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 administrative support, staff, and technical assistance as the Secretary de- termines to be necessary to carry out the du- ties of the Council under this section. (e) TERMINATION.—The Council shall terminate on the date that is 6 years after the date on which the Council is established under sub- section (a). (Added Pub. L. 117–58, div. B, title IV, § 24111(a), Nov. 15, 2021, 135 Stat. 812.) Editorial Notes REFERENCES IN TEXT The date of enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 117–58, which was approved Nov. 15, 2021. CHAPTER 5—SPECIAL AUTHORITY SUBCHAPTER I—POWERS Sec. 501. Definitions and application. 502. General authority. Sec. 503. Service of notice and process on certain motor carriers of migrant workers and on motor private carriers. 504. Reports and records. 505. Arrangements and public records. 506. Authority to investigate. 507. Enforcement. 508. Safety performance history of new drivers; limitation on liability. SUBCHAPTER II—PENALTIES 521. Civil penalties. 522. Reporting and record keeping violations. 523. Unlawful disclosure of information. 524. Evasion of regulation of motor carriers. 525. Disobedience to subpenas.1 526. General criminal penalty when specific pen- alty not provided. Editorial Notes AMENDMENTS 1998—Pub. L. 105–178, title IV, § 4014(a)(2), June 9, 1998, 112 Stat. 411, added item 508. 1997—Pub. L. 105–102, § 2(1), Nov. 20, 1997, 111 Stat. 2204, struck out ‘‘DUTIES AND’’ before ‘‘POWERS’’ in item for heading of subchapter I. SUBCHAPTER I—POWERS Editorial Notes AMENDMENTS 1997—Pub. L. 105–102, § 2(2), Nov. 20, 1997, 111 Stat. 2204, struck out ‘‘AND’’ before ‘‘POWERS’’. 1995—Pub. L. 104–88, title III, § 308(c)(1), Dec. 29, 1995, 109 Stat. 947, struck out ‘‘DUTIES’’ before ‘‘AND’’. § 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. (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. (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. (Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2431; Pub. L. 98–216, § 2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 102–548, § 2(c), Oct. 28, 1992, 106 Stat. 3648; Pub. L. 103–272, §§ 4(j)(11)(A), 5(m)(9), July 5, 1994, 108 Stat. 1368, 1376; Pub. L. 104–88, title III, § 308(c)(2), Dec. 29, 1995, 109 Stat. 947.) HISTORICAL AND REVISION NOTES PUB. L. 97–449 Revised Section Source (U.S. Code) Source (Statutes at Large) 501(a) ......... (no source). 501(b) ......... 45:15. Apr. 14, 1910, ch. 160, § 6, 36 Stat. 299. 49:26(g). Feb. 4, 1887, ch. 104, 24 Stat. 379, § 25(g); added Aug. 26, 1937, ch. 818, 50 Stat. 837; Sept. 18, 1940, ch. 722, § 14(b), 54 Stat. 919. Page 136 TITLE 49—TRANSPORTATION § 502 HISTORICAL AND REVISION NOTES—CONTINUED PUB. L. 97–449 Revised Section Source (U.S. Code) Source (Statutes at Large) 49:1655(f)(2). Oct. 15, 1966, Pub. L. 89–670, § 6(f)(2), 80 Stat. 940. In the chapter, the source provisions are those in ef- fect on March 31, 1967, the day before the effective date of the Department of Transportation Act (Pub. L. 89–670, 80 Stat. 931), because 49:1655(f)(2) gave the Sec- retary of Transportation the same powers enumerated in 49:1655(f)(2) that the Interstate Commerce Commis- sion had before certain duties and powers under 49:1655(e) were transferred on April 1, 1967, from the Commission to the Secretary. All references to brokers in the source provisions are omitted as not being appli- cable to the duties and powers transferred to the Sec- retary of Transportation. Subsection (a) is included to ensure that the identical definitions that are relevant are used without repeat- ing them. The source provisions for the definitions are found in the revision notes for sections 3101, 3102(c), and 10102 of the revised title. In subsection (b), the provisions of law to which the chapter applies are only certain laws listed in 49:1655(e). Those laws include the source provisions restated in chapter 31 of the revised title and 45:4, 5, 6 (in carrying out 45:4 and 5), 11, 12, 13 (proviso), 13 (less proviso in carrying out 45:11, 12, and 13 (proviso)), and 61–64b, and 49:26(a)–(f) (words before last semicolon) and (h). The administrative powers of the Secretary under the chap- ter are based on the administrative powers of 49:1655(f)(2). That provision lists administrative powers the Commission had under the Interstate Commerce Act (ch. 104, 24 Stat. 379) to carry out the Act, and cer- tain other laws authorized the Commission to use its powers under the Act to carry out those other laws. The administrative powers listed in 49:1655(f)(2) and codified in the chapter therefore apply only to a law listed in 49:1655(e) that was a part of the Interstate Commerce Act or to which the powers of the Commis- sion under the Act were applied. The text of 45:61–64b is included because section 4 of the Act of March 4, 1907 (ch. 2939, 34 Stat. 1417), stated, ‘‘It shall be the duty of the Interstate Commerce Commission to execute and enforce the provisions of this Act, and all powers grant- ed to the Interstate Commerce Commission are hereby extended to it in the execution of this Act’’. The trans- fer to the Secretary was executed on March 31, 1967. The Act of March 4, 1907, was restated by the Act of De- cember 26, 1969 (Pub. L. 91–169, 83 Stat. 463); section 4 was not included in the restatement. However, repeal by implication is not favored and the transfer was com- pleted on March 31, 1967. Therefore, the text of 45:61–64b is included within the scope of the chapter. The text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed. PUB. L. 103–272 Section 4(j)(11) makes conforming amendments to 49:ch. 5 to reflect the restatement of 49:508 and related provisions in chapter 59 of the revised title. Editorial Notes AMENDMENTS 1995—Subsec. (a)(1). Pub. L. 104–88 substituted ‘‘sec- tions 10102 and 13102’’ for ‘‘section 10102’’. 1994—Subsec. (a)(2). Pub. L. 103–272, § 5(m)(9)(A), sub- stituted ‘‘section 31501’’ for ‘‘section 3101’’. Subsec. (a)(3). Pub. L. 103–272, § 5(m)(9)(B), substituted ‘‘section 31502(c)’’ for ‘‘section 3102(c)’’. Subsec. (a)(4) to (9). Pub. L. 103–272, § 4(j)(11)(A), struck out pars. (4) to (9) which defined ‘‘beneficial owner’’, ‘‘carrier’’, ‘‘container’’, ‘‘initial carrier’’, ‘‘intermodal transportation’’, and ‘‘trailer’’, respec- tively. Subsec. (b). Pub. L. 103–272, § 5(m)(9)(C), added subsec. (b) and struck out former subsec. (b) which read as fol- lows: ‘‘This chapter only applies in carrying out— ‘‘(1) chapter 31 of this title; and ‘‘(2) other duties and powers transferred to the Sec- retary under section 6(e) of the Department of Trans- portation Act (49 App. U.S.C. 1655(e)) and vested in the Interstate Commerce Commission before October 15, 1966.’’ 1992—Subsec. (a)(4) to (9). Pub. L. 102–548 added pars. (4) to (9). 1984—Subsec. (b)(2). Pub. L. 98–216 substituted ‘‘49 App. U.S.C.’’ for ‘‘49 U.S.C.’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of this title. SHORT TITLE OF 1992 AMENDMENT Pub. L. 102–548, § 1, Oct. 28, 1992, 106 Stat. 3646, pro- vided that: ‘‘This Act [enacting section 508 of this title, amending this section and section 521 of this title, and enacting provisions set out as notes under section 508 of this title] may be cited as the ‘Intermodal Safe Con- tainer Transportation Act of 1992’.’’ § 502. General authority (a) The Secretary of Transportation shall carry out this chapter. (b) The Secretary may— (1) inquire into and report on the manage- ment of the business of rail carriers and motor carriers; (2) inquire into and report on the manage- ment of the business of a person controlling, controlled by, or under common control with those carriers to the extent that the business of the person is related to the management of the business of that carrier; and (3) obtain from those carriers and persons in- formation the Secretary determines to be nec- essary. (c) In carrying out this chapter as it applies to motor carriers, motor carriers of migrant work- ers, and motor private carriers, the Secretary may— (1) confer and hold joint hearings with State authorities; (2) cooperate with and use the services, records, and facilities of State authorities; and (3) make cooperative agreements with a State to enforce the safety laws and regula- tions of a State and the United States related to highway transportation. (d) The Secretary may subpena witnesses and records related to a proceeding or investigation under this chapter from a place in the United States to the designated place of the proceeding or investigation. If a witness disobeys a sub- pena, the Secretary, or a party to a proceeding or investigation before the Secretary, may peti- tion the district court for the judicial district in which the proceeding or investigation is con- ducted to enforce the subpena. The court may punish a refusal to obey an order of the court to comply with a subpena as a contempt of court. (e)(1) In a proceeding or investigation, the Sec- retary may take testimony of a witness by depo- sition and may order the witness to produce