Attachment A - 49 U.S.C. 504

Page 89

§ 504

TITLE 49—TRANSPORTATION

§ 503. Service of notice and process on certain
motor carriers of migrant workers and on
motor private carriers
(a) Each motor carrier of migrant workers (except a motor contract carrier) and each motor
private carrier shall designate an agent by name
and post office address on whom service of notices in a proceeding before, and actions of, the
Secretary of Transportation may be made. The
designation shall be in writing and filed with
the Secretary. The carrier also shall file the designation with the authority of each State in
which it operates having jurisdiction to regulate
transportation by motor vehicle in intrastate
commerce on the highways of that State. The
designation may be changed at any time in the
same manner as originally made.
(b) A notice of the Secretary to a carrier under
this section is served personally or by mail on
that carrier or its designated agent. Service by
mail on the designated agent is made at the address filed for the agent. When notice is given by
mail, the date of mailing is considered to be the
time when the notice is served. If the carrier
does not have a designated agent, service may
be made by posting a copy of the notice in the
office of the secretary or clerk of the authority
having jurisdiction to regulate transportation
by motor vehicle in intrastate commerce on the
highways of the State in which the carrier
maintains headquarters and with the Secretary.
(c) Each of those carriers, including such a
carrier operating in the United States while providing transportation between places in a foreign country or between a place in one foreign
country and a place in another foreign country,
shall designate an agent in each State in which
it operates by name and post office address on
whom process issued by a court with subject
matter jurisdiction may be served in an action
brought against that carrier. The designation
shall be in writing and filed with the Secretary
and with the authority of each State in which
the carrier operates having jurisdiction to regulate transportation by motor vehicle in intrastate commerce on the highways of that State.
If a designation under this subsection is not
made, service may be made on any agent of the
carrier in that State. The designation may be
changed at any time in the same manner as
originally made.
(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2432.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

503 .............

49:304(a)(3) (last sentence) (related to
‘‘Sec. 321’’).

Feb. 4, 1887, ch. 104, 24 Stat.
379, § 204(a)(3) (last sentence) (related to ‘‘Sec.
221’’); added Aug. 9, 1935,
ch. 498, 49 Stat. 546.
Feb. 4, 1887, ch. 104, 24 Stat.
379, § 204(a)(3a) (last sentence) (related to ‘‘Sec.
221’’); added Aug. 3, 1956,
ch. 905, § 2, 70 Stat. 958.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(e)(6)(D)
(related
to
‘‘Sec. 221(a), (c)’’), 80 Stat.
940.

49:304(a)(3a) (last
sentence) (related
to ‘‘Sec. 321’’).
49:1655(e)(6)(D) (related to ‘‘Sec.
321(a), (c)’’).

The section is included because 49:1655(e)(6)(D) transferred to the Secretary of Transportation all functions,
powers, and duties of the Interstate Commerce Commission under 49:321(a) and (c) to the extent those sub-

sections relate to motor carriers of migrant workers
and motor private carriers. 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:
Section 503
(a), (b) .........
(c) ................

49 U.S. Code
321(a).
321(c).

Revised
Section
10329
10330

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 words ‘‘motor carriers’’ are omitted because 49:1655(e)(6)(D) applies 49:321(a) and (c) only
to motor carriers of migrant workers, other than motor
contract carriers, and to motor private carriers, and
49:1655(f)(2)(B)(ii) contains no reference to 49:321. The
text of 49:321(b) and (d) is not included 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(e)(6)(D).
In subsection (b), the text of 49:321(a) (less 1st–5th
sentences) is omitted as not applicable to this chapter.

§ 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

§ 505

TITLE 49—TRANSPORTATION

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, § 1(b), Jan. 12, 1983, 96 Stat. 2433;
Pub. L. 105–178, title IV, § 4006(b), June 9, 1998, 112
Stat. 401.)
HISTORICAL AND REVISION NOTES
Revised
Section
504 .............

Section 504

(b)(2) .........

(c) .............
(d) .............
(e) .............

Revised Section

49 U.S. Code
320(d) (1st sentence).
20(1) (1st sentence less manner and
form of reports), (6) (2d sentence, 2d
cl.).
320(a) (1st sentence).
20(5) (less 1st sentence), (6) (less 2d
sentence).
320(d) (3d and 4th sentences).
20(7)(b) (proviso).
320(d) (less 1st, 3d, and 4th sentences).
20(1) (1st sentence related to manner
and form of reports).
320(a) (2d sentence), (b).

11144
11145
11145
11144
11144
11144
11144
11145
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 13period 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.

§ 505. Arrangements and public records
Source (U.S. Code)

Source (Statutes at Large)

49:304(a)(3) (last sentence) (related to
‘‘Sec. 320(a) (1st,
2d sentences),
(b)–(g)’’).

Feb. 4, 1887, ch. 104, 24 Stat.
379, § 204(a)(3) (last sentence) (related to ‘‘Sec.
220(a) (1st, 2d sentences),
(b)–(g)’’); added Aug. 9,
1935, ch. 498, 49 Stat. 546.
Feb. 4, 1887, ch. 104, 24 Stat.
379, § 204(a)(3a) (last sentence) (related to ‘‘Sec.
220(a) (1st, 2d sentences),
(b)–(g)’’); added Aug. 3,
1956, ch. 905, § 2, 70 Stat.
958.
Oct. 15, 1966, Pub. L. 89–670,
§ 6(f)(2), 80 Stat. 940.
Feb. 4, 1887, ch. 104, 24 Stat.
379, § 220(f); added Sept. 18,
1940, ch. 722, § 24, 54 Stat.
926.

49:304(a)(3a) (last
sentence) (related
to ‘‘Sec. 320(a)
(1st, 2d sentences), (b)–(g)’’).
49:1655(f)(2).
504(f) ..........

Page 90

49:320(f).

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:
Section 504

49 U.S. Code

(a)(1), (3),
and (4).

20(8).

(a)(2) .........
(b)(1) .........

320(e).
(no source).
20(5) (1st sentence), (6) (2d sentence,
1st cl.), (7)(b) (proviso).

(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, § 1(b), Jan. 12, 1983, 96 Stat. 2434.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Revised Section

505 .............

49:1655(f)(2).

3501, 11141

505(a) .........

49:304(a)(3) (last sentence) (related to
‘‘Sec. 320(a) (less
1st, 2d sentences)’’).

11141
11144

Source (Statutes at Large)
Oct. 15, 1966, Pub. L. 89–670,
§ 6(f)(2), 80 Stat. 940.
Feb. 4, 1887, ch. 104, 24 Stat.
379, § 204(a)(3) (last sentence) (related to ‘‘Sec.
220(a) (less 1st, 2d sentences)’’); added Aug. 9,
1935, ch. 498, 49 Stat. 546.