49:5(8) (less last sentence), (10).

CHAPTER 117-ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES

HISTORICAL AND REVISION NOTES

1978 ACT

(a) The Interstate Commerce Commission may begin an investigation under this subtitle on its own initiative or on complaint. If the Commission finds that a carrier or broker is violating this subtitle, the Commission shall take appropriate action to compel compliance with this subtitle. The Commission may take that action only after giving the carrier or broker notice of the investigation and an opportunity for a proceeding.

(b) A person, including a governmental authority, may file with the Commission a complaint about a violation of this subtitle by a carrier providing, or broker for, transportation or service subject to the jurisdiction of the Commission under this subtitle. The complaint must state the facts that are the subject of the violation and, if it is against a water carrier, must be made under oath. The Commission may dismiss a complaint it determines does not state reasonable grounds for investigation and action. However, the Commission may not dismiss a complaint made against a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title because of the absence of direct damage to the complainant.

(c) A formal investigative proceeding begun by the Commission under subsection (a) of this section is dismissed automatically unless it is concluded by the Commission with administrative finality by the end of the 3d year after the date on which it was begun.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1449; Pub. L. 96-296, § 26(a), July 1, 1980, 94 Stat. 818.)

49:13(1) (1st sentence less words before semicolon, and last sentence), (2) (1st and 2d sentences).

49:304(c) (1st sentence words after 5th comma, 2d sentence). 49:904(e) (1st sentence words after 2d comma), 915(b). 49:1003(f) (1st sentence), 1006(a) (last sentence). 49:1011(d), (f).

11701(b).... 49:13(1) (1st

sentence words before semicolon), (2) (less 1st, 2d, and last sentences). 49:304(c) (less 1st sentence words after 5th comma and 2d sentence). 49:316(e) (less 2d sentence).

49:904(e) (less 1st sentence words after 2d comma). 49:907(a).

49:1003(f) (less 1st sentence), 1006(a) (less last sentence). 11701(c)..... 49:17(14)(a).

Feb. 4, 1887, ch. 104, § 5(8) (less last sentence), (10), 24 Stat. 380; Feb. 28, 1920, ch. 91, § 407, 41 Stat. 480; June 16, 1933, ch. 91, § 202, 48 Stat. 218; Aug. 9, 1935, ch. 498, § 1, 49 Stat. 543; restated Sept. 18, 1940, ch. 722, 87, 54 Stat. 908; Feb. 5. 1976, Pub. L. 94-210, § 403(a), (b)(4), (5), 90 Stat. 63, 65.

Feb. 4, 1887, ch. 104, § 13(1), (2) (less last sentence), 24 Stat. 383; restated June 18, 1910, ch. 309, § 11, 36 Stat. 550; Feb. 28, 1920, ch. 91, § 416, 41 Stat. 484; Aug. 9, 1935, ch. 498, § 1, 49 Stat. 543.

Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(c); added Aug. 9, 1935, ch. 498, § 1, 49 Stat. 547; Sept. 18, 1940, ch. 722, § 20(b)(3), 54 Stat. 922. Feb. 4, 1887, ch. 104, 24 Stat. 379, §§ 304(e), 315(b); added Sept. 18, 1940, ch. 722, 201, 54 Stat. 934, 946. Feb. 4, 1887, ch. 104, 24 Stat. 379. §§ 403(f), 406(a); added May 16, 1942, ch. 318, § 1, 56 Stat. 286, 288.

Feb. 4, 1887, ch. 104, 24 Stat. 379, § 411(d), (f); added May 16, 1942, ch. 318, § 1, 56 Stat. 294.

Feb. 4, 1887, ch. 104, 24 Stat. 379, 216(e) (less 2d sentence); added Aug. 9, 1935, ch. 498, 1, 49 Stat. 558.

Feb. 4, 1887, ch. 104, 24 Stat. 379, 307(a); added Sept. 18, 1940, ch. 722, § 201, 54 Stat. 937.

Feb. 4, 1887, ch. 104, 24 Stat. 379, § 17(14)(a); added Feb. 5, 1976, Pub. L. 94-210, § 303(b), 90 Stat. 50.

The section consolidates and restates the source provisions for clarity.

Subsection (a) is patterned after 49:1003(f) (1st sentence) and 1006(a) (last sentence) for clarity. The words "an investigation under this subtitle" are substituted for "investigate . . . whether any freight forwarder has failed to comply with any provision of this chapter or with any order, rule, regulation, or requirement issued or established pursuant thereto" as being more inclusive and appropriate in view of the power to "compel compliance" in 49:1003(f) and restated in this subsection. The words "after giving the carrier ... notice of the investigation and an opportunity for a proceeding" are substituted for "after notice and hearing" in 49:1003(f) and "If such freight forwarder shall not satisfy the complaint within a time specified by the Commission" in 49:1006(a) for clarity and to conform to other sections of the revised title. The words "it shall be the duty of the Commission to investigate the matters complained of in such manner and by such means as it shall deem proper" are omitted as un

necessary in view of section 10321(a) of the revised title requiring the Commission to carry out the revised subtitle. The words "or there shall be any reasonable ground for investigating said complaint" are omitted as surplus in view of subsection (b). The text of 49:5(8) (less last sentence), (10) and 1011(d), (f) are omitted as unnecessary in view of the restatement of the general investigatory and enforcement power of the Commission. The 2d sentence of 49:13(1) is omitted as surplus. In subsection (b), the word "person" is substituted for "person, firm, corporation, company, or association, or any mercantile, agricultural, or manufacturing society or other organization . . . or any common carrier" in view of the definition of "person" in section 10102 of the revised title. The words "governmental authority" are substituted for "State board" and "or any body politic or municipal organization" for consistency and as being more inclusive. The words "file

a complaint" are substituted for "may make complaint in writing" for consistency. The words "about a violation of this subtitle" are substituted for "of anything done or omitted to be done. . . in contravention of the provisions thereof" in 49:13(1) for clarity. The words "in violation of this section or of section 317 of this title" in 49:316(e) are omitted as surplus in view of the restatement of 49:304(c). The words "must state the facts" are substituted for "shall briefly state the facts" in 49:13(1) and for "state fully the facts" in 49:1006(a) for consistency and in view of the power of the Commission to prescribe regulations to carry out the revised subtitle in section 10321(a) of the revised title.

In subsection (c), the words "which is instituted by the Commission after February 5, 1976" are omitted as executed.

(a) The Interstate Commerce Commission may bring a civil action

(1) to enjoin a rail carrier from violating section 10901-10907 or 10933 of this title, or a regulation prescribed or certificate issued under any of those sections;

(2) to enforce section 10527 or 10930 or 11109 or 11111 or 11323 of this title, or subchapter III of chapter 113 of this title and to compel compliance with the order of the Commission under any of those sections and that subchapter;

(3) to enforce an order of the Commission, except a civil action to enforce an order for the payment of money, when it is violated by a carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title;

(4) to enforce this subtitle (except a civil action under a provision of this subtitle governing the reasonableness and discriminatory

character of rates), or a regulation or order of the Commission or a certificate or permit issued under this subtitle when violated by a motor carrier or broker providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title;

(5) to enforce this subtitle (except a civil action under a provision of this subtitle gov. erning the reasonableness and discriminatory character of rates), or a regulation or order of the Commission or a certificate or permit issued under this subtitle, except a civil action to enforce an order for the payment of money, when violated by a carrier providing transportation subject to the jurisdiction of the Commission under subchapter III of chapter 105 of this title; and

(6) to enforce this subtitle, or a regulation or order of the Commission or permit issued under this subtitle when violated by a carrier providing service subject to the jurisdiction of the Commission under subchapter IV of chapter 105 of this title.

(b) In a civil action under subsection (a)(4) of this section

(1) trial is in the judicial district in which the motor carrier or broker operates;

(2) process may be served without regard to the territorial limits of the district or of the State in which the action is instituted; and

(3) a person participating with a carrier or broker in a violation may be joined in the civil action without regard to the residence of the person.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1450; Pub. L. 96-296, §§ 15(c), 16(c), July 1, 1980, 94 Stat. 809, 810; Pub. L. 97-261, § 25(e), Sept. 20, 1982, 96 Stat. 1125.)

Feb. 4, 1887, ch. 104, 24 Stat. 379, 81(18)(e) (related to Commission action); added Feb. 5, 1976, Pub. L. 94-210, 801(a), 90 Stat. 126. Feb. 4, 1887, ch. 104, 24 Stat. 379, §la(9) (related to Commission action); added Feb. 5. 1976. Pub. L 94-210, 802, 90 Stat. 130. Feb. 4, 1887, ch. 104, 24 Stat. 379, 8410(1) (related to Commission action); added May 16, 1942, ch. 318, §1. 56 Stat. 293. Feb. 4, 1887, ch. 104, 24 Stat. 379, 5(9); added June 16, 1933, ch. 91, § 202, 48 Stat. 219; Aug. 9, 1935, ch. 498, § 1, 49 Stat. 543; restated Sept. 18, 1940, ch. 722, §7. 54 Stat. 908: Feb. 5, 1976, Pub. L. 94-210, § 403(a), 90 Stat. 63. Feb. 4, 1887, ch. 104, 24 Stat. 379, §411(e); added May 16, 1942, ch. 318, §1. 56 Stat. 294.

§ 11703. Enforcement by the Attorney General

HISTORICAL AND REVISION NOTES-Continued

Feb. 4, 1887, ch. 104, 24 Stat. 379, § 16(12) (related to action by the Commission); added June 18, 1910, ch. 309, § 13, 36 Stat. 535; Oct. 22, 1913, ch. 32, § 1, 38 Stat. 219; Feb. 28, 1920, ch. 91, § 429, 41 Stat. 492; Sept. 18, 1940, ch. 722, § 11(a)(6), 54 Stat. 912. Feb. 4, 1887, ch. 104, 24 Stat.

379, § 222(b)(1); added Aug. 9. 1935, ch. 498, § 1, 49 Stat. 564; restated Sept. 6, 1965, Pub. L. 89-170, § 4, 79 Stat. 649.

Feb. 4, 1887, ch. 104, 24 Stat.

379, § 316(b) (related to Commission action); added Sept. 18, 1940, ch. 722, §201, 54 Stat. 946. Feb. 4, 1887, ch. 104, 24 Stat. 379, 417(b) (related to Commission action); added May 16, 1942, ch. 318, § 1. 56 Stat. 297; Aug. 7, 1942, ch. 552, § 2, 56 Stat. 746; Sept. 6, 1965, Pub. L. 89-170, § 5, 79 Stat. 650.

In the section, the words "The district courts of the United States shall have jurisdiction" in 49:5(9) and similar words in the source provisions are omitted as unnecessary in view of sections 1336 and 1337 of title 28. The words "civil action" are added in view of rule 2 of the Federal Rules of Civil Procedure (28 U.S.C. app.).

In subsection (a), the word "lawful" in 49:322(b)(1) is omitted as surplus. The word "regulation" is substituted for "rule" and "regulation" when referring to the Commission for consistency. The word "order" is substituted for "order" and "requirement" as being more inclusive. The words "term" and "condition" are omitted as surplus.

In subsection (a)(2), the word "enforce" is substituted for "to issue such writs of injunction or other proper process, mandatory or otherwise, as may be necessary to restrain such person" in 49:5(9), "by writ of injunction or by other process, mandatory or otherwise" in 49:322(b)(1), 916(b), and 1017(b)(1), and "to issue such writs of injunction or other proper process, mandatory or otherwise" in 49:1011(e) in view of rule 81(b) of the Federal Rules of Civil Procedure (28 U.S.C.app.).

In subsection (a)(3), the last sentence of 49:16(12) is omitted as surplus in view of the Federal Rules of Civil Procedure (28 U.S.C. app.) and section 2321(c) of title 28.

In subsection (b), the word "trial" is added for clarity.

(a) The Attorney General may, and on request of the Interstate Commerce Commission shall, bring court proceedings to enforce this subtitle or a regulation or order of the Commission or certificate or permit issued under this subtitle and to prosecute a person violating this subtitle or a regulation or order of the Commission or certificate or permit issued under this subtitle.

(b) The United States Government may bring a civil action on behalf of a person to compel a common carrier providing transportation or service subject to the jurisdiction of the Commission under chapter 105 of this title to provide that transportation or service to that person in compliance with this subtitle at the same rate charged, or on conditions as favorable as those given by the carrier, for like traffic under similar conditions to another person. (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1450.)

49:20(9).

49:43.

49:916(a), (b)

(related to action of the Attorney General).

Feb. 4, 1887, ch. 104, 24 Stat.
379, § 1(18)(e) (related to
action by the Attorney
General); added Feb. 5.
1976, Pub. L. 94-210,
§ 801(a), 90 Stat. 126.
Feb. 4, 1887, ch. 104, 24 Stat.
379. §la(9) (related to
action by the Attorney
General); added Feb. 5,
1976, Pub. L. 94-210, § 802,
90 Stat. 130.

Feb. 4, 1887, ch. 104, 24 Stat. 379, § 12(1)(a) (last sentence less words before 1st semicolon and after last semicolon); added Mar. 2, 1889, ch. 382, § 3, 25 Stat. 858; restated Feb. 10, 1891, ch. 128, § 1, 26 Stat. 743; Feb. 28, 1920, ch. 91, § 415, 41 Stat. 484; Aug. 9, 1935, ch. 498, § 1, 49 Stat. 543; Feb. 5. 1976, Pub. L. 94-210. § 207, 90 Stat. 42. Feb. 4, 1887, ch. 104, 24 Stat. 379. 16(12) (related to action by the Attorney General); added June 18, 1910, ch. 309, § 13, 36 Stat. 554; Oct. 22, 1913, ch. 32, § 1, 38 Stat. 219; Feb. 28, 1920, ch. 91, § 429, 41 Stat. 492; Sept. 18, 1940, ch. 722, § 11(a)(6), 54 Stat. 912. Feb. 4, 1887, ch. 104, 24 Stat. 379, § 19a(); added Mar. 1, 1913, ch. 92, § 1, 37 Stat. 703; Feb. 28, 1920, ch. 91, § 433, 41 Stat. 493. Feb. 4, 1887, ch. 104, 24 Stat. 379, § 20(9); added June 29, 1906, ch. 3591, § 7, 34 Stat. 594; Feb. 28, 1920, ch. 91, § 436, 41 Stat. 496; Aug. 9, 1935, ch. 498, § 1, 49 Stat. 543.

Feb. 19, 1903, ch. 708, § 3, 32
Stat. 848; Mar. 3, 1911, ch.
231, § 291, 36 Stat. 1167;
June 25, 1948, ch. 646, § 1,
62 Stat. 909; Oct. 15, 1970,
Pub. L. 91-452, § 244, 84
Stat. 931; Dec. 21, 1974,
Pub. L. 93-528, § 6(b), 88
Stat. 1709.

Feb. 4, 1887, ch. 104, 24 Stat.
379, § 316(a), (b) (related to
action of the Attorney
General); added Sept. 18,
1940, ch. 722, § 201, 54 Stat.
946; Oct. 15, 1970, Pub. L.
91-452, § 243(b), 84 Stat.
931.

49:1010(i) (related to enforcement by United States).

49:1017(a), (b)(1) (related to action of the Attorney General).

49:1021 (less (a)-(f)).

11703(b).... 49:23.

Feb. 4, 1887, ch. 104, 24 Stat. 379, § 410(i) (related to enforcement by United States); added May 16. 1942, ch. 318, § 1. 56 Stat. 293.

Feb. 4, 1887, ch. 104, 24 Stat. 379, § 417(a), (b)(1) (related to action of the Attorney General); added May 16, 1942, ch. 318. § 1, 56 Stat. 297; Oct. 15, 1970, Pub. L. 91-452, § 243(c), 84 Stat. 931.

Feb. 4, 1887, ch. 104, 24 Stat. 379, § 421 (less (a)-(f)); added May 16, 1942, ch. 318, § 1, 56 Stat. 299. Feb. 4, 1887, ch. 104, § 23, 24 Stat. 379; Mar. 2, 1889, ch. 382, § 10, 25 Stat. 862; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; May 16, 1942, ch. 318, § 5, 56 Stat. 301.

In subsection (a), the words "Attorney General" are substituted for "United States attorney" to conform to title 28. See the Act of June 25, 1948, ch. 646, § 1, 62 Stat. 909. The section is made applicable to 49: ch. 8 since a violation of that chapter would give the Attorney General the duty to act under title 28, and in view of 49:20(9) and 43. In view of the restatement of the source provisions, conforming amendments are made to sections 2321 and 2323 of title 28 in section 2(a) of the bill. The 25 words before the last semicolon in 49:12(1)(a) (last sentence) are omitted as obsolete.

In subsection (b), the words "The district courts of the United States shall have jurisdiction" are omitted as surplus in view of sections 1336 and 1337 of title 28. The word "person" is substituted for "person or persons, firm, or corporation" in view of the definition of "person" in section 10102 of the revised title. The words "alleging such violation by a common carrier" are omitted as unnecessary in view of the restatement. The words "of any of the provisions of the act to which this is a supplement and all acts amendatory thereof" are omitted as surplus. The words "interstate traffic" are omitted in view of chapter 105 of this revised subtitle. The words "to compel" are substituted for "to issue a writ or writs of mandamus against . . . commanding . . . to move and transport the traffic" in view of the restatement and rule 81(b) of the Federal Rules of Civil Procedure (28 U.S.C. app.). The words "to furnish cars or other facilities for transportation" are omitted in view of the definition of "transportation" in section 10102 of the revised title. The first proviso is omitted as unnecessary in view of rule 65(c) of the Federal Rules of Civil Procedure (28 U.S.C. app.). The last proviso is omitted as unnecessary in view of the restatement.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 11126 of this title.

§ 11704. Action by a private person to enjoin abandonment of service

An interested person may bring a civil action to enjoin an abandonment of service in violation of section 10933 of this title or a certificate issued under that section.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1451.)

The words "by any court of competent jurisdiction" are omitted as unnecessary in view of sections 1336(a) and 1337 of title 28.

§ 11705. Rights and remedies of persons injured by certain carriers

(a) A person injured because a carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title does not obey an order of the Commission, except an order for the payment of money, may bring a civil action to enforce that order under this subsection.

(b)(1) A common carrier providing transportation or service subject to the jurisdiction of the Commission under chapter 105 of this title is liable to a person for amounts charged that exceed the applicable rate for transportation or service contained in a tariff filed under subchapter IV of chapter 107 of this title.

(2) A common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I or III of chapter 105 of this title is liable for damages sustained by a person as a result of an act or omission of that carrier in violation of this subtitle.

(3) A common carrier providing transportation or service subject to the jurisdiction of the Commission under subchapter II or IV of chapter 105 of this title is liable for damages resulting from the imposition of rates for transportation or service the Commission finds to be in violation of this subtitle.

(c)(1) A person may file a complaint with the Commission under section 11701(b) of this title or bring a civil action under subsection (b) (1) or (2) of this section to enforce liability against a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I or III of chapter 105 of this title. A person may begin a proceeding under section 10704 or 10705 of this title to enforce liability under subsection (b)(3) of this section by filing a complaint with the Commission under section 11701(b) of this title.

(2) When the Commission makes an award under subsection (b) of this section, the Commission shall order the carrier to pay the amount awarded by a specific date. The Commission may order a carrier providing transportation subject to the jurisdiction of the Com mission under subchapter I or III of chapter 105 of this title to pay damages only when the proceeding is on complaint. The person for whose benefit an order of the Commission requiring the payment of money is made may bring a civil action to enforce that order under this paragraph if the carrier does not pay the amount awarded by the date payment was or dered to be made.

(d)(1) When a person begins a civil action under subsection (b) of this section to enforce an order of the Commission requiring the payment of damages by a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I or III of chapter 105 of this title, the text of the order of the Commission must be included in the complaint. In addition to the district courts of the United States, a State court of general jurisdiction having jurisdiction of the parties has jurisdiction to enforce an order under this paragraph. The findings and order of the Commission are competent evidence of the facts stated in them. Trial in a civil action brought in a district court of the United States under this paragraph is in the judicial district (A) in which the plaintiff resides, (B) in which the principal operating office of the carrier is located, (C) if a rail carrier, through which the railroad line of that carrier runs, or (D) if a water carrier, in which a port of call on a route operated by that carrier is located. In a civil action under this paragraph, the plaintiff is liable for only those costs that accrue on an appeal taken by the plaintiff.

(2) All parties in whose favor the award was made may be joined as plaintiffs in a civil action brought in a district court of the United States under this subsection and all the carriers that are parties to the order awarding damages may be joined as defendants. Trial in the action is in the judicial district in which any one of the plaintiffs could bring the action against any one of the defendants. Process may be served on a defendant at its principal operating office when that defendant is not in the district in which the action is brought. A judgment ordering recovery may be made in favor of any of those plaintiffs against the defendant found to be liable to that plaintiff.

(3) The district court shall award a reasonable attorney's fee as a part of the damages for which a carrier is found liable under this subsection. The district court shall tax and collect that fee as a part of the costs of the action. (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1451.)

11705(a).... 49:16(12) (related to action by private person).

49:305(g) (less proviso).

49:916(b) (related to action by private person).

Source (Statutes at Large)

Feb. 4, 1887, ch. 104, 24 Stat. 379, 16(12) (related to action by private person); added June 18, 1910, ch. 309, 13, 36 Stat. 535; Oct. 22, 1913, ch. 32, § 1, 38 Stat. 219; Feb. 28, 1920, ch. 91, § 429, 41 Stat. 492; Sept. 18, 1940, ch. 722, § 11(a)(6), 54 Stat. 912.

Feb. 4, 1887, ch. 104, 24 Stat. 379, § 205(g) (less proviso); added Aug. 9, 1935, ch. 498, § 1, 49 Stat. 550; Sept. 18, 1940, ch. 722, § 20(c)(2), 54 Stat. 922.

Feb. 4, 1887, ch. 104, 24 Stat. to 379, 316(b) (related action by private person); added Sept. 18. 1940, ch. 722, 201, 54 Stat. 946.