49 U.S.C. § 14701 — General authority

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 for motor carriers of property. 14710. Enforcement of Federal laws and regulations with respect to transportation of household goods. 14711. Enforcement by State attorneys general. Editorial Notes AMENDMENTS 2005—Pub. L. 109–59, title IV, § 4206(c), Aug. 10, 2005, 119 Stat. 1757, added items 14710 and 14711. § 14701. General authority (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 ac- tion to compel compliance with this part. If the Secretary finds that a foreign motor carrier or foreign motor private carrier is violating chap- ter 139, the Secretary shall take appropriate ac- tion 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 gov- ernmental authority, may file with the Sec- retary or Board, as applicable, a complaint about a violation of this part by a carrier pro- viding, or broker for, transportation or service subject to jurisdiction under this part or a for- eign motor carrier or foreign motor private car- rier providing transportation registered under section 13902 of this title. The complaint must state the facts that are the subject of the viola- tion. 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 pro- ceeding begun by the Secretary or Board under subsection (a) of this section is dismissed auto- matically unless it is concluded with adminis- trative finality by the end of the 3d year after the date on which it was begun. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 904.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11701 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1996, except as otherwise pro- vided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title. CONSUMER COMPLAINT INFORMATION Pub. L. 109–59, title IV, § 4214, Aug. 10, 2005, 119 Stat. 1759, provided that: ‘‘(a) ESTABLISHMENT OF SYSTEM.—Not later than 1 year after the date of enactment of this Act [Aug. 10, 2005], the Secretary shall— ‘‘(1) establish (A) a system for filing and logging consumer complaints relating to household goods motor carriers for the purpose of compiling or link- ing complaint information gathered by the Depart- ment of Transportation and the States with regard to such carriers, (B) a database of the complaints, and (C) a procedure for the public to have access, subject to section 552(a) of title 5, United States Code, to ag- gregated information and for carriers to challenge duplicate or fraudulent information in the database; ‘‘(2) issue regulations requiring each motor carrier of household goods to submit on a quarterly basis a report summarizing— ‘‘(A) the number of shipments that originate and are delivered for individual shippers during the re- porting period by the carrier; ‘‘(B) the number and general category of com- plaints lodged by consumers with the carrier; ‘‘(C) the number of claims filed with the carrier for loss and damage in excess of $500; ‘‘(D) the number of such claims resolved during the reporting period; ‘‘(E) the number of such claims declined in the re- porting period; and ‘‘(F) the number of such claims that are pending at the close of the reporting period; and ‘‘(3) develop a procedure to forward a complaint, in- cluding the motor carrier bill of lading number, if Page 524 TITLE 49—TRANSPORTATION § 14702 known, related to the complaint to a motor carrier named in such complaint and to an appropriate State authority (as defined in section 14710(d) of title 49, United States Code) in the State in which the com- plainant resides. ‘‘(b) USE OF INFORMATION.—The Secretary shall con- sider information in the data base established under subsection (a) in its household goods compliance and enforcement program.’’ [For definitions of ‘‘carrier’’, ‘‘household goods’’, ‘‘motor carrier’’, and ‘‘Secretary’’ as used in section 4214 of Pub. L. 109–59, set out above, see section 4202(a) of Pub. L. 109–59, set out as a note under section 13102 of this title.] § 14702. Enforcement by the regulatory authority (a) IN GENERAL.—The Secretary or the Board, as applicable, may bring a civil action— (1) to enforce section 14103 of this title; or (2) to enforce this part, or a regulation or order of the Secretary or Board, as applicable, when violated by a carrier or broker providing transportation or service subject to jurisdic- tion under subchapter I or III of chapter 135 of this title or by a foreign motor carrier or for- eign motor private carrier providing transpor- tation registered under section 13902 of this title. (b) VENUE.—In a civil action under subsection (a)(2) of this section— (1) trial is in the judicial district in which the carrier, foreign motor carrier, foreign motor private carrier, or broker operates; (2) process may be served without regard to the territorial limits of the district or of the State in which the action is instituted; and (3) a person participating with a carrier or broker in a violation may be joined in the civil action without regard to the residence of the person. (c) STANDING.—The Board, through its own at- torneys, may bring or participate in any civil action involving motor carrier undercharges. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 905.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11702 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1996, except as otherwise pro- vided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title. § 14703. Enforcement by the Attorney General The Attorney General may, and on request of either the Secretary or the Board shall, bring court proceedings— (1) to enforce this part or a regulation or order of the Secretary or Board or terms of registration under this part; and (2) to prosecute a person violating this part or a regulation or order of the Secretary or Board or term of registration under this part. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 905.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11703 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1996, except as otherwise pro- vided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title. § 14704. Rights and remedies of persons injured by carriers or brokers (a) IN GENERAL.— (1) ENFORCEMENT OF ORDER.—A person in- jured because a carrier or broker providing transportation or service subject to jurisdic- tion under chapter 135 does not obey an order of the Secretary or the Board, as applicable, under this part, except an order for the pay- ment of money, may bring a civil action to en- force that order under this subsection. A per- son may bring a civil action for injunctive re- lief for violations of sections 14102, 14103, and 14915(c). (2) DAMAGES FOR VIOLATIONS.—A carrier or broker providing transportation or service subject to jurisdiction under chapter 135 is lia- ble for damages sustained by a person as a re- sult of an act or omission of that carrier or broker in violation of this part. (b) LIABILITY AND DAMAGES FOR EXCEEDING TARIFF RATE.—A carrier providing transpor- tation or service subject to jurisdiction under chapter 135 is liable to a person for amounts charged that exceed the applicable rate for transportation or service contained in a tariff in effect under section 13702. (c) ELECTION.— (1) COMPLAINT TO DOT OR BOARD; CIVIL AC- TION.—A person may file a complaint with the Board or the Secretary, as applicable, under section 14701(b) or bring a civil action under subsection (b) to enforce liability against a carrier or broker providing transportation or service subject to jurisdiction under chapter 135. (2) ORDER OF DOT OR BOARD.— (A) IN GENERAL.—When the Board or Sec- retary, as applicable, makes an award under subsection (b) of this section, the Board or Secretary, as applicable, shall order the car- rier to pay the amount awarded by a specific date. The Board or Secretary, as applicable, may order a carrier or broker providing transportation or service subject to jurisdic- tion under chapter 135 to pay damages only when the proceeding is on complaint. (B) ENFORCEMENT BY CIVIL ACTION.—The person for whose benefit an order of the Board or Secretary requiring the payment of money is made may bring a civil action to enforce that order under this paragraph if the carrier or broker does not pay the amount awarded by the date payment was ordered to be made. (d) PROCEDURE.— (1) IN GENERAL.—When a person begins a civil action under subsection (b) of this sec-