2012 US Code
Title 49 - Transportation
Subtitle IV - INTERSTATE TRANSPORTATION (§§ 10101 - 16106)
Part B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS (§§ 13101 - 14916)
Chapter 147 - ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES (§§ 14701 - 14711)
Section 14711 - Enforcement by State attorneys general
Publication Title | United States Code, 2012 Edition, Title 49 - TRANSPORTATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 49 - TRANSPORTATION SUBTITLE IV - INTERSTATE TRANSPORTATION PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS CHAPTER 147 - ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES Sec. 14711 - Enforcement by State attorneys general |
Contains | section 14711 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 109-59, title IV, §4206(b)(1), Aug. 10, 2005, 119 Stat. 1755; amended Pub. L. 109-115, div. A, title I, §173(c), (d), Nov. 30, 2005, 119 Stat. 2426. |
Statutes at Large Reference | 119 Stat. 1755, 2426 |
Public Law References | Public Law 109-59, Public Law 109-115, Public Law 111-314 |
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(a)
(b)
(1)
(2)
(A) shall review the initiation of a civil action under this section by a State if—
(i) the carrier or broker that is the subject of the action is not registered with the Department of Transportation;
(ii) the license of the carrier or broker for failure to file proof of required bodily injury or cargo liability insurance is pending, or the license has been revoked for any other reason by the Department;
(iii) the carrier is not rated or has received a conditional or unsatisfactory safety rating by the Department; or
(iv) the carrier or broker has been licensed with the Department for less than 5 years; and
(B) may review if the carrier or broker fails to meet criteria developed by the Secretary that are consistent with this section.
(3)
(4) 60
(c)
(1) be heard on all matters arising in such civil action; and
(2) file petitions for appeal of a decision in such civil actions.
(d)
(1) convey a right to initiate or maintain a class action lawsuit in the enforcement of a Federal law or regulation; or
(2) prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence.
(e)
(1) the venue shall be a Federal judicial district in which—
(A) the carrier, foreign motor carrier, or broker operates;
(B) the carrier, foreign motor carrier, or broker was authorized to provide transportation at the time the complaint arose; or
(C) where the defendant in the civil action is found;
(2) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and
(3) a person who participated with a carrier or broker in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person.
(f)
(Added Pub. L. 109–59, title IV, §4206(b)(1), Aug. 10, 2005, 119 Stat. 1755; amended Pub. L. 109–115, div. A, title I, §173(c), (d), Nov. 30, 2005, 119 Stat. 2426.)
Amendments2005—Subsec. (b)(1). Pub. L. 109–115, §173(c), (e), temporarily inserted at end “The State may initiate a civil action under subsection (a) if it is reviewable under subsection (b)(2).” See Termination Date of 2005 Amendment note below.
Subsec. (b)(4). Pub. L. 109–115, §173(d), (e), temporarily inserted “that is subject to review under subsection (b)(2)” before “if the Secretary”. See Termination Date of 2005 Amendment note below.
Termination Date of 2005 AmendmentAmendment by Pub. L. 109–115 to cease to be in effect after Sept. 30, 2006, see section 173(e) of Pub. L. 109–115, set out as a note under section 14710 of this title.
Deemed References to Chapters 509 and 511 of Title 51General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.
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