation policy of section 13101.
(e) Limitations.—
(1) In general.—
The exemption authority under this section may not be used to relieve a person from the application of, and compliance with, any law, rule, regulation, standard, or order pertaining to cargo loss and damage, insurance, safety fitness, or activities approved under section 13703 or 14302 or not terminated under section 13907(d)(2).
(2) Water carriers.—
The Secretary or Board, as applicable, may not exempt a water carrier from the application of, or compliance with, section 13701 or 13702 for transportation in the non-contiguous domestic trade.
(f) Continuation of Certain Existing Exemptions for Water Carriers.—
The Secretary or Board, as applicable, shall not regulate or exercise jurisdiction under this part over the transportation by water carrier in the non-contiguous domestic trade of any cargo or type of cargo or service which was not subject to regulation by, or under the jurisdiction of, either the Federal Maritime Commission or Interstate Commerce Commission under Federal law in effect on November 1, 1995.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 866.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10505 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
heading: Effective Date
text: Section 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 1301 of this title.
heading: Abolition of Interstate Commerce Commission
text: Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 1301 of this title.