Page:United States Statutes at Large Volume 96 Part 2.djvu/1073

 PUBLIC LAW 97-449—JAN. 12, 1983

96 STAT. 2435

may have the reports published for public use. A published report of the Secretary is competent evidence of its contents. § 507. Enforcement 49 USC 507 (a) The Secretary of Transportation may bring a civil action to Civil action. 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) 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. (d) 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. SUBCHAPTER II—PENALTIES § 521. Civil penalties 49 USC 521 (a)(1) A person required under section 504 of this title to make, prepare, preserve, or submit to the Secretary of Transportation a record about rail carrier transportation, that does not make, prepare, preserve, or submit that record as required under that section, is liable to the United States Government for a civil penalty of $500 for each violation. (2) A rail carrier, and a lessor, receiver, or trustee of that carrier, violating section 504(c)(l) of this title, is liable to the Government for a civil penalty of $100 for each violation. (3) A rail carrier, a lessor, receiver, or trustee of that carrier, a person furnishing cars or protective service against heat or cold, and an officer, agent, or employee of one of them, required to make a report to the Secretary or answer a question, that does not make a report to the Secretary or does not specifically, completely, and truthfully answer the question, is liable to the Government for a civil penalty of $100 for each violation. (4) A separate violation occurs for each day a violation under this subsection continues. (5) Trial in a civil action under this subsection is in the judicial district in which the rail carrier has its principal operating office or in a district through which the railroad of the rail carrier runs.

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