49 U.S.C. § 504 — Reports and records

Page 138 TITLE 49—TRANSPORTATION § 504 mail on the designated agent is made at the ad- dress filed for the agent. When notice is given by mail, the date of mailing is considered to be the time when the notice is served. If the carrier does not have a designated agent, service may be made by posting a copy of the notice in the office of the secretary or clerk of the authority having jurisdiction to regulate transportation by motor vehicle in intrastate commerce on the highways of the State in which the carrier maintains headquarters and with the Secretary. (c) Each of those carriers, including such a carrier operating in the United States while pro- viding transportation between places in a for- eign country or between a place in one foreign country and a place in another foreign country, shall designate an agent in each State in which it operates by name and post office address on whom process issued by a court with subject matter jurisdiction may be served in an action brought against that carrier. The designation shall be in writing and filed with the Secretary and with the authority of each State in which the carrier operates having jurisdiction to regu- late transportation by motor vehicle in intra- state commerce on the highways of that State. If a designation under this subsection is not made, service may be made on any agent of the carrier in that State. The designation may be changed at any time in the same manner as originally made. (Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2432.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 503 ............. 49:304(a)(3) (last sen- tence) (related to ‘‘Sec. 321’’). Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3) (last sen- tence) (related to ‘‘Sec. 221’’); added Aug. 9, 1935, ch. 498, 49 Stat. 546. 49:304(a)(3a) (last sentence) (related to ‘‘Sec. 321’’). Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3a) (last sen- tence) (related to ‘‘Sec. 221’’); added Aug. 3, 1956, ch. 905, § 2, 70 Stat. 958. 49:1655(e)(6)(D) (re- lated to ‘‘Sec. 321(a), (c)’’). Oct. 15, 1966, Pub. L. 89–670, § 6(e)(6)(D) (related to ‘‘Sec. 221(a), (c)’’), 80 Stat. 940. The section is included because 49:1655(e)(6)(D) trans- ferred to the Secretary of Transportation all functions, powers, and duties of the Interstate Commerce Com- mission under 49:321(a) and (c) to the extent those sub- sections relate to motor carriers of migrant workers and motor private carriers. The powers of the Commis- sion have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are rep- resented by the section may be found as follows: Section 503 49 U.S. Code Revised Section (a), (b) ......... 321(a). 10329 (c) ................ 321(c). 10330 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 words ‘‘motor carriers’’ are omit- ted because 49:1655(e)(6)(D) applies 49:321(a) and (c) only to motor carriers of migrant workers, other than motor contract carriers, and to motor private carriers, and 49:1655(f)(2)(B)(ii) contains no reference to 49:321. The text of 49:321(b) and (d) is not included 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(e)(6)(D). In subsection (b), the text of 49:321(a) (less 1st–5th sentences) is omitted as not applicable to this chapter. § 504. Reports and records (a) In this section— (1) ‘‘association’’ means an organization maintained by or in the interest of a group of rail carriers, motor carriers, motor carriers of migrant workers, or motor private carriers that performs a service, or engages in activi- ties, related to transportation of that carrier. (2) ‘‘carrier’’ means a motor carrier, motor carrier of migrant workers, motor private car- rier, and rail carrier. (3) ‘‘lessor’’ means a person owning a rail- road that is leased to and operated by a rail carrier, and a person leasing a right to operate as a motor carrier, motor carrier of migrant workers, or motor private carrier to another. (4) ‘‘lessor’’ and ‘‘carrier’’ include a receiver or trustee of that lessor or carrier, respec- tively. (b)(1) The Secretary of Transportation may prescribe the form of records required to be pre- pared or compiled under this section by— (A) carriers and lessors; and (B) a person furnishing cars or protective service against heat or cold to or for a rail carrier. (2) The Secretary may require— (A) carriers, lessors, associations, or classes of them as the Secretary may prescribe, to file annual, periodic, and special reports with the Secretary containing answers to questions asked by the Secretary; and (B) a person furnishing cars or protective service against heat or cold to a rail carrier to file reports with the Secretary containing an- swers to questions about those cars or service. (c) The Secretary, or an employee (and, in the case of a motor carrier, a contractor, or an em- ployee of the recipient of a grant issued under section 31102 of this title) designated by the Sec- retary, may on demand and display of proper credentials, in person or in writing— (1) inspect the equipment of a carrier or les- sor; and (2) inspect and copy any record of— (A) a carrier, lessor, or association; (B) a person controlling, controlled by, or under common control with a carrier, if the Secretary considers inspection relevant to that person’s relation to, or transaction with, that carrier; and (C) a person furnishing cars or protective service against heat or cold to or for a rail carrier if the Secretary prescribed the form of that record. (d) The Secretary may prescribe the time pe- riod during which records must be preserved by a carrier, lessor, and person furnishing cars or protective service. (e)(1) An annual report shall contain an ac- count, in as much detail as the Secretary may require, of the affairs of a carrier, lessor, or as- sociation for the 12-month period ending on the 31st day of December of each year. The annual report shall be filed with the Secretary by the end of the 3d month after the end of the year for Page 139 TITLE 49—TRANSPORTATION § 505 which the report is made unless the Secretary extends the filing date or changes the period covered by the report. (2) The annual report and, if the Secretary re- quires, any other report made under this section shall be made under oath. (f) No part of a report of an accident occurring in operations of a motor carrier, motor carrier of migrant workers, or motor private carrier and required by the Secretary, and no part of a report of an investigation of the accident made by the Secretary, may be admitted into evidence or used in a civil action for damages related to a matter mentioned in the report or investiga- tion. (Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2433; Pub. L. 105–178, title IV, § 4006(b), June 9, 1998, 112 Stat. 401; Pub. L. 112–141, div. C, title II, § 32501(a), July 6, 2012, 126 Stat. 802.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 504 ............. 49:304(a)(3) (last sen- tence) (related to ‘‘Sec. 320(a) (1st, 2d sentences), (b)–(g)’’). Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3) (last sen- tence) (related to ‘‘Sec. 220(a) (1st, 2d sentences), (b)–(g)’’); added Aug. 9, 1935, ch. 498, 49 Stat. 546. 49:304(a)(3a) (last sentence) (related to ‘‘Sec. 320(a) (1st, 2d sen- tences), (b)–(g)’’). Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3a) (last sen- tence) (related to ‘‘Sec. 220(a) (1st, 2d sentences), (b)–(g)’’); 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. 504(f) .......... 49:320(f). Feb. 4, 1887, ch. 104, 24 Stat. 379, § 220(f); added Sept. 18, 1940, ch. 722, § 24, 54 Stat. 926. 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 504 49 U.S. Code Revised Sec- tion (a)(1), (3), and (4). 20(8). 3501, 11141 320(e). 11141 (a)(2) ......... (no source). (b)(1) ......... 20(5) (1st sentence), (6) (2d sentence, 1st cl.), (7)(b) (proviso). 11144 320(d) (1st sentence). 11144 (b)(2) ......... 20(1) (1st sentence less manner and form of reports), (6) (2d sentence, 2d cl.). 11145 320(a) (1st sentence). 11145 (c) ............. 20(5) (less 1st sentence), (6) (less 2d sentence). 11144 320(d) (3d and 4th sentences). 11144 (d) ............. 20(7)(b) (proviso). 11144 320(d) (less 1st, 3d, and 4th sentences). 11144 (e) ............. 20(1) (1st sentence related to manner and form of reports). 11145 320(a) (2d sentence), (b). 11145 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: The provisions of 49:320(c) are not included for motor carriers of migrant workers and motor private carriers because those provisions, while included in the enu- meration in 49:304(a)(3) and (3a), are not included in the specific enumeration of 49:1655(f)(2)(B)(ii). In the section, the text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed. The text of 49:320(b) (related to 13- period accounting year) and (g) is not included because it was enacted after the effective date of the transfer authority under 49:1655. In subsection (a), references to ‘‘water line’’ and ‘‘pipe line’’ are omitted as not applicable to this chap- ter. Clause (2) is added to provide a simple phrase to refer to all types of carriers to which the section ap- plies. In subsection (f), the words ‘‘the course of the’’ are omitted as surplus. The words ‘‘civil action’’ are sub- stituted for ‘‘suit or action’’ because of rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). Editorial Notes AMENDMENTS 2012—Subsec. (c). Pub. L. 112–141 inserted ‘‘, or an em- ployee of the recipient of a grant issued under section 31102 of this title’’ after ‘‘a contractor’’ and ‘‘, in per- son or in writing’’ after ‘‘proper credentials’’ in intro- ductory provisions. 1998—Subsec. (c). Pub. L. 105–178 inserted ‘‘(and, in the case of a motor carrier, a contractor)’’ after ‘‘em- ployee’’ in introductory provisions. 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. § 505. Arrangements and public records (a) The Secretary of Transportation may re- quire a motor carrier, motor carrier of migrant workers, or motor private carrier to file a copy of each arrangement related to a matter under this chapter that it has with another person. The Secretary may disclose the existence or contents of an arrangement between a motor contract carrier and a shipper filed under this section only if the disclosure is consistent with the public interest and is made as part of the record in a formal proceeding. (b) Except as provided in subsection (a) of this section, all arrangements and statistics, tables, and figures contained in reports filed with the Secretary by a motor carrier under this chapter are public records. Such a public record, or a copy or extract of it, certified by the Secretary under seal is competent evidence in a proceeding of the Secretary, and, except as provided in sec- tion 504(f) of this title, in a judicial proceeding. (Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2434.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 505 ............. 49:1655(f)(2). Oct. 15, 1966, Pub. L. 89–670, § 6(f)(2), 80 Stat. 940. 505(a) ......... 49:304(a)(3) (last sen- tence) (related to ‘‘Sec. 320(a) (less 1st, 2d sen- tences)’’). Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3) (last sen- tence) (related to ‘‘Sec. 220(a) (less 1st, 2d sen- tences)’’); added Aug. 9, 1935, ch. 498, 49 Stat. 546. 49:304(a)(3a) (last sentence) (related to ‘‘Sec. 320(a) (less 1st, 2d sen- tences)’’). Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3a) (last sen- tence) (related to ‘‘Sec. 220(a) (less 1st, 2d sen- tences)’’); added Aug. 3, 1956, ch. 905, § 2, 70 Stat. 958.