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

Page 148 TITLE 49—TRANSPORTATION § 523 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 522 ............. 49:1655(f)(2). Oct. 15, 1966, Pub. L. 89–670, § 6(f)(2), 80 Stat. 940. 522(b) ......... 49:304(a)(3) (last sen- tence) (related to ‘‘Sec. 322(g)’’). Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3) (last sen- tence) (related to ‘‘Sec. 222(g)’’); added Aug. 9, 1935, ch. 498, 49 Stat. 546. 49:304(a)(3a) (last sentence) (related to ‘‘Sec. 322(g)’’). Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3a) (last sen- tence) (related to ‘‘Sec. 222(g)’’); added Aug. 3, 1956, ch. 905, § 2, 70 Stat. 958. The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out du- ties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The pow- ers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows: Section 522 49 U.S. Code Revised Section (a) ................ 20(7)(b) (less proviso). 11909 (b) ................ 322(g). 11909 See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows: The text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as exe- cuted. Editorial Notes AMENDMENTS 1998—Pub. L. 105–178 struck out ‘‘(a)’’ before ‘‘A per- son required to make a report to the Secretary of Transportation’’ and struck out subsec. (b) which read as follows: ‘‘A person required to make a report to the Secretary, answer a question, or make, prepare, or pre- serve a record under section 504 of this title about transportation by motor carrier, motor carrier of mi- grant workers, or motor private carrier, or an officer, agent, or employee of that person, that (1) willfully does not make that report, (2) willfully does not spe- cifically, completely, and truthfully answer that ques- tion in 30 days from the date the Secretary requires the question to be answered, (3) willfully does not make, prepare, or preserve that record in the form and man- ner prescribed by the Secretary, (4) knowingly and will- fully falsifies, destroys, mutilates, or changes that re- port or record, (5) knowingly and willfully files a false report or record with the Secretary, (6) knowingly and willfully makes a false or incomplete entry in that record about a business related fact or transaction, or (7) knowingly and willfully makes, prepares, or pre- serves a record in violation of a regulation or order of the Secretary, shall be fined not more than $5,000.’’ § 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 re- ceive 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, informa- tion about the nature, kind, quantity, destina- tion, 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 com- petitor the business transactions of the shipper or consignee. (b) This chapter does not prevent a motor car- rier, 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 terri- tory 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 Transpor- tation delegated to make an inspection under section 504 of this title who knowingly discloses information acquired during that inspection, ex- cept 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. (Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2436.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 523 ............. 49:1655(f)(2). Oct. 15, 1966, Pub. L. 89–670, § 6(f)(2), 80 Stat. 940. 523(b) ......... 49:304(a)(3) (last sen- tence) (related to ‘‘Sec. 322(f)’’). Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3) (last sen- tence) (related to ‘‘Sec. 222(d), (f)’’); added Aug. 9, 1935, ch. 498, 49 Stat. 546. 49:304(a)(3a) (last sentence) (related to ‘‘Sec. 322(f)’’). Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3a) (last sen- tence) (related to ‘‘Sec. 222(d), (f)’’); added Aug. 3, 1956, ch. 905, § 2, 70 Stat. 958. 523(c) ......... 49:304(a)(3) (last sen- tence) (related to ‘‘Sec. 322(d)’’). 49:304(a)(3a) (last sentence) (related to ‘‘Sec. 322(d)’’). The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out du- ties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The pow- ers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows: Section 523 49 U.S. Code Revised Section (a) ................ 322(e). 11910 (b) ................ 322(f). 11910 (c) ................ 20(7)(f). 11910 322(d). 11910 See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows: Subsection (a) does not apply to motor carriers of mi- grant workers and motor private carriers because 49:322(e) only applies to motor carriers and 49:304(a)(3) and (3a) do not apply 49:322(e) to motor carriers of mi- grant workers and motor private carriers. The words ‘‘engaged in interstate or foreign commerce’’ are omit- ted as unnecessary because of the restatement of the chapter. Page 149 TITLE 49—TRANSPORTATION § 525 In subsections (b) and (c), the text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed. § 524. Evasion of regulation of motor carriers A person, or an officer, employee, or agent of that person, that by any means tries to evade regulation of motor carriers under this chapter, chapter 51, subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 31305(b), 31310(g)(1)(A), or 31502 of this title, or a regulation issued under any of those provisions, shall be fined at least $2,000 but not more than $5,000 for the first violation and at least $2,500 but not more than $7,500 for a subse- quent violation. (Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2437; Pub. L. 112–141, div. C, title II, § 32505(a), July 6, 2012, 126 Stat. 804.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 524 ............. 49:1655(f)(2). Oct. 15, 1966, Pub. L. 89–670, § 6(f)(2), 80 Stat. 940. The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out du- ties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The pow- ers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows: Section 524 49 U.S. Code Revised Section 322(c) (related to evasion of regula- tion). 11906 See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows: The section does not apply to motor carriers of mi- grant workers and motor private carriers because 49:322(c) (related to evasion of regulation) only applies to motor carriers and 49:304(a)(3) and (3a) do not apply 49:322(c) (related to evasion of regulation) to motor car- riers of migrant workers and motor private carriers. Editorial Notes AMENDMENTS 2012—Pub. L. 112–141 struck out ‘‘knowingly and will- fully’’ after ‘‘by any means’’, inserted ‘‘, chapter 51, subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 31305(b), 31310(g)(1)(A), or 31502 of this title, or a regulation issued under any of those provisions,’’ after ‘‘this chap- ter’’, and substituted ‘‘$2,000 but not more than $5,000’’ for ‘‘$200 but not more than $500’’ and ‘‘$2,500 but not more than $7,500’’ for ‘‘$250 but not more than $2,000’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. § 525. Disobedience to subpoenas A motor carrier, motor carrier of migrant workers, or motor private carrier not obeying a subpoena or requirement of the Secretary of Transportation under this chapter to appear and testify or produce records shall be fined at least $1,000 but not more than $10,000, imprisoned for not more than one year, or both. The Secretary may withhold, suspend, amend, or revoke any part of the registration of a person required to register under chapter 139 for failing to obey a subpoena or requirement of the Secretary under this chapter to appear and testify or produce records. (Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2437; Pub. L. 112–141, div. C, title II, § 32110, July 6, 2012, 126 Stat. 782.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 525 ............. 49:304(a)(3) (last sen- tence) (related to ‘‘Sec. 305(d) (re- lated to liabil- ity)’’). Feb. 4, 1887, ch. 104, 24 Stat., 379, § 204(a)(3) (last sen- tence) (related to ‘‘Sec. 205(d) (related to liabil- ity)’’); added Aug. 9, 1935, ch. 498, 49 Stat. 546. 49:304(a)(3a) (last sentence) (related to ‘‘Sec. 305(d) (re- lated to liabil- ity)’’). Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3a) (last sen- tence) (related to ‘‘Sec. 205(d) (related to liabil- ity)’’); added Aug. 3, 1956, ch. 905, § 2, 70 Stat. 958. 49:1655(f)(2). Oct. 15, 1966, Pub. L. 89–670, § 6(f)(2), 80 Stat. 940. The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out du- ties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The pow- ers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows: Section 525 49 U.S. Code Revised Section 305(d) (related to liability). 11913 See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows: The section does not apply to the liability of a rail carrier because 49:46 is not included in the specific enu- meration of 49:1655(f)(2)(B)(ii). The text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed. The words ‘‘under this chapter’’ are added for clarity. Editorial Notes AMENDMENTS 2012—Pub. L. 112–141 substituted ‘‘subpoenas’’ for ‘‘subpenas’’ in section catchline, and, in text, sub- stituted ‘‘subpoena’’ for ‘‘subpena’’, ‘‘$1,000’’ for ‘‘$100’’, and ‘‘$10,000’’ for ‘‘$5,000’’ and inserted at end ‘‘The Sec- retary may withhold, suspend, amend, or revoke any part of the registration of a person required to register under chapter 139 for failing to obey a subpoena or re- quirement of the Secretary under this chapter to ap- pear and testify or produce records.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.