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49 U.S.C. § 504 — Reports and records

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

49 U.S.C. § 504 — Reports and records

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Source file: Laws/federal/codes/united-states-code/title-49/section-504-reports-and-records--7c56f0b2fd.md
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Source location: Title 49, Chapter 5, § 504; chapter-005-special-authority.md

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**(a)** In this section— (1) “association” means an organization maintained by or in the interest of a group of rail carriers, motor carriers, motor carriers of migrant workers, or motor private carriers that performs a service, or engages in activities, related to transportation of that carrier. (2) “carrier” means a motor carrier, motor carrier of migrant workers, motor private carrier, and rail carrier. (3) “lessor” means a person owning a railroad that is leased to and operated by a rail carrier, and a person leasing a right to operate as a motor carrier, motor carrier of migrant workers, or motor private carrier to another. (4) “lessor” and “carrier” include a receiver or trustee of that lessor or carrier, respectively. **(b)** (1) The Secretary of Transportation may prescribe the form of records required to be prepared or compiled under this section by— (A) carriers and lessors; and (B) a person furnishing cars or protective service against heat or cold to or for a rail carrier. (2) The Secretary may require— (A) carriers, lessors, associations, or classes of them as the Secretary may prescribe, to file annual, periodic, and special reports with the Secretary containing answers to questions asked by the Secretary; and (B) a person furnishing cars or protective service against heat or cold to a rail carrier to file reports with the Secretary containing answers to questions about those cars or service. **(c)** The Secretary, or an employee (and, in the case of a motor carrier, a contractor, or an employee of the recipient of a grant issued under [section 31102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section31102&num=0&edition=prelim)) designated by the Secretary, may on demand and display of proper credentials, in person or in writing— (1) inspect the equipment of a carrier or lessor; and (2) inspect and copy any record of— (A) a carrier, lessor, or association; (B) a person controlling, controlled by, or under common control with a carrier, if the Secretary considers inspection relevant to that person’s relation to, or transaction with, that carrier; and (C) a person furnishing cars or protective service against heat or cold to or for a rail carrier if the Secretary prescribed the form of that record. **(d)** The Secretary may prescribe the time period during which records must be preserved by a carrier, lessor, and person furnishing cars or protective service. **(e)** (1) An annual report shall contain an account, in as much detail as the Secretary may require, of the affairs of a carrier, lessor, or association for the 12-month period ending on the 31st day of December of each year. The annual report shall be filed with the Secretary by the end of the 3d month after the end of the year for which the report is made unless the Secretary extends the filing date or changes the period covered by the report. (2) The annual report and, if the Secretary requires, any other report made under this section shall be made under oath. **(f)** No part of a report of an accident occurring in operations of a motor carrier, motor carrier of migrant workers, or motor private carrier and required by the Secretary, and no part of a report of an investigation of the accident made by the Secretary, may be admitted into evidence or used in a civil action for damages related to a matter mentioned in the report or investigation.

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

49 U.S.C. § 31102 — Motor carrier safety assistance program

**(a) In General.—** The Secretary of Transportation shall administer a motor carrier safety assistance program funded under section 31104. **(b) Goal.—** The goal of the program is to ensure that the Secretary, States, local governments, other political jurisdictions, federally recognized Indian tribes, and other persons work in partnership to establish programs to improve motor carrier, commercial motor vehicle, and driver safety to support a safe and efficient surface transportation system by— (1) making targeted investments to promote safe commercial motor vehicle transportation, including the transportation of passengers and hazardous materials; (2) investing in activities likely to generate maximum reductions in the number and severity of commercial motor vehicle crashes and in fatalities resulting from such crashes; (3) adopting and enforcing effective motor carrier, commercial motor vehicle, and driver safety regulations and practices consistent with Federal requirements; and (4) assessing and improving statewide performance by setting program goals and meeting performance standards, measures, and benchmarks. **(c) State Plans.—** (1) **In general.—** — In carrying out the program, the Secretary shall prescribe procedures for a State to submit a multiple-year plan, and annual updates thereto, under which the State agrees to assume responsibility for improving motor carrier safety by adopting and enforcing State regulations, standards, and orders that are compatible with the regulations, standards, and orders of the Federal Government on commercial motor vehicle safety and hazardous materials transportation safety. (2) **Contents.—** — The Secretary shall approve a State plan if the Secretary determines that the plan is adequate to comply with the require

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

23 U.S.C. § 101 — Definitions and declaration of policy

**(a) Definitions.—** In this title, the following definitions apply: (1) **Apportionment.—** — The term “apportionment” includes unexpended apportionments made under prior authorization laws. (2) **Asset management.—** — The term “asset management” means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost. (3) **Carpool project.—** — The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided. (4) **Construction.—** — The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bon

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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. § 522 — Reporting and record keeping violations

A person required to make a report to the Secretary of Transportation, or make, prepare, or preserve a record, under [section 504 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section504&num=0&edition=prelim) about transportation by rail carrier, 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 Secretary, or (5) files a false report or record with the Secretary, shall be fined not more than $5,000, imprisoned for not more than 2 years, or both.

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

49 U.S.C. § 523 — Unlawful disclosure of information

**(a)** A motor carrier, or an officer, receiver, trustee, lessee, or employee of that carrier, or another person authorized by that carrier to receive information from that carrier, may not knowingly disclose to another person (except the shipper or consignee), and another person may not solicit, or knowingly receive, information about the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to that carrier without the consent of the shipper or consignee if that information 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. **(b)** This chapter does not prevent a motor carrier, motor carrier of migrant workers, or motor private carrier 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; and (3) to another motor carrier, motor carrier of migrant workers, or motor private carrier, or its agent, to adjust mutual traffic accounts in the ordinary course of business. **(c)** An employee of the Secretary of Transportation delegated to make an inspection under [section 504 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section504&num=0&edition=prelim) who knowingly discloses information acquired during that inspection, except as directed by the Secretary, a court, or a judge of that court, shall be fined not more than $500, imprisoned for not more than 6 months, or both.

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

49 U.S.C. § 504 — Reports and records

Page 138 TITLE 49—TRANSPORTATION § 504 mail on the designated agent is made at the ad- dress 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 the carrier does not have a designated agent, service may be made by posting a copy of the notice in the office of the secretary or clerk of the authority having jurisdiction to regulate transportation by motor vehicle in intrastate commerce on the highways of the State in which the carrier maintains headquarters and with the Secretary. (c) Each of those carriers, including such a carrier operating in the United States while pro- viding transportation between places in a for- eign 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. The designation shall be in writing and filed with the Secretary and with the authority of each State in which the carrier operates having jurisdiction to regu- late transportation by motor vehicle in intra- state commerce on the highways of that State. If a designation under this subsection is not made, service may be made on any agent of the carrier in that State. The designation may be changed at any time in the same manner as originally made. (Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2432.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 503 ............. 49:304(a)(3) (last sen- tence) (related to ‘‘Sec. 321’’). Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3) (last sen- tence) (related t

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