49 U.S.C. § 14702 — Enforcement by the regulatory authority

submitted 31 years ago by Pub. L. 104-88 to r/title-49-TRANSPORTATION · 196 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary or the Board can sue in civil court to enforce transportation laws and rules against carriers, brokers, and registered foreign carriers. These lawsuits are tried where the carrier or broker operates, and can name anyone connected to the violation. The Board's own lawyers can also sue over undercharges.

(a) In General. The Secretary or the Board (whichever applies) can bring a civil lawsuit to (1) enforce section 14103 of this title, or (2) enforce this part or a related regulation or order, when a carrier or broker -- or a registered foreign motor carrier or foreign motor private carrier -- violates it. (b) Venue. For a lawsuit under (a)(2): (1) The trial happens in the judicial district where the carrier, foreign carrier, or broker operates. (2) Legal papers ("process") can be served without regard to the usual geographic limits of the district or state where the lawsuit is filed. (3) Anyone who took part with the carrier or broker in the violation can be added to the lawsuit, no matter where that person lives. (c) Standing. The Board can use its own attorneys to bring or join a civil lawsuit about motor carriers undercharging customers.

the actual law source: uscode.house.gov ↗public domain

(a)In General.—

The Secretary or the Board, as applicable, may bring a civil action—

(1)

to enforce section 14103 of this title; or

(2)

to enforce this part, or a regulation or order of the Secretary or Board, as applicable, when violated by a carrier or broker providing transportation or service subject to jurisdiction under subchapter I or III of chapter 135 of this title or by a foreign motor carrier or foreign motor private carrier providing transportation registered under section 13902 of this title.

(b)Venue.—

In a civil action under subsection (a)(2) of this section—

(1)

trial is in the judicial district in which the carrier, foreign motor carrier, foreign motor private carrier, or broker operates;

(2)

process may be served without regard to the territorial limits of the district or of the State in which the action is instituted; and

(3)

a person participating with a carrier or broker in a violation may be joined in the civil action without regard to the residence of the person.

(c)Standing.—

The Board, through its own attorneys, may bring or participate in any civil action involving motor carrier undercharges.

Source credit: (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 905.)

history & why it existsrecord from the source credit

1995Enacted · Pub. L. 104-88 · 109 Stat. 905

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-88 on 1995-12-29.

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