PRIA, Government Policy, Made Personal

Summary

People hurt by transportation or service that clearly breaks sections 13901–13904 or 13906 can sue. Trial must be where the person who broke the rule operates. The plaintiff must serve a copy of the complaint on the Secretary and file a certificate showing service. The Secretary may join the case or say they will review the same matter; if so, the court must pause the case while the Secretary decides. The court may award a reasonable attorney’s fee to the winner, plus costs allowed under the Federal Rules of Civil Procedure.

Title 49, §14707

Transportation, Source: USLM XML via OLRC

(a)In General.—

If a person provides transportation by motor vehicle or service in clear violation of section 13901–13904 or 13906, a person injured by the transportation or service may bring a civil action to enforce any such section. In a civil action under this subsection, trial is in the judicial district in which the person who violated that section operates.

(b)Procedure.—

A copy of the complaint in a civil action under subsection (a) shall be served on the Secretary and a certificate of service must appear in the complaint filed with the court. The Secretary may intervene in a civil action under subsection (a). The Secretary may notify the district court in which the action is pending that the Secretary intends to consider the matter that is the subject of the complaint in a proceeding before the Secretary. When that notice is filed, the court shall stay further action pending disposition of the proceeding before the Secretary.

(c)Attorney’s Fees.—

In a civil action under subsection (a), the court may determine the amount of and award a reasonable attorney’s fee to the prevailing party. That fee is in addition to costs allowable under the Federal Rules of Civil Procedure.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Rules of Civil Procedure, referred to in subsec. (c), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

Prior Provisions

Provisions similar to those in this section were contained in section 11708 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.

§14707 Private Enforcement of Registration Requirement