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49 U.S.C. § 14711Enforcement by State attorneys general

submitted 21 years ago by Pub. L. 109-59 to r/title-49-TRANSPORTATION · 782 words · no verdicts yet

in plain englishAI-generated · not legal advice

A State's attorney general can sue on behalf of residents to enforce household goods consumer protection rules or collect civil penalties, when the State believes residents are being harmed. The State must notify the Secretary or Board first, who may review or step into the case under certain conditions, like an unlicensed or poorly-rated carrier. This power does not create a right to bring a class action, and States can still enforce their own criminal laws separately.

(a) In General. A State, as parens patriae, can bring a civil action on behalf of its residents in an appropriate federal district court to enforce the consumer protection provisions of this title that the Secretary has determined apply to individual shippers and relate to household goods delivery by a covered household goods motor carrier, or to impose civil penalties authorized by this part, whenever the State's attorney general has reason to believe residents' interests have been, or are being, threatened or hurt by a carrier, broker, or registered foreign motor carrier engaged in household goods transportation that violates this part or a related regulation or order. (b) Notice and Consent. (1) In general. Before suing under (a), the State must serve written notice, including a copy of the planned complaint, on the Secretary or Board. (2) Conditions. The Secretary or Board must review the State's action if: (i) the carrier or broker is not registered with the Department of Transportation; (ii) its license is pending revocation, or has been revoked, for failing to prove required bodily injury or cargo liability insurance, or for another reason; (iii) the carrier is not rated or has a conditional or unsatisfactory safety rating; or (iv) the carrier or broker has been licensed less than 5 years. The Secretary or Board may also review the action if the carrier or broker fails to meet other criteria the Secretary develops. (3) Congressional notification. The Secretary must notify the relevant Senate and House committees of any criteria developed under (2)(B). (4) 60-day deadline. If the Secretary or Board takes no action on the State's notice within 60 calendar days, they are considered to have consented to the State's civil action. (c) Authority to Intervene. After getting the required notice, the Secretary or Board can intervene in the State's civil action -- being heard on all matters in the case, and filing petitions to appeal any decision. (d) Construction. Nothing in this section, for purposes of bringing a civil action under (a), gives anyone a right to start or maintain a class action to enforce federal law, or stops a State attorney general from using their own State-law powers to investigate, administer oaths, or compel witnesses and evidence. (e) Venue; Service of Process. In a civil action under (a): (1) venue must be a federal judicial district where the carrier, foreign motor carrier, or broker operates, was authorized to operate when the complaint arose, or is found; (2) process can be served without regard to the usual territorial limits of the district or State; and (3) anyone who took part with the carrier or broker in the alleged violation can be joined in the action regardless of where they live. (f) Enforcement of State Law. Nothing in this section stops an authorized State official from going to State court to enforce that State's own criminal statute.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

A State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enforce the consumer protection provisions of this title that apply to individual shippers, as determined by the Secretary, and are related to the delivery and transportation of household goods by a household goods motor carrier subject to jurisdiction under subchapter I of chapter 135 or regulations or orders of the Secretary or the Board issued under such provisions or to impose the civil penalties authorized by this part or such regulations or orders, whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a carrier or broker providing transportation subject to jurisdiction under subchapter I or III of chapter 135 or a foreign motor carrier providing transportation that is registered under section 13902 and is engaged in household goods transportation that violates this part or a regulation or order of the Secretary or Board, as applicable, issued under this part.

(b)Notice and Consent.—
(1)In general.—

The State shall serve written notice to the Secretary or the Board, as the case may be, of any civil action under subsection (a) prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action.

(2)Conditions.—

The Secretary or the Board—

(A)

shall review the initiation of a civil action under this section by a State if—

(i)

the carrier or broker that is the subject of the action is not registered with the Department of Transportation;

(ii)

the license of the carrier or broker for failure to file proof of required bodily injury or cargo liability insurance is pending, or the license has been revoked for any other reason by the Department;

(iii)

the carrier is not rated or has received a conditional or unsatisfactory safety rating by the Department; or

(iv)

the carrier or broker has been licensed with the Department for less than 5 years; and

(B)

may review if the carrier or broker fails to meet criteria developed by the Secretary that are consistent with this section.

(3)Congressional notification.—

The Secretary shall notify the Committee on Commerce, Science, and Transportation, of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of any criteria developed by the Secretary under paragraph (2)(B).

(4) 60-day deadline.—

The Secretary or the Board shall be considered to have consented to any civil action of a State under this section if the Secretary or the Board has taken no action with respect to the notice within 60 calendar days after the date on which the Secretary or the Board received notice under paragraph (1).

(c)Authority to Intervene.—

Upon receiving the notice required by subsection (b), the Secretary or board may intervene in a civil action of a State under this section and upon intervening—

(1)

be heard on all matters arising in such civil action; and

(2)

file petitions for appeal of a decision in such civil actions.

(d)Construction.—

For purposes of bringing any civil action under subsection (a), nothing in this section shall—

(1)

convey a right to initiate or maintain a class action lawsuit in the enforcement of a Federal law or regulation; or

(2)

prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence.

(e)Venue; Service of Process.—

In a civil action brought under subsection (a)—

(1)

the venue shall be a Federal judicial district in which—

(A)

the carrier, foreign motor carrier, or broker operates;

(B)

the carrier, foreign motor carrier, or broker was authorized to provide transportation at the time the complaint arose; or

(C)

where the defendant in the civil action is found;

(2)

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

(3)

a person who participated with a carrier or broker in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person.

(f)Enforcement of State Law.—

Nothing contained in this section shall prohibit an authorized State official from proceeding in State court to enforce a criminal statute of such State.

Source credit: (Added Pub. L. 109–59, title IV, § 4206(b)(1), Aug. 10, 2005, 119 Stat. 1755; amended Pub. L. 109–115, div. A, title I, § 173(c), (d), Nov. 30, 2005, 119 Stat. 2426.)

history & why it existsrecord from the source credit
  • 2005Enacted · Pub. L. 109-59 · 119 Stat. 1755
  • 2005Amended · Pub. L. 109-115 · 119 Stat. 2426

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-59 on 2005-08-10.

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