§11702 — Title 49 Transportation | U.S. Code

Summary

The Board can sue in court to stop a railroad from breaking sections 10901 through 10906 or any rule, order, or certificate under those sections. It can also sue to force compliance with subchapter II of chapter 113 and with other Board orders, except it cannot bring a civil suit just to enforce an order that only requires payment of money, against rail carriers the Board regulates.

Title 49, §11702

Transportation — Source: USLM XML via OLRC

The Board may bring a civil action—

(1)to enjoin a rail carrier from violating sections 10901 through 10906 of this title, or a regulation prescribed or order or certificate issued under any of those sections;

(2)to enforce subchapter II of chapter 113 of this title and to compel compliance with an order of the Board under that subchapter; and

(3)to enforce an order of the Board, except a civil action to enforce an order for the payment of money, when it is violated by a rail carrier providing transportation subject to the jurisdiction of the Board under this part.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 11702, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1450; Pub. L. 96–296, §§ 15(c), 16(c), July 1, 1980, 94 Stat. 809, 810; Pub. L. 97–261, § 25(e), Sept. 20, 1982, 96 Stat. 1125; Pub. L. 98–554, title II, § 226(c)(5), Oct. 30, 1984, 98 Stat. 2851; Pub. L. 100–690, title IX, § 9111(j), Nov. 18, 1988, 102 Stat. 4534, related to authority of Interstate Commerce Commission to bring a civil action to enforce various provisions of this subtitle, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See section 11702, 14702, and 15902 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.

§11702 Enforcement by the Board