49 U.S.C. § 32706 — Inspections, investigations, and records

(a) Authority to inspect and investigate. Subject to section 32707, the Secretary of Transportation may inspect or investigate whatever this chapter or its regulations and orders require. The Secretary must work with state and local officials as much as possible during an inspection or investigation. The Secretary may pass along information about a violation to the Attorney General. (b) Entry, inspection, and impoundment. (1) To carry out subsection (a), an officer or employee the Secretary designates — after showing proper credentials and giving written notice to the owner, operator, or person in charge — may (A) enter and inspect a commercial site where a motor vehicle or vehicle equipment is made, held for shipment or sale, kept, or repaired; (B) enter and inspect a noncommercial site the Secretary reasonably believes holds a vehicle or equipment tied to a violation of this chapter; (C) inspect that vehicle or equipment; and (D) impound the vehicle or equipment for up to 72 hours for inspection, if the Secretary reasonably believes it's tied to a violation. (2) Any inspection or impoundment must happen at a reasonable time, in a reasonable way, and without unreasonable delay. The written notice can be a warrant issued under section 32707. (c) Reasonable compensation. If the Secretary impounds a vehicle (other than one covered by chapter 135, subchapter I) or equipment for inspection, and that impoundment denies its use or lowers its value, the Secretary must pay the owner reasonable compensation. (d) Records and information requirements. (1) To check whether a dealer or distributor is following this chapter and its regulations and orders, the Secretary may require the dealer or distributor to (A) keep records, (B) provide information from those records — as long as the Secretary explains why it's needed and identifies it as clearly as possible, and (C) let a designated officer or employee inspect the dealer's or distributor's relevant records. (2) This subsection, together with subsection (e)(1)(B), doesn't let the Secretary demand information from a dealer or distributor on a regular, ongoing basis. (e) Administrative authority and civil actions to enforce. (1) To carry out this chapter, the Secretary may (A) inspect and copy anyone's records at reasonable times, (B) order a person to file written reports or answer specific questions, including under oath, and (C) hold hearings, swear in witnesses, take testimony, and require — by subpoena or otherwise — that witnesses appear and testify and records be produced. (2) A summoned witness gets the same fee and travel mileage a federal court witness would get. (3) To enforce a subpoena or order, a civil suit may be brought in the U.S. district court for the district where the proceeding is happening, and that court can treat disobedience as contempt of court. (f) Prohibitions. A person may not fail to keep records, refuse to let records be accessed or copied, fail to file reports or give information, refuse entry or inspection, or refuse to allow impoundment, whenever this section requires it.