Page:United States Statutes at Large Volume 109 Part 1.djvu/920

 109 STAT. 904 PUBLIC LAW 104-88 —DEC. 29, 1995 "(C) PROHIBITED FEES. —The charging or collection of any fee under this section that is not in accordance with the fee system established under subparagraph (B)(iv) of this paragraph shall be deemed to be a burden on interstate commerce. "(D) LIMITATION ON PARTICIPATION BY STATES.—Only a State which, as of January 1, 1991, charged or collected a fee for a vehicle identification stamp or number under part 1023 of title 49, Code of Federal Regulations, shall be eligible to participate as a registration State under this subsection or to receive any fee revenue under this subsection. "§ 14505. State tax "A State or political subdivision thereof may not collect or levy a tax, fee, head charge, or other charge on— "(1) a passenger traveling in interstate commerce by motor carrier; "(2) the transportation of a passenger traveling in interstate commerce by motor carrier; "(3) the sale of passenger transportation in interstate commerce by motor carrier; or "(4) the gross receipts derived from such transportation. "CHAPTER 147—ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES "Sec. "14701. General authority. "14702. Enforcement by the regulatory authority. "14703. Enforcement by the Attorney General. "14704. Rights and remedies of persons injured by carriers or brokers. " 14705. - Limitation on actions by and against carriers. "14706. Liability of carriers under receipits and bills of lading. "14707. Private enforcement of registration requirement. "14708. Dispute settlement program for household goods carriers. "14709. Tariff reconciliation rules for motor carriers of property. "§ 14701. General authority "(a) INVESTIGATIONS. — The Secretary or the Board, as applicable, may begin an investigation under this part on the Secretary's or the Board's own initiative or on complaint. If the Secretary or Board, as applicable, finds that a carrier or broker is violating this part, the Secretary or Board, as applicable, shall take appropriate action to compel compliance with this part. If the Secretary finds that a foreign motor carrier or foreign motor private carrier is violating chapter 139, the Secretary shall take appropriate action to compel compliance with that chapter. The Secretary or Board, as applicable, may take action under this subsection only after giving the carrier or broker notice of the investigation and an opportunity for a proceeding. "(b) COMPLAINTS. —^A person, including a governmental authority, may file with the Secretary or Board, as applicable, a complaint about a violation of this part by a carrier providing, or broker for, transportation or service subject to jurisdiction under this part or a foreign motor carrier or foreign motor private carrier providing transportation registered under section 13902 of this title. The complaint must state the facts that are the subject of the violation. The Secretary or Board, as applicable, may dismiss a complaint

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