49 U.S.C. § 507 — Enforcement

Page 141 TITLE 49—TRANSPORTATION § 507 cable to this chapter. The words ‘‘entered of record’’, ‘‘and decisions in such form and manner as may be best adapted for public information and use’’, and ‘‘in all courts of the United States and of the several States without any further proof or authentication thereof’’ are omitted as surplus. The text of 49:14(3) (last sen- tence) is omitted as unnecessary. § 507. Enforcement (a) The Secretary of Transportation may bring a civil action to enforce— (1) an order of the Secretary under this chap- ter when violated by a rail carrier; and (2) this chapter or a regulation or order of the Secretary under this chapter when vio- lated by a motor carrier, motor carrier of mi- grant workers, motor private carrier, or freight forwarder. (b) The Attorney General may, and on request of the Secretary shall, bring court proceedings to enforce this chapter or a regulation or order of the Secretary under this chapter and to pros- ecute a person violating this chapter or a regu- lation or order of the Secretary. (c) The Attorney General, at the request of the Secretary, may bring an action in an appro- priate district court of the United States for eq- uitable relief to redress a violation by any per- son of a provision of subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title, or an order or regulation issued under any of those provisions. Such dis- trict court shall have jurisdiction to determine any such action and may grant such relief as is necessary or appropriate, including mandatory or prohibitive injunctive relief, interim equi- table relief, and punitive damages. (d) A person injured because a rail carrier or freight forwarder does not obey an order of the Secretary under this chapter may bring a civil action to enforce that order under this sub- section. (e) In a civil action brought under subsection (a)(2) of this section against a motor carrier, motor carrier of migrant workers, or motor pri- vate carrier— (1) trial is in the judicial district in which the carrier operates; (2) process may be served without regard to the territorial limits of the district or of the State in which the action is brought; and (3) a person participating with the carrier in a violation may be joined in the civil action without regard to the residence of the person. (Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2435; Pub. L. 98–554, title II, § 213(a), Oct. 30, 1984, 98 Stat. 2841; Pub. L. 103–272, § 5(m)(10), July 5, 1994, 108 Stat. 1376.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 507 ............. 49:1655(f)(2). Oct. 15, 1966, Pub. L. 89–670, § 6(f)(2), 80 Stat. 940. 507(a), (d) ... 49:304(a)(3) (last sen- tence) (related to ‘‘Sec. 322(b)’’). Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3) (last sen- tence) (related to ‘‘Sec. 222(b)’’); added Aug. 9, 1935, ch. 498, 49 Stat. 546. 49:304(a)(3a) (last sentence) (related to ‘‘Sec. 322(b)’’). Feb 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3a) (last sen- tence) (related to ‘‘Sec. 222(b)’’); 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 507 49 U.S. Code Revised Section (a) ................ 16(12) (related to Commission action). 11702 322(b)(1) (less 1st sentence last 18 words, 2d sentence, last sentence). 11702 1017(b)(1) (related to Commission ac- tion). 11702 (b) ................ 12(1)(a) (last sentence less words be- fore 1st semicolon and after last semicolon). 11703 16(12) (related to action by the Attor- ney General). 11703 20(9). 11703 (c) ................ 16(12) (related to action by private person). 11705 1017(b)(1) (related to action by the At- torney General). 11703 (d) ................ 322(b)(1) (1st sentence last 18 words, 2d sentence, last sentence). 11702 1017(b)(1) (related to action by private person). 11705 See the revision notes for the revised sections for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows: In the section, the text of 49:322(b)(2) and (3) is not in- cluded for motor carriers of migrant workers and motor private carriers because those provisions, while included in the enumeration in 49:304(a)(3) and (3a), are not included in the specific enumeration of 49:1655(f)(2)(B)(ii). In subsections (a) and (d), the text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed. In subsection (a), the words ‘‘or of any term or condi- tion of any certificate or permit’’ are omitted as not applicable to this chapter. In subsection (a)(1), reference to a civil action to en- force an order for the payment of money is omitted as not applicable to this chapter. Editorial Notes AMENDMENTS 1994—Subsec. (c). Pub. L. 103–272 substituted ‘‘sub- chapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title’’ for ‘‘section 3102 of this title or the Motor Carrier Safety Act of 1984’’ and ‘‘any of those provisions’’ for ‘‘such section or Act’’. 1984—Subsecs. (c) to (e). Pub. L. 98–554 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively. Statutory Notes and Related Subsidiaries DOT IMPLEMENTATION PLAN Pub. L. 105–178, title IV, § 4026, June 9, 1998, 112 Stat. 416, provided that: ‘‘(a) ASSESSMENT.—Not later than 18 months after the date of enactment of this section [June 9, 1998], the Secretary [of Transportation] shall assess the scope of the problem of shippers, freight forwarders, brokers, consignees, or other persons (other than rail carriers, motor carriers, motor carriers of migrant workers, or motor private carriers) encouraging violations of chap- ter 5 of title 49, United States Code, or a regulation or order issued by the Secretary under such chapter. ‘‘(b) SUBMISSION OF IMPLEMENTATION PLAN.—After completion of the assessment under subsection (a), the Secretary may submit to the Congress a plan for imple- menting authority (if subsequently provided by law) to Page 142 TITLE 49—TRANSPORTATION § 508 investigate and bring civil actions to enforce chapter 5 of title 49, United States Code, or regulations or orders issued by the Secretary under such chapter with re- spect to persons described in subsection (a). ‘‘(c) CONTENTS OF IMPLEMENTATION PLAN.—In devel- oping the implementation plan under subsection (b), the Secretary shall consider, as appropriate— ‘‘(1) in what circumstances the Secretary would ex- ercise the new authority; ‘‘(2) how the Secretary would determine that ship- pers, freight forwarders, brokers, consignees, or other persons committed violations described in subsection (a), including what types of evidence would be conclu- sive; ‘‘(3) what procedures would be necessary during in- vestigations to ensure the confidentiality of shipper contract terms prior to the Secretary’s findings of violations; ‘‘(4) what impact the exercise of the new authority would have on the Secretary’s resources, including whether additional investigative or legal resources would be necessary and whether the staff would need specialized education or training to exercise properly such authority; ‘‘(5) to what extent the Secretary would conduct educational activities for persons who would be sub- ject to the new authority; and ‘‘(6) any other information that would assist the Congress in determining whether to provide the Sec- retary the new authority.’’ § 508. Safety performance history of new drivers; limitation on liability (a) LIMITATION ON LIABILITY.—No action or proceeding for defamation, invasion of privacy, or interference with a contract that is based on the furnishing or use of safety performance records in accordance with regulations issued by the Secretary may be brought against— (1) a motor carrier requesting the safety per- formance records of an individual under con- sideration for employment as a commercial motor vehicle driver as required by and in ac- cordance with regulations issued by the Sec- retary; (2) a person who has complied with such a re- quest; or (3) the agents or insurers of a person de- scribed in paragraph (1) or (2). (b) RESTRICTIONS ON APPLICABILITY.— (1) MOTOR CARRIER REQUESTING.—Subsection (a) does not apply to a motor carrier request- ing safety performance records unless— (A) the motor carrier and any agents of the motor carrier have complied with the regulations issued by the Secretary in using the records, including the requirement that the individual who is the subject of the records be afforded a reasonable opportunity to review and comment on the records; (B) the motor carrier and any agents and insurers of the motor carrier have taken all precautions reasonably necessary to protect the records from disclosure to any person, except for such an insurer, not directly in- volved in deciding whether to hire that indi- vidual; and (C) the motor carrier has used those records only to assess the safety perform- ance of the individual who is the subject of those records in deciding whether to hire that individual. (2) PERSON COMPLYING WITH REQUESTS.—Sub- section (a) does not apply to a person com- plying with a request for safety performance records unless— (A) the complying person and any agents of the complying person have taken all pre- cautions reasonably necessary to ensure the accuracy of the records and have complied with the regulations issued by the Secretary in furnishing the records, including the re- quirement that the individual who is the subject of the records be afforded a reason- able opportunity to review and comment on the records; and (B) the complying person and any agents and insurers of the complying person have taken all precautions reasonably necessary to protect the records from disclosure to any person, except for such an insurer, not di- rectly involved in forwarding the records. (3) PERSONS KNOWINGLY FURNISHING FALSE IN- FORMATION.—Subsection (a) does not apply to persons who knowingly furnish false informa- tion. (c) PREEMPTION OF STATE AND LOCAL LAW.—No State or political subdivision thereof may enact, prescribe, issue, continue in effect, or enforce any law (including any regulation, standard, or other provision having the force and effect of law) that prohibits, penalizes, or imposes liabil- ity for furnishing or using safety performance records in accordance with regulations issued by the Secretary to carry out this section. Not- withstanding any provision of law, written au- thorization shall not be required to obtain infor- mation on the motor vehicle driving record of an individual under consideration for employ- ment with a motor carrier. (Added Pub. L. 105–178, title IV, § 4014(a)(1), June 9, 1998, 112 Stat. 409.) Editorial Notes CODIFICATION Pub. L. 105–178, title IV, § 4014(a)(1), June 9, 1998, 112 Stat. 409, which directed the addition of section 508 at end of this chapter, was executed by adding this section at the end of subchapter I of this chapter to reflect the probable intent of Congress. PRIOR PROVISIONS A prior section 508, added Pub. L. 102–548, § 2(a), Oct. 28, 1992, 106 Stat. 3646, related to certification of weights and description, prior to repeal by Pub. L. 103–272, § 4(j)(11)(B), July 5, 1994, 108 Stat. 1368. See chap- ter 59 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 105–178, title IV, § 4014(b), June 9, 1998, 112 Stat. 411, provided that: ‘‘The amendments made by subsection (a) [enacting this section] shall take effect on January 31, 1999.’’ SUBCHAPTER II—PENALTIES § 521. Civil penalties (a)(1) A person required under section 504 of this title 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