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49 U.S.C. § 502General authority

submitted 43 years ago by Pub. L. 97-449 to r/title-49-TRANSPORTATION · 622 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law gives the Secretary of Transportation general power to run this part of the transportation code, including investigating rail and motor carriers and getting information from them. It also lets the Secretary subpoena witnesses and records, take depositions, and work with state authorities on motor-carrier and highway-safety matters.

(a) The Secretary of Transportation must carry out this chapter. (b) The Secretary may: (1) look into and report on how rail carriers and motor carriers manage their businesses; (2) look into and report on the business of anyone who controls, is controlled by, or shares common control with those carriers, to the extent it relates to that carrier's management; and (3) get whatever information from those carriers and people the Secretary decides is necessary. (c) In applying this chapter to motor carriers, motor carriers of migrant workers, and motor private carriers, the Secretary may: (1) meet and hold joint hearings with state authorities; (2) cooperate with state authorities and use their services, records, and facilities; and (3) make cooperative agreements with a state to enforce state and federal highway-safety laws and regulations related to highway transportation. (d) The Secretary may subpoena witnesses and records related to a proceeding or investigation under this chapter, from anywhere in the United States, to the designated location. If a witness disobeys a subpoena, the Secretary, or a party to the proceeding or investigation, may ask the federal district court for that judicial district to enforce it — and the court may punish disobedience of its order as contempt of court. (e) In a proceeding or investigation, the Secretary may take a witness's testimony by deposition and order the witness to produce records. A party to a proceeding or investigation already at issue on petition and answer may also take a witness's deposition and require the witness to produce records. If a witness won't be deposed or produce records, the Secretary may subpoena the witness to do so. Walking through the deposition rules: a deposition may be taken before a federal judge, a U.S. magistrate judge, a district court clerk, or a state supreme or superior court judge, a city's mayor or chief magistrate, a county court or common-pleas judge, or a notary public who is not a lawyer for, or interested party in, the case. Before taking a deposition, the party (or that party's attorney) proposing to take it must give the opposing party, or that party's attorney of record, reasonable written notice stating the witness's name and the time and place of the deposition. The witness's testimony must be given under oath, must be transcribed, and the transcript must be signed by the witness. If the witness is in a foreign country, the deposition may be taken before an officer or person the Secretary designates, or one the parties agree on in a written stipulation filed with the Secretary, and it must be filed with the Secretary promptly. (f) Every witness summoned before the Secretary, or whose deposition is taken under this section, and the person taking the deposition, are entitled to the same fees and mileage reimbursement paid for similar services in the courts of the United States.
the actual law source: uscode.house.gov ↗public domain
(a)

The Secretary of Transportation shall carry out this chapter.

(b)

The Secretary may—

(1)

inquire into and report on the management of the business of rail carriers and motor carriers;

(2)

inquire into and report on the management of the business of a person controlling, controlled by, or under common control with those carriers to the extent that the business of the person is related to the management of the business of that carrier; and

(3)

obtain from those carriers and persons information the Secretary determines to be necessary.

(c)

In carrying out this chapter as it applies to motor carriers, motor carriers of migrant workers, and motor private carriers, the Secretary may—

(1)

confer and hold joint hearings with State authorities;

(2)

cooperate with and use the services, records, and facilities of State authorities; and

(3)

make cooperative agreements with a State to enforce the safety laws and regulations of a State and the United States related to highway transportation.

(d)

The Secretary may subpena witnesses and records related to a proceeding or investigation under this chapter from a place in the United States to the designated place of the proceeding or investigation. If a witness disobeys a subpena, the Secretary, or a party to a proceeding or investigation before the Secretary, may petition the district court for the judicial district in which the proceeding or investigation is conducted to enforce the subpena. The court may punish a refusal to obey an order of the court to comply with a subpena as a contempt of court.

(e)
(1)

In a proceeding or investigation, the Secretary may take testimony of a witness by deposition and may order the witness to produce records. A party to a proceeding or investigation pending before the Secretary may take the testimony of a witness by deposition and may require the witness to produce records at any time after a proceeding or investigation is at issue on petition and answer. If a witness fails to be deposed or to produce records under this subsection, the Secretary may subpena the witness to take a deposition, produce the records, or both.

(2)

A deposition may be taken before a judge of a court of the United States, a United States magistrate judge, a clerk of a district court, or a chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any State, or a notary public who is not counsel or attorney of a party or interested in the proceeding or investigation.

(3)

Before taking a deposition, reasonable notice must be given in writing by the party or the attorney of that party proposing to take a deposition to the opposing party or the attorney of record of that party, whoever is nearest. The notice shall state the name of the witness and the time and place of taking the deposition.

(4)

The testimony of a person deposed under this subsection shall be taken under oath. The person taking the deposition shall prepare, or cause to be prepared, a transcript of the testimony taken. The transcript shall be subscribed by the deponent.

(5)

The testimony of a witness who is in a foreign country may be taken by deposition before an officer or person designated by the Secretary or agreed on by the parties by written stipulation filed with the Secretary. The deposition shall be filed with the Secretary promptly.

(f)

Each witness summoned before the Secretary or whose deposition is taken under this section and the individual taking the deposition are entitled to the same fees and mileage paid for those services in the courts of the United States.

Source credit: (Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2431; Pub. L. 103–272, § 4(j)(12), July 5, 1994, 108 Stat. 1368.)

history & why it existsrecord from the source credit
  • 1983Enacted · Pub. L. 97-449 · 96 Stat. 2431
  • 1994Amended · Pub. L. 103-272 · 108 Stat. 1368

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-449 on 1983-01-12.

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