49 U.S.C. § 522 — Reporting and record keeping violations

Page 147 TITLE 49—TRANSPORTATION § 522 of such Act’’, ‘‘section 31303(a) of this title’’ for ‘‘sec- tion 12003(a) of such Act’’, and ‘‘section 31303(a)’’ for ‘‘such section 12003(a)’’. Subsec. (b)(12). Pub. L. 103–272, § 5(m)(11)(I), sub- stituted ‘‘chapter 51 of this title’’ for ‘‘any provision of the Hazardous Materials Transportation Act (49 U.S.C. App. 1801–1812)’’ and ‘‘chapter 51’’ for ‘‘such Act’’. Subsec. (b)(13). Pub. L. 103–272, § 5(m)(11)(J), sub- stituted ‘‘section 31132 of this title’’ for ‘‘section 204 of the Motor Carrier Safety Act of 1984’’. 1992—Subsec. (b)(2)(A). Pub. L. 102–548 inserted ‘‘or which is a violation of section 508 of this title’’ after ‘‘Act of 1984’’. 1990—Subsec. (b)(1). Pub. L. 101–500 designated exist- ing provisions as subpar. (A) and added subpar. (B). 1986—Subsec. (b)(1). Pub. L. 99–570, § 12012(a), inserted ‘‘or section 12002, 12003, 12004, 12005(b), or 12008(d)(2) of the Commercial Motor Vehicle Safety Act of 1986’’ after ‘‘the Motor Carrier Safety Act of 1984’’ and sub- stituted ‘‘such sections’’ for ‘‘such section’’. Subsec. (b)(2). Pub. L. 99–570, § 12012(b), (f)(1), inserted heading, designated existing provisions as subpars. (A) and (C) with corresponding headings, added subpar. (B), in subpar. (A) indented such subparagraph and aligned it with subpar. (B), and inserted exception relating to subpar. (B). Subsec. (b)(3). Pub. L. 99–570, § 12012(c), inserted ‘‘or section 12002, 12003, 12004, or 12005(b) of the Commercial Motor Vehicle Safety Act of 1986’’ after ‘‘the Motor Carrier Safety Act of 1984’’. Subsec. (b)(5)(A). Pub. L. 99–570, § 12012(d), inserted ‘‘or section 12002, 12003, 12004, or 12005(b) of the Com- mercial Motor Vehicle Safety Act of 1986’’ after ‘‘the Motor Carrier Safety Act of 1984’’ and substituted ‘‘such sections’’ for ‘‘such section’’. Subsec. (b)(6). Pub. L. 99–570, § 12012(e), (f)(2), (g)(1), in- serted heading, designated existing provisions as sub- par. (A) with corresponding heading, added subpar. (B), in subpar. (A) indented such subparagraph and aligned it with subpar. (B), and substituted ‘‘to a fine’’ for ‘‘for a fine’’ in two places. Subsec. (b)(13). Pub. L. 99–570, § 12012(g)(2), substituted ‘‘section 204’’ for ‘‘section 4’’. 1984—Subsec. (b)(1). Pub. L. 98–554 substituted provi- sions relating to notice to violators and opportunity for hearings for former provisions which set forth pen- alties for failure to make reports and keep records. Subsec. (b)(2). Pub. L. 98–554 substituted provisions setting forth amount of civil penalties for former provi- sions which related to the place of trial and manner of service of process for violations of recordkeeping and reporting provisions. Subsec. (b)(3) to (13). Pub. L. 98–554 added pars. (3) to (13). 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. DEEMED REFERENCES TO CHAPTERS 509 AND 511 OF TITLE 51 General references to ‘‘this title’’ deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title. MINIMUM AND MAXIMUM ASSESSMENTS Pub. L. 106–159, title II, § 222, Dec. 9, 1999, 113 Stat. 1769, provided that: ‘‘(a) IN GENERAL.—The Secretary of Transportation should ensure that motor carriers operate safely by im- posing civil penalties at a level calculated to ensure prompt and sustained compliance with Federal motor carrier safety and commercial driver’s license laws. ‘‘(b) ESTABLISHMENT.—The Secretary— ‘‘(1) should establish and assess minimum civil pen- alties for each violation of a law referred to in sub- section (a); and ‘‘(2) shall assess the maximum civil penalty for each violation of a law referred to in subsection (a) by any person who is found to have committed a pat- tern of violations of critical or acute regulations issued to carry out such a law or to have previously committed the same or a related violation of critical or acute regulations issued to carry out such a law. ‘‘(c) EXTRAORDINARY CIRCUMSTANCES.—If the Sec- retary determines and documents that extraordinary circumstances exist which merit the assessment of any civil penalty lower than any level established under subsection (b), the Secretary may assess such lower penalty. In cases where a person has been found to have previously committed the same or a related violation of critical or acute regulations issued to carry out a law referred to in subsection (a), extraordinary cir- cumstances may be found to exist when the Secretary determines that repetition of such violation does not demonstrate a failure to take appropriate remedial ac- tion. ‘‘(d) REPORT TO CONGRESS.— ‘‘(1) IN GENERAL.—The Secretary shall conduct a study of the effectiveness of the revised civil pen- alties established in the Transportation Equity Act for the 21st Century [Pub. L. 105–178, see Tables for classification] and this Act [see Tables for classifica- tion] in ensuring prompt and sustained compliance with Federal motor carrier safety and commercial driver’s license laws. ‘‘(2) SUBMISSION TO CONGRESS.—The Secretary shall transmit the results of such study and any rec- ommendations to Congress by September 30, 2002.’’ REPORT; PENALTIES; EFFECTIVENESS Section 213(d) of Pub. L. 98–554 directed Secretary of Transportation to conduct a study of effectiveness of civil and criminal penalties established by amendments made by section 213 of Pub. L. 98–554 in deterring viola- tions of commercial motor vehicle safety regulations issued under title II of Pub. L. 98–554 and in effectively prosecuting such violations when they occur, which study was to examine the effectiveness of penalties in effect before Oct. 30, 1984, in comparison to the pen- alties established by the amendments made by title II of Pub. L. 98–554, and was to further investigate the need for, and make recommendations concerning, in- creased fine levels for civil and criminal penalties, and the need for additional categories of civil and criminal penalties to deter further, and prosecute effectively, violations of such commercial motor vehicle safety reg- ulations, and further directed Secretary to submit to Congress a report on the findings of this study, to- gether with legislative recommendations, not later than 2 years after Oct. 30, 1984. § 522. Reporting and record keeping violations A person required to make a report to the Sec- retary of Transportation, or make, prepare, or preserve a record, under section 504 of this title about transportation by rail carrier, that know- ingly 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, pre- pares, 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. (Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2436; Pub. L. 105–178, title IV, § 4015(c), June 9, 1998, 112 Stat. 412.) 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.