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15 U.S.C. § 715g — Refusal of carrier to accept shipment without certificate of clearance; certificate as justifying acceptance of shipment

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 715g — Refusal of carrier to accept shipment without certificate of clearance; certificate as justifying acceptance of shipment

No common carrier who shall refuse to accept petroleum or petroleum products from any area in which certificates of clearance are required under authority of this chapter, by reason of the failure of the shipper to deliver such a certificate to such carrier, or who shall refuse to accept any petroleum or petroleum products when having reasonable ground for believing that such petroleum or petroleum products constitute contraband oil, shall be liable on account of such refusal for any penalties or damages. No common carrier shall be subject to any penalty under [section 715e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section715e&num=0&edition=prelim) in any case where (1) such carrier has a certificate of clearance which on its face appears to be valid and to have been issued by a board created under authority of [section 715d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section715d&num=0&edition=prelim), certifying that the shipment in question is not contraband oil, and such carrier had no reasonable ground for believing such certificate to be invalid or to have been issued as a result of fraud or misrepresentation of fact, or (2) such carrier, as respects any shipment originating in any area where certificates of clearance are not required under authority of this chapter, had no reasonable ground for believing such petroleum or petroleum products to constitute contraband oil.

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Stable record: federal_law:legal_authorities:record_usc_2d5adf33f11415ccef666548
Source file: Laws/federal/codes/united-states-code/title-15/section-715g-refusal-of-carrier-to-accept-shipment-without-certificate-of-clearance-c--e66025117e.md
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Source location: Title 15, Chapter 15A, § 715g; chapter-15a-interstate-transportation-of-petroleum-products.md

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 715e — Penalties for violation of chapter

Any person knowingly violating any provision of this chapter or any regulation prescribed thereunder shall upon conviction be punished by a fine of not to exceed $2,000 or by imprisonment for not to exceed six months, or by both such fine and imprisonment.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 715d — Enforcement of chapter

**(a) Rules and regulations** The President shall prescribe such regulations as he finds necessary or appropriate for the enforcement of the provisions of this chapter, including but not limited to regulations requiring reports, maps, affidavits, and other documents relating to the production, storage, refining, processing, transporting, or handling of petroleum and petroleum products, and providing for the keeping of books and records, and for the inspection of such books and records and of properties and facilities. **(b) Certificate of clearance for petroleum and petroleum products** Whenever the President finds it necessary or appropriate for the enforcement of the provisions of this chapter he shall require certificates of clearance for petroleum and petroleum products moving or to be moved in interstate commerce from any particular area, and shall establish a board or boards for the issuance of such certificates. A certificate of clearance shall be issued by a board so established in any case where such board determines that the petroleum or petroleum products in question does not constitute contraband oil. Denial of any such certificate shall be by order of the board, and only after reasonable opportunity for hearing. Whenever a certificate of clearance is required for any area in any State, it shall be unlawful to ship or transport petroleum or petroleum products in interstate commerce from such area unless a certificate has been obtained therefor. **(c) Review of order of denial of certificate of clearance** Any person whose application for a certificate of clearance is denied may obtain a review of the order denying such application in the United States District Court for the district wherein the board is sitting by filing in such court within thirty days af

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 715g — Refusal of carrier to accept shipment

Page 1184 TITLE 15—COMMERCE AND TRADE § 715e shall have been urged before the board. The find- ing of the board as to the facts, if supported by evidence, shall be conclusive. The judgment and decree of the court shall be final, subject to re- view as provided in sections 1254, 1291, and 1292 of title 28. (Feb. 22, 1935, ch. 18, § 5, 49 Stat. 31.) Editorial Notes CODIFICATION In subsec. (c), ‘‘sections 1254, 1291, and 1292 of title 28’’ substituted for ‘‘sections 128 and 240 of the Judicial Code, as amended [28 U.S.C. 225 and 347]’’ on authority of act June 25, 1948, ch. 646, 62 Stat. 869, the first section of which enacted Title 28, Judiciary and Judicial Proce- dure. § 715e. Penalties for violation of chapter Any person knowingly violating any provision of this chapter or any regulation prescribed thereunder shall upon conviction be punished by a fine of not to exceed $2,000 or by imprisonment for not to exceed six months, or by both such fine and imprisonment. (Feb. 22, 1935, ch. 18, § 6, 49 Stat. 32.) § 715f. Forfeiture of contraband oil shipped in violation of law; procedure (a) Seizure procedure; return of contraband oil Contraband oil shipped or transported in interstate commerce in violation of the provi- sions of this chapter shall be liable to be pro- ceeded against in any district court of the United States within the jurisdiction of which the same may be found, and seized for forfeiture to the United States by a process of libel for condemnation; but in any such case the court may in its discretion, and under such terms and conditions as it shall prescribe, order the return of such contraband oil to the owner thereof where undue hardship would result from such forfeiture. The proceedings in such cases shall conform as nearly

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