§31706 — Title 49 Transportation | U.S. Code

Summary

The Attorney General can file a civil lawsuit when the Secretary of Transportation asks to make sure people follow sections 31704 and 31705. The case must be brought in the state where the enforcement order would be needed. If the court finds the request proper, and subject to section 1341 of title 28, the court must issue a temporary restraining order or a preliminary or permanent injunction, and it may order the State or any person to comply with those sections.

Title 49, §31706

Transportation — Source: USLM XML via OLRC

(a)On request of the Secretary of Transportation, the Attorney General may bring a civil action in a court of competent jurisdiction to enforce compliance with section 31704 and 31705 of this title.

(b)An action under this section may be brought only in the State in which an order is required to enforce compliance.

(c)Subject to section 1341 of title 28, the court, on a proper showing—

(1)shall issue a temporary restraining order or a preliminary or permanent injunction; and

(2)may require by the injunction that the State or any person comply with section 31704 and 31705 of this title.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 3170649:11506 (note).Dec. 18, 1991, Pub. L. 102–240, § 4008(h), 105 Stat. 2155. In subsection (a), the words “bring a civil action . . . to enforce compliance” are substituted for “commence . . . a civil action for such injunctive relief as may be appropriate to ensure compliance” for consistency in the revised title and to eliminate unnecessary words. In subsection (b), the words “an order is required to enforce compliance” are substituted for “relief is required to ensure such compliance” for consistency in the revised title.

§31706 Enforcement

Summary

Title 49, §31706

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata