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49 U.S.C. § 503Service of notice and process on certain motor carriers of migrant workers and on motor private carriers

submitted 43 years ago by Pub. L. 97-449 to r/title-49-TRANSPORTATION · 379 words · no verdicts yet

in plain englishAI-generated · not legal advice

Certain motor carriers — carriers of migrant workers and motor private carriers — must name an agent to receive official notices and legal papers, both from the Secretary of Transportation and from courts. This section spells out how that agent must be designated and how notice or legal service is properly delivered.

(a) Each motor carrier of migrant workers (except a motor contract carrier) and each motor private carrier must designate — by name and post office address — an agent to receive notices in a proceeding before, or an action of, the Secretary of Transportation. This designation must be in writing, filed with the Secretary, and also filed with the authority of each state where the carrier operates that has jurisdiction over intrastate motor-vehicle transportation on that state's highways. The designation may be changed at any time, the same way it was originally made. (b) The Secretary serves a notice on a carrier under this section either personally or by mail, on the carrier or its designated agent. Service by mail on the designated agent is made at the address filed for that agent, and when notice is sent by mail, the mailing date counts as the date of service. If the carrier has no designated agent, service may be made by posting a copy of the notice at the office of the secretary or clerk of the authority with jurisdiction over intrastate motor-vehicle transportation in the state where the carrier is headquartered, and with the Secretary. (c) Each of those carriers — including one operating in the United States while transporting goods between places in a foreign country, or between a place in one foreign country and a place in another — must designate an agent in each state where it operates, by name and post office address, to accept court process served in a lawsuit brought against that carrier by a court with subject-matter jurisdiction. This designation must be in writing, filed with the Secretary and with the authority of each state where the carrier operates that has jurisdiction over intrastate motor-vehicle transportation. If a carrier doesn't make this designation, service may be made on any agent of the carrier in that state. This designation, too, may be changed at any time the same way it was originally made.
the actual law source: uscode.house.gov ↗public domain
(a)

Each motor carrier of migrant workers (except a motor contract carrier) and each motor private carrier shall designate an agent by name and post office address on whom service of notices in a proceeding before, and actions of, the Secretary of Transportation may be made. The designation shall be in writing and filed with the Secretary. The carrier also shall file the designation with the authority of each State in which it operates having jurisdiction to regulate transportation by motor vehicle in intrastate commerce on the highways of that State. The designation may be changed at any time in the same manner as originally made.

(b)

A notice of the Secretary to a carrier under this section is served personally or by mail on that carrier or its designated agent. Service by mail on the designated agent is made at the address 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 providing transportation between places in a foreign 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 regulate transportation by motor vehicle in intrastate 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.

Source credit: (Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2432.)

history & why it existsrecord from the source credit
  • 1983Enacted · Pub. L. 97-449 · 96 Stat. 2432

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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