PRIA, Government Policy, Made Personal

Summary

The Secretary or the Board can file a lawsuit to enforce section 14103 or to enforce this part, or any rule or order, against a carrier or broker that provides transportation under subchapter I or III of chapter 135, or against a foreign motor carrier or foreign motor private carrier registered under section 13902. If the lawsuit is under subsection (a)(2), the trial must be in the federal district where the carrier, foreign carrier, or broker operates. Court papers can be served even if they cross district or state lines. Anyone who helped a carrier or broker break the rule can be added to the case no matter where they live. The Board’s own lawyers may start or join lawsuits about motor carrier undercharges.

Title 49, §14702

Transportation, Source: USLM XML via OLRC

(a)In General.—

The Secretary or the Board, as applicable, may bring a civil action—

(1)to enforce section 14103 of this title; or

(2)to enforce this part, or a regulation or order of the Secretary or Board, as applicable, when violated by a carrier or broker providing transportation or service subject to jurisdiction under subchapter I or III of chapter 135 of this title or by a foreign motor carrier or foreign motor private carrier providing transportation registered under section 13902 of this title.

(b)Venue.—

In a civil action under subsection (a)(2) of this section— (1)

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

(3)a person participating with a carrier or broker in a violation may be joined in the civil action without regard to the residence of the person.

(c)Standing.—

The Board, through its own attorneys, may bring or participate in any civil action involving motor carrier undercharges.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 11702 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

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.

§14702 Enforcement by the Regulatory Authority