
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC32706]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
            PART C--INFORMATION, STANDARDS, AND REQUIREMENTS
 
                         CHAPTER 327--ODOMETERS
 
Sec. 32706. Inspections, investigations, and records

    (a) Authority To Inspect and Investigate.--Subject to section 32707 
of this title, the Secretary of Transportation may conduct an inspection 
or investigation necessary to carry out this chapter or a regulation 
prescribed or order issued under this chapter. The Secretary shall 
cooperate with State and local officials to the greatest extent possible 
in conducting an inspection or investigation. The Secretary may give the 
Attorney General information about a violation of this chapter or a 
regulation prescribed or order issued under this chapter.
    (b) Entry, Inspection, and Impoundment.--(1) In carrying out 
subsection (a) of this section, an officer or employee designated by the 
Secretary, on display of proper credentials and written notice to the 
owner, operator, or agent in charge, may--
        (A) enter and inspect commercial premises in which a motor 
    vehicle or motor vehicle equipment is manufactured, held for 
    shipment or sale, maintained, or repaired;
        (B) enter and inspect noncommercial premises in which the 
    Secretary reasonably believes there is a motor vehicle or motor 
    vehicle equipment that is an object of a violation of this chapter;
        (C) inspect that motor vehicle or motor vehicle equipment; and
        (D) impound for not more than 72 hours for inspection a motor 
    vehicle or motor vehicle equipment that the Secretary reasonably 
    believes is an object of a violation of this chapter.

    (2) An inspection or impoundment under this subsection shall be 
conducted at a reasonable time, in a reasonable way, and with reasonable 
promptness. The written notice may consist of a warrant issued under 
section 32707 of this title.
    (c) Reasonable Compensation.--When the Secretary impounds for 
inspection a motor vehicle (except a vehicle subject to subchapter I of 
chapter 135 of this title) or motor vehicle equipment under subsection 
(b)(1)(D) of this section, the Secretary shall pay reasonable 
compensation to the owner of the vehicle or equipment if the inspection 
or impoundment results in denial of use, or reduction in value, of the 
vehicle or equipment.
    (d) Records and Information Requirements.--(1) To enable the 
Secretary to decide whether a dealer or distributor is complying with 
this chapter and regulations prescribed and orders issued under this 
chapter, the Secretary may require the dealer or distributor--
        (A) to keep records;
        (B) to provide information from those records if the Secretary 
    states the purpose for requiring the information and identifies the 
    information to the fullest extent practicable; and
        (C) to allow an officer or employee designated by the Secretary 
    to inspect relevant records of the dealer or distributor.

    (2) This subsection and subsection (e)(1)(B) of this section do not 
authorize the Secretary to require a dealer or distributor to provide 
information on a regular periodic basis.
    (e) Administrative Authority and Civil Actions To Enforce.--(1) In 
carrying out this chapter, the Secretary may--
        (A) inspect and copy records of any person at reasonable times;
        (B) order a person to file written reports or answers to 
    specific questions, including reports or answers under oath; and
        (C) conduct hearings, administer oaths, take testimony, and 
    require (by subpena or otherwise) the appearance and testimony of 
    witnesses and the production of records the Secretary considers 
    advisable.

    (2) A witness summoned under this subsection is entitled to the same 
fee and mileage the witness would have been paid in a court of the 
United States.
    (3) A civil action to enforce a subpena or order of the Secretary 
under this subsection may be brought in the United States district court 
for any judicial district in which the proceeding by the Secretary is 
conducted. The court may punish a failure to obey an order of the court 
to comply with the subpena or order of the Secretary as a contempt of 
court.
    (f) Prohibitions.--A person may not fail to keep records, refuse 
access to or copying of records, fail to make reports or provide 
information, fail to allow entry or inspection, or fail to permit 
impoundment, as required under this section.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1052; Pub. L. 103-
429, Sec. 6(35), Oct. 31, 1994, 108 Stat. 4380; Pub. L. 105-102, 
Sec. 2(19), Nov. 20, 1997, 111 Stat. 2205.)

                                          Historical and Revision Notes
                                                 Pub. L. 103-272
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
32706(a)..............................  15:1990d(a)(1).                  Oct. 2
0, 1972, Pub. L. 92-513, 86 Stat.
                                                                          947, 
Secs.  414(a)-(c), 416; added
                                                                          July 
14, 1976, Pub. L. 94-364, Sec.
                                                                          408(2
), 90 Stat. 985, 988.
32706(b)..............................  15:1990d(a)(2).
32706(c)..............................  15:1990d(a)(3).
32706(d)..............................  15:1990d(b).
32706(e)(1)...........................  15:1990d(c)(1)-(3).
32706(e)(2)...........................  15:1990d(c)(5).
32706(e)(3)...........................  15:1990d(c)(4).
32706(f)..............................  15:1990f.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``Subject to section 32707 of this 
title'' are added for clarity. The words ``appropriate'' and 
``consistent with the purposes of this subsection'' are omitted as 
surplus. The words ``The Secretary may give the Attorney General 
information'' are substituted for ``Information obtained . . . may be 
referred to the Attorney General for investigative consideration'' to 
eliminate unnecessary words.
    In subsection (b)(1), before clause (A), the words ``duly'' and 
``stating their purpose and'' are omitted as surplus. In clause (A), the 
words ``any factory, warehouse, establishment, or other'' are omitted as 
surplus.
    In subsection (b)(2), the words ``shall be commenced and completed'' 
are omitted as surplus. The words ``a warrant issued under section 32707 
of this title'' are substituted for ``an administrative inspection 
warrant'' for clarity.
    In subsection (c), the words ``the authority of'' and ``any item 
of'' are omitted as surplus.
    In subsection (d)(1), before clause (A), the words ``the Secretary 
may require'' are substituted for ``as the Secretary may reasonably 
require'' and ``as the Secretary finds necessary'' to eliminate 
unnecessary words. In clause (B), the words ``such officer or employee'' 
and ``reason or'' are omitted as surplus. In clause (C), the words 
``duly'' and ``upon request of such officer or employee'' are omitted as 
surplus.
    In subsection (d)(2), the words ``and subsection (e)(1)(B) of this 
section'' are added for clarity.
    In subsection (e)(1), before clause (A), the words ``In carrying out 
this chapter'' are substituted for ``For the purpose of carrying out the 
provisions of this subchapter'', ``In order to carry out the provisions 
of this subchapter'', ``relevant to any function of the Secretary under 
this subchapter'', and ``relating to any function of the Secretary under 
this subchapter'' for consistency. The words ``or, with the 
authorization of the Secretary, any officer or employee of the 
Department of Transportation'' and ``or his duly authorized agent'' are 
omitted as surplus because of 49:322(b). In clause (A), the words 
``inspect and copy'' are substituted for ``have access to, and for the 
purposes of examination the right to copy'' to eliminate unnecessary 
words. The word ``records'' is substituted for ``documentary evidence'' 
for consistency. The words ``having materials or information'' are 
omitted as surplus. In clause (B), the word ``order'' is substituted for 
``require, by general or special orders'' to eliminate unnecessary 
words. The words ``in such form as the Secretary may prescribe'' and 
``shall be filed with the Secretary within such reasonable period as the 
Secretary may prescribe'' are omitted as surplus because of 49:322(a). 
In clause (C), the words ``sit and act at such times and places'' are 
omitted as being included in ``conduct hearings''.
    In subsection (e)(3), the words ``A civil action to enforce a 
subpena or order of the Secretary under this subsection may be brought 
in the United States district court for the judicial district in which 
the proceeding by the Secretary was conducted'' are substituted for 
15:1990d(c)(4) (words before last comma) for consistency in the revised 
title and to eliminate unnecessary words.


                             Pub. L. 103-429

    This amends 49:32706(e)(3) to clarify the restatement of 
15:1990d(c)(4) by section 1 of the Act of July 5, 1994 (Public Law 103-
272, 108 Stat. 1053).


                             Pub. L. 105-102

    This amends 49:32706(c) to correct a cross-reference necessary 
because of the restatement of subtitle IV of title 49 by the ICC 
Termination Act (Public Law 104-88, 109 Stat. 803).


                               Amendments

    1997--Subsec. (c). Pub. L. 105-102 substituted ``subchapter I of 
chapter 135'' for ``subchapter II of chapter 105''.
    1994--Subsec. (e)(3). Pub. L. 103-429 substituted ``any judicial 
district in which the proceeding by the Secretary is conducted.'' for 
``the judicial district in which the proceeding by the Secretary was 
conducted.''


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-429 effective July 5, 1994, see section 9 
of Pub. L. 103-429, set out as a note under section 321 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 32707 of this title.
