
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: 49USC507]

 
                        TITLE 49--TRANSPORTATION
 
                SUBTITLE I--DEPARTMENT OF TRANSPORTATION
 
                      CHAPTER 5--SPECIAL AUTHORITY
 
                          SUBCHAPTER I--POWERS
 
Sec. 507. Enforcement

    (a) The Secretary of Transportation may bring a civil action to 
enforce--
        (1) an order of the Secretary under this chapter when violated 
    by a rail carrier; and
        (2) this chapter or a regulation or order of the Secretary under 
    this chapter when violated by a motor carrier, motor carrier of 
    migrant workers, motor private carrier, or freight forwarder.

    (b) The Attorney General may, and on request of the Secretary shall, 
bring court proceedings to enforce this chapter or a regulation or order 
of the Secretary under this chapter and to prosecute a person violating 
this chapter or a regulation or order of the Secretary.
    (c) The Attorney General, at the request of the Secretary, may bring 
an action in an appropriate district court of the United States for 
equitable relief to redress a violation by any person of a provision of 
subchapter III of chapter 311 (except sections 31138 and 31139) or 
section 31502 of this title, or an order or regulation issued under any 
of those provisions. Such district court shall have jurisdiction to 
determine any such action and may grant such relief as is necessary or 
appropriate, including mandatory or prohibitive injunctive relief, 
interim equitable relief, and punitive damages.
    (d) A person injured because a rail carrier or freight forwarder 
does not obey an order of the Secretary under this chapter may bring a 
civil action to enforce that order under this subsection.
    (e) In a civil action brought under subsection (a)(2) of this 
section against a motor carrier, motor carrier of migrant workers, or 
motor private carrier--
        (1) trial is in the judicial district in which the carrier 
    operates;
        (2) process may be served without regard to the territorial 
    limits of the district or of the State in which the action is 
    brought; and
        (3) a person participating with the carrier in a violation may 
    be joined in the civil action without regard to the residence of the 
    person.

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2435; Pub. L. 98-554, title II, 
Sec. 213(a), Oct. 30, 1984, 98 Stat. 2841; Pub. L. 103-272, 
Sec. 5(m)(10), July 5, 1994, 108 Stat. 1376.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
507...................................  49:1655(f)(2).                   Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          6(f)(
2), 80 Stat. 940.
507(a), (d)...........................  49:304(a)(3) (last sentence)     Feb. 4
, 1887, ch. 104, 24 Stat. 379,
                                         (related to ``Sec. 322(b)'').    Sec. 
 204(a)(3) (last sentence)
                                                                          (rela
ted to ``Sec. 222(b)''); 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. 322(b)'').    Sec. 
 204(a)(3a) (last sentence)
                                                                          (rela
ted to ``Sec. 222(b)''); added
                                                                          Aug. 
3, 1956, 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 507                                       49 U.S. Code 
                        Section
-------------------------------------------------------------------------------
---------------------------------
(a)........................................  16(12) (related to Commission acti
on).                        11702
                                             322(b)(1) (less 1st sentence last 
18 words, 2d                11702
                                              sentence, last sentence).
                                             1017(b)(1) (related to Commission 
action).                    11702
(b)........................................  12(1)(a) (last sentence less words
 before 1st                 11703
                                              semicolon and after last semicolo
n).
                                             16(12) (related to action by the A
ttorney General).           11703
                                             20(9).                            
                            11703
(c)........................................  16(12) (related to action by priva
te person).                 11705
                                             1017(b)(1) (related to action by t
he Attorney                 11703
                                              General).
(d)........................................  322(b)(1) (1st sentence last 18 wo
rds, 2d sentence,           11702
                                              last sentence).
                                             1017(b)(1) (related to action by p
rivate person).             11705
-------------------------------------------------------------------------------
---------------------------------

    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 the section, the text of 49:322(b)(2) and (3) 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 subsections (a) and (d), 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 (a), the words ``or of any term or condition of any 
certificate or permit'' are omitted as not applicable to this chapter.
    In subsection (a)(1), reference to a civil action to enforce an 
order for the payment of money is omitted as not applicable to this 
chapter.


                               Amendments

    1994--Subsec. (c). Pub. L. 103-272 substituted ``subchapter III of 
chapter 311 (except sections 31138 and 31139) or section 31502 of this 
title'' for ``section 3102 of this title or the Motor Carrier Safety Act 
of 1984'' and ``any of those provisions'' for ``such section or Act''.
    1984--Subsecs. (c) to (e). Pub. L. 98-554 added subsec. (c) and 
redesignated former subsecs. (c) and (d) as (d) and (e), respectively.


                         DOT Implementation Plan

    Pub. L. 105-178, title IV, Sec. 4026, June 9, 1998, 112 Stat. 416, 
provided that:
    ``(a) Assessment.--Not later than 18 months after the date of 
enactment of this section [June 9, 1998], the Secretary [of 
Transportation] shall assess the scope of the problem of shippers, 
freight forwarders, brokers, consignees, or other persons (other than 
rail carriers, motor carriers, motor carriers of migrant workers, or 
motor private carriers) encouraging violations of chapter 5 of title 49, 
United States Code, or a regulation or order issued by the Secretary 
under such chapter.
    ``(b) Submission of Implementation Plan.--After completion of the 
assessment under subsection (a), the Secretary may submit to the 
Congress a plan for implementing authority (if subsequently provided by 
law) to investigate and bring civil actions to enforce chapter 5 of 
title 49, United States Code, or regulations or orders issued by the 
Secretary under such chapter with respect to persons described in 
subsection (a).
    ``(c) Contents of Implementation Plan.--In developing the 
implementation plan under subsection (b), the Secretary shall consider, 
as appropriate--
        ``(1) in what circumstances the Secretary would exercise the new 
    authority;
        ``(2) how the Secretary would determine that shippers, freight 
    forwarders, brokers, consignees, or other persons committed 
    violations described in subsection (a), including what types of 
    evidence would be conclusive;
        ``(3) what procedures would be necessary during investigations 
    to ensure the confidentiality of shipper contract terms prior to the 
    Secretary's findings of violations;
        ``(4) what impact the exercise of the new authority would have 
    on the Secretary's resources, including whether additional 
    investigative or legal resources would be necessary and whether the 
    staff would need specialized education or training to exercise 
    properly such authority;
        ``(5) to what extent the Secretary would conduct educational 
    activities for persons who would be subject to the new authority; 
    and
        ``(6) any other information that would assist the Congress in 
    determining whether to provide the Secretary the new authority.''
