Browse Arkansas Code titles and sections
49 U.S.C. § 14701 — General authority
Federal law — U.S. Code and appendices · legal_authorities
**(a) Investigations.—** The Secretary or the Board, as applicable, may begin an investigation under this part on the Secretary’s or the Board’s own initiative or on complaint. If the Secretary or Board, as applicable, finds that a carrier or broker is violating this part, the Secretary or Board, as applicable, shall take appropriate action to compel compliance with this part. If the Secretary finds that a foreign motor carrier or foreign motor private carrier is violating chapter 139, the Secretary shall take appropriate action to compel compliance with that chapter. The Secretary or Board, as applicable, may take action under this subsection only after giving the carrier or broker notice of the investigation and an opportunity for a proceeding.
**(b) Complaints.—** A person, including a governmental authority, may file with the Secretary or Board, as applicable, a complaint about a violation of this part by a carrier providing, or broker for, transportation or service subject to jurisdiction under this part or a foreign motor carrier or foreign motor private carrier providing transportation registered under [section 13902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section13902&num=0&edition=prelim). The complaint must state the facts that are the subject of the violation. The Secretary or Board, as applicable, may dismiss a complaint that it determines does not state reasonable grounds for investigation and action.
**(c) Deadline.—** A formal investigative proceeding begun by the Secretary or Board under subsection (a) of this section is dismissed automatically unless it is concluded with administrative finality by the end of the 3d year after the date on which it was begun.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 14701
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 3e3b31ef33bd4ed7c7249b677809449db9d92880bf93444ce163fad8d4bbc47c. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_0b0b9b2c07d0d5ec985003df
Source file: Laws/federal/codes/united-states-code/title-49/section-14701-general-authority--5c76ef0b25.md
Pages: Not recorded – Not recorded
Passage SHA-256: 5f5092a0011facede0549c9b6aaf7f83fc7e032345cf9816ed9da5c611092aa2
Source location: Title 49, Chapter 147, § 14701; chapter-147-enforcement-investigations-rights-remedies.md
Stored source content
**(a) Investigations.—** The Secretary or the Board, as applicable, may begin an investigation under this part on the Secretary’s or the Board’s own initiative or on complaint. If the Secretary or Board, as applicable, finds that a carrier or broker is violating this part, the Secretary or Board, as applicable, shall take appropriate action to compel compliance with this part. If the Secretary finds that a foreign motor carrier or foreign motor private carrier is violating chapter 139, the Secretary shall take appropriate action to compel compliance with that chapter. The Secretary or Board, as applicable, may take action under this subsection only after giving the carrier or broker notice of the investigation and an opportunity for a proceeding.
**(b) Complaints.—** A person, including a governmental authority, may file with the Secretary or Board, as applicable, a complaint about a violation of this part by a carrier providing, or broker for, transportation or service subject to jurisdiction under this part or a foreign motor carrier or foreign motor private carrier providing transportation registered under [section 13902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section13902&num=0&edition=prelim). The complaint must state the facts that are the subject of the violation. The Secretary or Board, as applicable, may dismiss a complaint that it determines does not state reasonable grounds for investigation and action.
**(c) Deadline.—** A formal investigative proceeding begun by the Secretary or Board under subsection (a) of this section is dismissed automatically unless it is concluded with administrative finality by the end of the 3d year after the date on which it was begun.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as otherwise provided in this part, the Board may begin an investigation under this part on the Board’s own initiative or upon receiving a complaint pursuant to subsection (b). If the Board finds that a rail carrier is violating this part, the Board shall take appropriate action to compel compliance with this part. If the Board finds a violation of this part in a proceeding brought on its own initiative, any remedy from such proceeding may only be applied prospectively.
**(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.
**(d)** In any investigation commenced on the Board’s own initiative, the Board shall—
(1) not later than 30 days after initiating the investigation, provide written notice to the parties under investigation, which shall state the basis for such investigation;
(2) only investigate issues that are of national or regional significance;
(3) permit the parties under investigation to file a written statement desc
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 11701
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Surface Transportation Board is an independent establishment of the United States Government.
**(b) Membership.—**
(1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party.
(2) At all times—
(A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and
(B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector.
(3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office.
(4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term.
(5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another busines
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1301
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
In this part, the following definitions shall apply:
(1) **Board.—** — The term “Board” means the Surface Transportation Board.
(2) **Broker.—** — The term “broker” means a person, other than a motor carrier or an employee or agent of a motor carrier, that as a principal or agent sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise as selling, providing, or arranging for, transportation by motor carrier for compensation.
(3) **Carrier.—** — The term “carrier” means a motor carrier, a water carrier, and a freight forwarder.
(4) **Contract carriage.—** — The term “contract carriage” means—
(A) for transportation provided before January 1, 1996, service provided pursuant to a permit issued under section 10923, as in effect on December 31, 1995; and
(B) for transportation provided after December 31, 1995, service provided under an agreement entered into under section 14101(b).
(5) **Control.—** — The term “control”, when referring to a relationship between persons, includes actual control, legal control, and the power to exercise control, through or by—
(A) common directors, officers, stockholders, a voting trust, or a holding or investment company, or
(B) any other means.
(6) **Foreign motor carrier.—** — The term “foreign motor carrier” means a person (including a motor carrier of property but excluding a motor private carrier)—
(A)
(i) that is domiciled in a contiguous foreign country; or
(ii) that is owned or controlled by persons of a contiguous foreign country; and
(B) in the case of a person that is not a motor carrier of property, that provides interstate transportation of property by motor vehicle under an agreement or contract entered into with a motor carrier of property (other
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 13102
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Motor Carrier Generally.—**
(1) **In general.—** — Except as otherwise provided in this section, the Secretary of Transportation shall register a person to provide transportation subject to jurisdiction under subchapter I of chapter 135 as a motor carrier using self-propelled vehicles the motor carrier owns, rents, or leases only if the Secretary determines that the person—
(A) is willing and able to comply with—
(i) this part and the applicable regulations of the Secretary and the Board;
(ii) any safety regulations imposed by the Secretary;
(iii) the duties of employers and employees established by the Secretary under section 31135;
(iv) the safety fitness requirements established by the Secretary under section 31144;
(v) the accessibility requirements established by the Secretary under subpart H of part 37 of title 49, Code of Federal Regulations (or successor regulations), for transportation provided by an over-the-road bus; and
(vi) the minimum financial responsibility requirements established by the Secretary under sections 13906, 31138, and 31139;
(B) has been issued a USDOT number under section 31134;
(C) has disclosed any relationship involving common ownership, common management, common control, or common familial relationship between that person and any other motor carrier, freight forwarder, or broker, or any other applicant for motor carrier, freight forwarder, or broker registration, if the relationship occurred in the 3-year period preceding the date of the filing of the application for registration; and
(D) after the Secretary establishes a written proficiency examination pursuant to section 32101(b) of the Commercial Motor Vehicle Safety Enhancement Act of 2012, has passed the written proficiency examinati
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 13902
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 523
TITLE 49—TRANSPORTATION
§ 14701
(b) EXCEPTION.—Notwithstanding subsection
(a), a State may continue to require display of
credentials that are required—
(1) under the International Registration
Plan under section 31704;
(2) under the International Fuel Tax Agree-
ment under section 31705 or under an applica-
ble State law if, on October 1, 2006, the State
has a form of highway use taxation not subject
to collection through the International Fuel
Tax Agreement;
(3) under a State law regarding motor vehi-
cle license plates or other displays that the
Secretary determines are appropriate;
(4) in connection with Federal requirements
for hazardous materials transportation under
section 5103; or
(5) in connection with the Federal vehicle in-
spection standards under section 31136.
(Added Pub. L. 109–59, title IV, § 4306(a), Aug. 10,
2005, 119 Stat. 1773; amended Pub. L. 110–244, title
III, § 301(q), June 6, 2008, 122 Stat. 1617.)
Editorial Notes
AMENDMENTS
2008—Subsec. (b)(2). Pub. L. 110–244 inserted ‘‘or under
an applicable State law if, on October 1, 2006, the State
has a form of highway use taxation not subject to col-
lection through the International Fuel Tax Agree-
ment’’ before semicolon at end.
CHAPTER 147—ENFORCEMENT;
INVESTIGATIONS; RIGHTS; REMEDIES
Sec.
14701.
General authority.
14702.
Enforcement by the regulatory authority.
14703.
Enforcement by the Attorney General.
14704.
Rights and remedies of persons injured by
carriers or brokers.
14705.
Limitation on actions by and against car-
riers.
14706.
Liability of carriers under receipts and bills
of lading.
14707.
Private enforcement of registration require-
ment.
14708.
Dispute settlement program for household
goods carriers.
14709.
Tariff reconciliation rules fo
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 14701
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.