
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: 49USC505]

 
                        TITLE 49--TRANSPORTATION
 
                SUBTITLE I--DEPARTMENT OF TRANSPORTATION
 
                      CHAPTER 5--SPECIAL AUTHORITY
 
                          SUBCHAPTER I--POWERS
 
Sec. 505. Arrangements and public records

    (a) The Secretary of Transportation may require a motor carrier, 
motor carrier of migrant workers, or motor private carrier to file a 
copy of each arrangement related to a matter under this chapter that it 
has with another person. The Secretary may disclose the existence or 
contents of an arrangement between a motor contract carrier and a 
shipper filed under this section only if the disclosure is consistent 
with the public interest and is made as part of the record in a formal 
proceeding.
    (b) Except as provided in subsection (a) of this section, all 
arrangements and statistics, tables, and figures contained in reports 
filed with the Secretary by a motor carrier under this chapter are 
public records. Such a public record, or a copy or extract of it, 
certified by the Secretary under seal is competent evidence in a 
proceeding of the Secretary, and, except as provided in section 504(f) 
of this title, in a judicial proceeding.

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2434.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
505...................................  49:1655(f)(2).                   Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          6(f)(
2), 80 Stat. 940.
505(a)................................  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)
                                         (less 1st, 2d sentences)'').     (rela
ted to ``Sec. 220(a) (less 1st,
                                                                          2d se
ntences)''); added Aug. 9, 1935,
                                                                          ch. 4
98, 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)
                                         (less 1st, 2d sentences)'').     (rela
ted to ``Sec. 220(a) (less 1st,
                                                                          2d se
ntences)''); added Aug. 3, 1956,
                                                                          ch. 9
05, 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 505                                       49 U.S. Code 
                        Section
-------------------------------------------------------------------------------
---------------------------------
(a)........................................  320(a) (less 1st, 2d sentences).  
                            10764
(b)........................................  16(13).                           
                            10303
                                             304(d) (related to administrative 
matters).                   10303
-------------------------------------------------------------------------------
---------------------------------

    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:
    In subsection (a), the text of 49:320(a) (proviso) is not included 
for motor carriers of migrant workers and motor private carriers because 
that provision, while included in the enumeration in 49:304(a)(3) and 
(3a), is not included in the specific enumeration of 
49:1655(f)(2)(B)(ii). The text of 40:304(a)(3) (last sentence 1st-7th 
words) and (3a) (last sentence 1st-5th words) is omitted as executed. 
The words ``also'' and ``with it'' are omitted as surplus. The words 
``contract, agreement, or'' are omitted as covered by ``arrangement''. 
The words ``carrier or'' are omitted as covered by ``person''. The words 
``related to a matter under this chapter'' are substituted for ``in 
relation to any traffic affected by the provisions of this chapter'' for 
clarity because of section 501 of the revised title.
    Subsection (b) does not apply to reports made to the Secretary by a 
rail carrier because 49:16(13) is not included in the specific 
enumeration of 49:1655(f)(2)(B)(ii). The subsection does not apply to 
motor carriers of migrant workers and motor private carriers because 
49:304(d) only applies to motor carriers and 49:304(a)(3) and (3a) do 
not apply 49:304(d) to motor carriers of migrant workers and motor 
private carriers. References to schedules, classifications, and tariffs 
are omitted as not applicable to this chapter. The words ``Except as 
provided in subsection (a) of this section'' are added for clarity. The 
words ``except as provided in section 504(f) of this title'' are added 
for clarity and consistency because of the restatement of the chapter.
