
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: 49USC504]

 
                        TITLE 49--TRANSPORTATION
 
                SUBTITLE I--DEPARTMENT OF TRANSPORTATION
 
                      CHAPTER 5--SPECIAL AUTHORITY
 
                          SUBCHAPTER I--POWERS
 
Sec. 504. Reports and records

    (a) In this section--
        (1) ``association'' means an organization maintained by or in 
    the interest of a group of rail carriers, motor carriers, motor 
    carriers of migrant workers, or motor private carriers that performs 
    a service, or engages in activities, related to transportation of 
    that carrier.
        (2) ``carrier'' means a motor carrier, motor carrier of migrant 
    workers, motor private carrier, and rail carrier.
        (3) ``lessor'' means a person owning a railroad that is leased 
    to and operated by a rail carrier, and a person leasing a right to 
    operate as a motor carrier, motor carrier of migrant workers, or 
    motor private carrier to another.
        (4) ``lessor'' and ``carrier'' include a receiver or trustee of 
    that lessor or carrier, respectively.

    (b)(1) The Secretary of Transportation may prescribe the form of 
records required to be prepared or compiled under this section by--
        (A) carriers and lessors; and
        (B) a person furnishing cars or protective service against heat 
    or cold to or for a rail carrier.

    (2) The Secretary may require--
        (A) carriers, lessors, associations, or classes of them as the 
    Secretary may prescribe, to file annual, periodic, and special 
    reports with the Secretary containing answers to questions asked by 
    the Secretary; and
        (B) a person furnishing cars or protective service against heat 
    or cold to a rail carrier to file reports with the Secretary 
    containing answers to questions about those cars or service.

    (c) The Secretary, or an employee (and, in the case of a motor 
carrier, a contractor) designated by the Secretary, may on demand and 
display of proper credentials--
        (1) inspect the equipment of a carrier or lessor; and
        (2) inspect and copy any record of--
            (A) a carrier, lessor, or association;
            (B) a person controlling, controlled by, or under common 
        control with a carrier, if the Secretary considers inspection 
        relevant to that person's relation to, or transaction with, that 
        carrier; and
            (C) a person furnishing cars or protective service against 
        heat or cold to or for a rail carrier if the Secretary 
        prescribed the form of that record.

    (d) The Secretary may prescribe the time period during which records 
must be preserved by a carrier, lessor, and person furnishing cars or 
protective service.
    (e)(1) An annual report shall contain an account, in as much detail 
as the Secretary may require, of the affairs of a carrier, lessor, or 
association for the 12-month period ending on the 31st day of December 
of each year. The annual report shall be filed with the Secretary by the 
end of the 3d month after the end of the year for which the report is 
made unless the Secretary extends the filing date or changes the period 
covered by the report.
    (2) The annual report and, if the Secretary requires, any other 
report made under this section shall be made under oath.
    (f) No part of a report of an accident occurring in operations of a 
motor carrier, motor carrier of migrant workers, or motor private 
carrier and required by the Secretary, and no part of a report of an 
investigation of the accident made by the Secretary, may be admitted 
into evidence or used in a civil action for damages related to a matter 
mentioned in the report or investigation.

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2433; Pub. L. 105-178, title 
IV, Sec. 4006(b), June 9, 1998, 112 Stat. 401.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
504...................................  49:304(a)(3) (last sentence)     Feb. 4
, 1887, ch. 104, 24 Stat. 379,
                                         (related to ``Sec. 320(a)        Sec. 
 204(a)(3) (last sentence)
                                         (1st, 2d sentences), (b)-        (rela
ted to ``Sec. 220(a) (1st, 2d
                                         (g)'').                          sente
nces), (b)-(g)''); added Aug. 9,
                                                                          1935,
 ch. 498, 49 Stat. 546.
                                        49:304(a)(3a) (last sentence)    Feb. 4
, 1887, ch. 104, 24 Stat. 379,
                                         (related to ``Sec. 320(a)        Sec. 
 204(a)(3a) (last sentence)
                                         (1st, 2d sentences), (b)-        (rela
ted to ``Sec. 220(a) (1st, 2d
                                         (g)'').                          sente
nces), (b)-(g)''); added Aug. 3,
                                                                          1956,
 ch. 905, Sec.  2, 70 Stat. 958.
                                        49:1655(f)(2).                   Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          6(f)(
2), 80 Stat. 940.
504(f)................................  49:320(f).                       Feb. 4
, 1887, ch. 104, 24 Stat. 379,
                                                                          Sec. 
 220(f); added Sept. 18, 1940,
                                                                          ch. 7
22, Sec.  24, 54 Stat. 926.
-------------------------------------------------------------------------------
---------------------------------

    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 504                                      49 U.S. Code   
                       Section
-------------------------------------------------------------------------------
---------------------------------
(a)(1), (3), and (4).....................  20(8).                              
                      3501, 11141
                                           320(e).                             
                            11141
(a)(2)...................................  (no source).
(b)(1)...................................  20(5) (1st sentence), (6) (2d senten
ce, 1st cl.),               11144
                                            (7)(b) (proviso).
                                           320(d) (1st sentence).              
                            11144
(b)(2)...................................  20(1) (1st sentence less manner and 
form of reports),           11145
                                            (6) (2d sentence, 2d cl.).
                                           320(a) (1st sentence).              
                            11145
(c)......................................  20(5) (less 1st sentence), (6) (less
 2d sentence).              11144
                                           320(d) (3d and 4th sentences).      
                            11144
(d)......................................  20(7)(b) (proviso).                 
                            11144
                                           320(d) (less 1st, 3d, and 4th senten
ces).                       11144
(e)......................................  20(1) (1st sentence related to manne
r and form of               11145
                                            reports).
                                           320(a) (2d sentence), (b).          
                            11145
-------------------------------------------------------------------------------
---------------------------------

    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 provisions of 49:320(c) are 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 the section, the text of 49:304(a)(3) (last sentence 1st-7th 
words) and (3a) (last sentence 1st-5th words) is omitted as executed. 
The text of 49:320(b) (related to 13-period accounting year) and (g) is 
not included because it was enacted after the effective date of the 
transfer authority under 49:1655.
    In subsection (a), references to ``water line'' and ``pipe line'' 
are omitted as not applicable to this chapter. Clause (2) is added to 
provide a simple phrase to refer to all types of carriers to which the 
section applies.
    In subsection (f), the words ``the course of the'' are omitted as 
surplus. The words ``civil action'' are substituted for ``suit or 
action'' because of rule 2 of the Federal Rules of Civil Procedure (28 
App. U.S.C.).


                               Amendments

    1998--Subsec. (c). Pub. L. 105-178 inserted ``(and, in the case of a 
motor carrier, a contractor)'' after ``employee'' in introductory 
provisions.

                  Section Referred to in Other Sections

    This section is referred to in sections 505, 521, 522, 523, 14303 of 
this title.
