§523 — Title 49 Transportation | U.S. Code

Summary

Motor carriers and people they authorize must not share details about a shipment—like what it is, how much, where it’s going, who will get it, or the route—with anyone else unless the shipper or consignee agrees. Other people also must not ask for or knowingly take that kind of information if it could hurt the shipper or reveal the shipper’s business to a competitor. The rule allows sharing when a court orders it, when given to a government officer or agent, or when carriers share information with each other to settle ordinary business accounts. A Transportation Department employee sent to inspect under section 504 must not knowingly tell others what they learned in the inspection unless the Secretary, a court, or a judge allows it. If they do, they can be fined up to $500, jailed up to 6 months, or both.

Title 49, §523

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(a)A motor carrier, or an officer, receiver, trustee, lessee, or employee of that carrier, or another person authorized by that carrier to receive information from that carrier, may not knowingly disclose to another person (except the shipper or consignee), and another person may not solicit, or knowingly receive, information about the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to that carrier without the consent of the shipper or consignee if that information may be used to the detriment of the shipper or consignee or may disclose improperly to a competitor the business transactions of the shipper or consignee.

(b)This chapter does not prevent a motor carrier, motor carrier of migrant workers, or motor private carrier from giving information—

(1)in response to legal process issued under authority of a court of the United States or a State;

(2)to an officer, employee, or agent of the United States Government, a State, or a territory or possession of the United States; and

(3)to another motor carrier, motor carrier of migrant workers, or motor private carrier, or its agent, to adjust mutual traffic accounts in the ordinary course of business.

(c)An employee of the Secretary of Transportation delegated to make an inspection under section 504 of this title who knowingly discloses information acquired during that inspection, except as directed by the Secretary, a court, or a judge of that court, shall be fined not more than $500, imprisoned for not more than 6 months, or both.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 52349:1655(f)(2).Oct. 15, 1966, Pub. L. 89–670, § 6(f)(2), 80 Stat. 940. 523(b)49:304(a)(3) (last sentence) (related to “Sec. 322(f)”).Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3) (last sentence) (related to “Sec. 222(d), (f)”); added Aug. 9, 1935, ch. 498, 49 Stat. 546. 49:304(a)(3a) (last sentence) (related to “Sec. 322(f)”).Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(a)(3a) (last sentence) (related to “Sec. 222(d), (f)”); added Aug. 3, 1956, ch. 905, § 2, 70 Stat. 958. 523(c)49:304(a)(3) (last sentence) (related to “Sec. 322(d)”). 49:304(a)(3a) (last sentence) (related to “Sec. 322(d)”). The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows: section 52349 U.S. CodeRevised Section (a)322(e).11910 (b)322(f).11910 (c)20(7)(f).11910 322(d).11910 See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows: Subsection (a) does not apply to motor carriers of migrant workers and motor private carriers because 49:322(e) only applies to motor carriers and 49:304(a)(3) and (3a) do not apply 49:322(e) to motor carriers of migrant workers and motor private carriers. The words “engaged in interstate or foreign commerce” are omitted as unnecessary because of the restatement of the chapter. In subsections (b) and (c), the text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed.

§523 Unlawful disclosure of information

Summary

Title 49, §523

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata