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49 U.S.C. § 501 — Definitions and application

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

49 U.S.C. § 501 — Definitions and application

**(a)** In this chapter— (1) the definitions in sections 10102 and 13102 of this title apply. (2) “migrant worker” has the same meaning given that term in [section 31501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section31501&num=0&edition=prelim). (3) “motor carrier of migrant workers” means a motor carrier of migrant workers subject to the jurisdiction of the Secretary of Transportation under [section 31502(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section31502/c&num=0&edition=prelim). **(b) Application.—** This chapter only applies in carrying out sections 20302(a)(1)(B) and (C), (2), and (3), (c), and (d)(1) and 20303 and chapters 205 (except section 20504(b)), 211, 213 (in carrying out those sections and chapters), and 315 of this title.

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Source file: Laws/federal/codes/united-states-code/title-49/section-501-definitions-and-application--fd7b621419.md
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Source location: Title 49, Chapter 5, § 501; chapter-005-special-authority.md

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

49 U.S.C. § 521 — Civil penalties

**(a)** (1) A person required under [section 504 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section504&num=0&edition=prelim) to make, prepare, preserve, or submit to the Secretary of Transportation a record about rail carrier transportation, that does not make, prepare, preserve, or submit that record as required under that section, is liable to the United States Government for a civil penalty of $500 for each violation. (2) A rail carrier, and a lessor, receiver, or trustee of that carrier, violating [section 504(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section504/c/1&num=0&edition=prelim), is liable to the Government for a civil penalty of $100 for each violation. (3) A rail carrier, a lessor, receiver, or trustee of that carrier, a person furnishing cars or protective service against heat or cold, and an officer, agent, or employee of one of them, required to make a report to the Secretary or answer a question, that does not make a report to the Secretary or does not specifically, completely, and truthfully answer the question, is liable to the Government for a civil penalty of $100 for each violation. (4) A separate violation occurs for each day a violation under this subsection continues. (5) Trial in a civil action under this subsection is in the judicial district in which the rail carrier has its principal operating office or in a district through which the railroad of the rail carrier runs. **(b) Violations Relating to Commercial Motor Vehicle Safety Regulation and Operators.—** (1) **Notice.—** (A) *In general.—* — If the Secretary finds that a violation of a provision of subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 313

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

49 U.S.C. § 31501 — Definitions

In this chapter— (1) “migrant worker” means an individual going to or from employment in agriculture as provided under section 3121(g) of the Internal Revenue Code of 1986 ([26 U.S.C. 3121(g)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section3121/g&num=0&edition=prelim)) or section 3(f) of the Fair Labor Standards Act of 1938 ([29 U.S.C. 203(f)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section203/f&num=0&edition=prelim)). (2) “motor carrier”, “motor common carrier”, “motor private carrier”, “motor vehicle”, and “United States” have the same meanings given those terms in [section 13102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section13102&num=0&edition=prelim). (3) “motor carrier of migrant workers”— (A) means a person (except a motor common carrier) providing transportation referred to in [section 13501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section13501&num=0&edition=prelim) by a motor vehicle (except a passenger automobile or station wagon) for at least 3 migrant workers at a time to or from their employment; but (B) does not include a migrant worker providing transportation for migrant workers and their immediate families.

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

49 U.S.C. § 1301 — Establishment of Board

**(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

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

49 U.S.C. § 508 — Safety performance history of new drivers; limitation on liability

**(a) Limitation on Liability.—** No action or proceeding for defamation, invasion of privacy, or interference with a contract that is based on the furnishing or use of safety performance records in accordance with regulations issued by the Secretary may be brought against— (1) a motor carrier requesting the safety performance records of an individual under consideration for employment as a commercial motor vehicle driver as required by and in accordance with regulations issued by the Secretary; (2) a person who has complied with such a request; or (3) the agents or insurers of a person described in paragraph (1) or (2). **(b) Restrictions on Applicability.—** (1) **Motor carrier requesting.—** — Subsection (a) does not apply to a motor carrier requesting safety performance records unless— (A) the motor carrier and any agents of the motor carrier have complied with the regulations issued by the Secretary in using the records, including the requirement that the individual who is the subject of the records be afforded a reasonable opportunity to review and comment on the records; (B) the motor carrier and any agents and insurers of the motor carrier have taken all precautions reasonably necessary to protect the records from disclosure to any person, except for such an insurer, not directly involved in deciding whether to hire that individual; and (C) the motor carrier has used those records only to assess the safety performance of the individual who is the subject of those records in deciding whether to hire that individual. (2) **Person complying with requests.—** — Subsection (a) does not apply to a person complying with a request for safety performance records unless— (A) the complying person and any agents of the complying person have taken all preca

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

49 U.S.C. § 501 — Definitions and application

Page 135 TITLE 49—TRANSPORTATION § 501 1 Section catchline amended by Pub. L. 112–141 without cor- responding amendment of chapter analysis. ation shall be accepted or rejected by the Secretary in the subsequent review of the Secretary under paragraph (2). (2) REVIEW.— (A) IN GENERAL.—Not later than 60 days after the date on which the Secretary re- ceives a report from the Council under sub- section (c)(2), the Secretary shall submit a review describing the response of the Sec- retary to the recommendations of the Coun- cil contained in the Council report to— (i) the Committee on Commerce, Science, and Transportation of the Senate; (ii) the Committee on Environment and Public Works of the Senate; (iii) the Subcommittee on Transpor- tation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the Senate; (iv) the Committee on Transportation and Infrastructure of the House of Rep- resentatives; and (v) the Subcommittee on Transpor- tation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the House of Representa- tives. (B) CONTENTS.—A review of the Secretary under this paragraph shall include a descrip- tion of— (i) each recommendation contained in the Council report covered by the review; and (ii)(I) each recommendation of the Coun- cil that was categorized under paragraph (1)(B)(ii) as being under consideration by the Secretary in the preceding review sub- mitted under this paragraph; and (II) for each such recommendation, whether the recommendation— (aa) is accepted or rejected by the Sec- retary; or (bb) remains under consideration by the Secretary. (3) ADMINISTRATIVE AND TECHNICAL SUP- PORT.—The Secretary shall provide to the Council such administrativ

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