
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC502]

 
                        TITLE 49--TRANSPORTATION
 
                SUBTITLE I--DEPARTMENT OF TRANSPORTATION
 
                      CHAPTER 5--SPECIAL AUTHORITY
 
                          SUBCHAPTER I--POWERS
 
Sec. 502. General authority

    (a) The Secretary of Transportation shall carry out this chapter.
    (b) The Secretary may--
        (1) inquire into and report on the management of the business of 
    rail carriers and motor carriers;
        (2) inquire into and report on the management of the business of 
    a person controlling, controlled by, or under common control with 
    those carriers to the extent that the business of the person is 
    related to the management of the business of that carrier; and
        (3) obtain from those carriers and persons information the 
    Secretary determines to be necessary.

    (c) In carrying out this chapter as it applies to motor carriers, 
motor carriers of migrant workers, and motor private carriers, the 
Secretary may--
        (1) confer and hold joint hearings with State authorities;
        (2) cooperate with and use the services, records, and facilities 
    of State authorities; and
        (3) make cooperative agreements with a State to enforce the 
    safety laws and regulations of a State and the United States related 
    to highway transportation.

    (d) The Secretary may subpena witnesses and records related to a 
proceeding or investigation under this chapter from a place in the 
United States to the designated place of the proceeding or 
investigation. If a witness disobeys a subpena, the Secretary, or a 
party to a proceeding or investigation before the Secretary, may 
petition the district court for the judicial district in which the 
proceeding or investigation is conducted to enforce the subpena. The 
court may punish a refusal to obey an order of the court to comply with 
a subpena as a contempt of court.
    (e)(1) In a proceeding or investigation, the Secretary may take 
testimony of a witness by deposition and may order the witness to 
produce records. A party to a proceeding or investigation pending before 
the Secretary may take the testimony of a witness by deposition and may 
require the witness to produce records at any time after a proceeding or 
investigation is at issue on petition and answer. If a witness fails to 
be deposed or to produce records under this subsection, the Secretary 
may subpena the witness to take a deposition, produce the records, or 
both.
    (2) A deposition may be taken before a judge of a court of the 
United States, a United States magistrate judge, a clerk of a district 
court, or a chancellor, justice, or judge of a supreme or superior 
court, mayor or chief magistrate of a city, judge of a county court, or 
court of common pleas of any State, or a notary public who is not 
counsel or attorney of a party or interested in the proceeding or 
investigation.
    (3) Before taking a deposition, reasonable notice must be given in 
writing by the party or the attorney of that party proposing to take a 
deposition to the opposing party or the attorney of record of that 
party, whoever is nearest. The notice shall state the name of the 
witness and the time and place of taking the deposition.
    (4) The testimony of a person deposed under this subsection shall be 
taken under oath. The person taking the deposition shall prepare, or 
cause to be prepared, a transcript of the testimony taken. The 
transcript shall be subscribed by the deponent.
    (5) The testimony of a witness who is in a foreign country may be 
taken by deposition before an officer or person designated by the 
Secretary or agreed on by the parties by written stipulation filed with 
the Secretary. The deposition shall be filed with the Secretary 
promptly.
    (f) Each witness summoned before the Secretary or whose deposition 
is taken under this section and the individual taking the deposition are 
entitled to the same fees and mileage paid for those services in the 
courts of the United States.

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2431; Pub. L. 103-272, 
Sec. 4(j)(12), July 5, 1994, 108 Stat. 1368.)

                                          Historical and Revision Notes
                                                 Pub. L. 97-449
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
502...................................  49:1655(f)(2).                   Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          6(f)(
2), 80 Stat. 940.
502(c)-(f)............................  49:304(a)(3) (last sentence)     Feb. 4
, 1887, ch. 104, 24 Stat. 379,
                                         (related to ``Sec. 305'').       Sec. 
 204(a)(3) (last sentence)
                                                                          (rela
ted to ``Sec. 205''); added Aug.
                                                                          9, 19
35, ch. 498, 49 Stat. 546.
                                        49:304(a)(3a) (last sentence)    Feb. 4
, 1887, ch. 104, 24 Stat. 379,
                                         (related to ``Sec. 305'').       Sec. 
 204(a)(3a) (last sentence)
                                                                          (rela
ted to ``Sec. 205''); added Aug.
                                                                          3, 19
56, ch. 905, Sec.  2, 70 Stat.
                                                                          958.
-------------------------------------------------------------------------------
---------------------------------

    The section is included because 49:1655(f)(2) gave the same 
administrative powers exercised by the Interstate Commerce Commission 
under certain sections of title 49 to the Secretary of Transportation to 
carry out duties transferred to the Secretary by 49:1655(e). See the 
revision notes for section 501 of the revised title for an explanation 
of the transfer under 49:1655(f)(2). The powers of the Commission have 
been codified in subtitle IV of the revised title. The comparable 
provisions of title 49 that are represented by the section may be found 
as follows:

-------------------------------------------------------------------------------
---------------------------------
                                                                               
                        Revised
                Section 502                                       49 U.S. Code 
                        Section
-------------------------------------------------------------------------------
---------------------------------
(a), (b)...................................  12(1)(a) (1st sentence, 2d sentenc
e, and last sentence        10321
                                              words before 1st semicolon).
                                             304(a) (matter before (1)), (6), (
7) (less words after        10321
                                              semicolon).
(c)........................................  305(f).                           
                            11502
(d)........................................  12(1)(a) (last sentence words afte
r last semicolon),          10321
                                              (2), (3).
                                             305(d) (related to Commission subp
ena power).                 10321
(e)(1)-(3).................................  12(4).                            
                            10321
                                             305(d) (related to depositions tak
en by Commission).          10321
(e)(4) and (5).............................  12(5), (6).                       
                            10321
                                             305(d) (related to depositions tak
en by Commission).          10321
(f)........................................  12(7).                            
                            10321
                                             18(1) (last sentence).            
                            10321
                                             305(d) (related to depositions tak
en by Commission).          10321
-------------------------------------------------------------------------------
---------------------------------

    See the revision notes for the revised sections for an explanation 
of changes made in the text. Changes not accounted for in those revision 
notes are as follows:
    The text of 49:305(a)-(c), (e), and (g)-(j) is not included for 
motor carriers of migrant workers and motor private carriers because 
those provisions, while included in the enumeration in 49:304(a)(3) and 
(3a), are not included in the specific enumeration of 
49:1655(f)(2)(B)(ii).
    In subsection (b), the text of 49:12(1)(a) (2d sentence words after 
semicolon) is omitted as unnecessary because the Secretary of 
Transportation already has authority under chapter 3 of the revised 
title to make recommendations to Congress.
    In subsections (c)-(f), the text of 49:304(a)(3) (last sentence 1st-
7th words) and (3a) (last sentence 1st-5th words) is omitted as 
executed.
    In subsection (c), the words ``economic and'' are omitted as not 
being transferred to the Secretary. The text of 49:305(f) (last 
sentence) is omitted as not applicable to this chapter.
    In subsection (d), the reference to joint boards in 49:305(d) is 
omitted as not applicable to this chapter because 49:305(a) 
(establishing joint boards) is not included in the specific enumeration 
of 49:1655(f)(2)(B)(ii).


                             Pub. L. 103-272

    Section 4(j)(12) amends 49:502(e)(2) and 10321(d)(3) to reflect the 
change in the name of United States magistrates to United States 
magistrate judges made by section 321 of the Judicial Improvements Act 
of 1990 (Public Law 101-650, 104 Stat. 5117).


                               Amendments

    1994--Subsec. (e)(2). Pub. L. 103-272 inserted ``judge'' after 
``United States magistrate''.
