---
kind: "range"
citation: "49 U.S.C. §§ 501–504"
title: "49"
from: "501"
to: "504"
count: 4
release: "119-102"
url: "https://uscodex.org/usc/49/501..504"
---

# §501. Definitions and application

- (a) In this chapter—
  - (1) the definitions in sections [10102](/usc/49/10102.md) and [13102](/usc/49/13102.md) of this title apply.
  - (2) “migrant worker” has the same meaning given that term in [section 31501 of this title](/usc/49/31501.md).
  - (3) “motor carrier of migrant workers” means a motor carrier of migrant workers subject to the jurisdiction of the Secretary of [Transportation](/usc/49/13907.md?p=e-2) under [section 31502(c) of this title](/usc/49/31502.md?p=c).
- (b) **Application.—** This chapter only applies in carrying out sections [20302(a)(1)(B)](/usc/49/20302.md?p=a-1-B) and [(C)](/usc/49/20302.md?p=a-1-C), [(2)](/usc/49/20302.md?p=a-2), and [(3)](/usc/49/20302.md?p=a-3), [(c)](/usc/49/20302.md), and [(d)(1)](/usc/49/20302.md) and [20303](/usc/49/20303.md) and [chapters 205](/usc/49/chstV-ptA-ch205.md) (except [section 20504(b)](/usc/49/20504.md?p=b)), 211, 213 (in carrying out those sections and chapters), and 315 of this title.

# §502. General authority

- (a) The Secretary of [Transportation](/usc/49/13907.md?p=e-2) shall carry out this chapter.
- (b) The Secretary may—
  - (1) inquire into and report on the management of the business of [rail carriers](/usc/49/24901.md?p=2) and motor carriers;
  - (2) inquire into and report on the management of the business of a person controlling, controlled by, or under common control with those carriers to the extent that the business of the person is related to the management of the business of that carrier; and
  - (3) obtain from those carriers and persons information the Secretary determines to be necessary.
- (c) In carrying out this chapter as it applies to motor carriers, motor carriers of migrant workers, and motor private carriers, the Secretary may—
  - (1) confer and hold joint hearings with [State](/usc/49/31132.md?p=8) authorities;
  - (2) cooperate with and use the services, records, and facilities of [State](/usc/49/31132.md?p=8) authorities; and
  - (3) make cooperative agreements with a [State](/usc/49/31132.md?p=8) to enforce the safety laws and regulations of a [State](/usc/49/31132.md?p=8) and the United States related to highway [transportation](/usc/49/13907.md?p=e-2).
- (d) The Secretary may subpena witnesses and records related to a proceeding or investigation under this chapter from a place in the United States to the designated place of the proceeding or investigation. If a witness disobeys a subpena, the Secretary, or a party to a proceeding or investigation before the Secretary, may petition the district court for the judicial district in which the proceeding or investigation is conducted to enforce the subpena. The court may punish a refusal to obey an order of the court to comply with a subpena as a contempt of court.
- (e)
  - (1) In a proceeding or investigation, the Secretary may take testimony of a witness by deposition and may order the witness to produce records. A party to a proceeding or investigation pending before the Secretary may take the testimony of a witness by deposition and may require the witness to produce records at any time after a proceeding or investigation is at issue on petition and answer. If a witness fails to be deposed or to produce records under this subsection, the Secretary may subpena the witness to take a deposition, produce the records, or both.
  - (2) A deposition may be taken before a judge of a court of the United States, a United States magistrate judge, a clerk of a district court, or a chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any [State](/usc/49/31132.md?p=8), or a notary public who is not counsel or attorney of a party or interested in the proceeding or investigation.
  - (3) Before taking a deposition, reasonable notice must be given in writing by the party or the attorney of that party proposing to take a deposition to the opposing party or the attorney of record of that party, whoever is nearest. The notice shall [state](/usc/49/31132.md?p=8) the name of the witness and the time and place of taking the deposition.
  - (4) The testimony of a person deposed under this subsection shall be taken under oath. The person taking the deposition shall prepare, or cause to be prepared, a transcript of the testimony taken. The transcript shall be subscribed by the deponent.
  - (5) The testimony of a witness who is in a foreign country may be taken by deposition before an officer or person designated by the Secretary or agreed on by the parties by written stipulation filed with the Secretary. The deposition shall be filed with the Secretary promptly.
- (f) Each witness summoned before the Secretary or whose deposition is taken under this section and the individual taking the deposition are entitled to the same fees and mileage paid for those services in the courts of the United States.

# §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](/usc/49/501.md?p=a-3) (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](/usc/49/13907.md?p=e-2) 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](/usc/49/31132.md?p=8) in which it operates having jurisdiction to regulate [transportation](/usc/49/13907.md?p=e-2) by motor vehicle in intrastate commerce on the highways of that [State](/usc/49/31132.md?p=8). 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](/usc/49/13907.md?p=e-2) by motor vehicle in intrastate commerce on the highways of the [State](/usc/49/31132.md?p=8) 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](/usc/49/13907.md?p=e-2) 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](/usc/49/31132.md?p=8) 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](/usc/49/31132.md?p=8) in which the carrier operates having jurisdiction to regulate [transportation](/usc/49/13907.md?p=e-2) by motor vehicle in intrastate commerce on the highways of that [State](/usc/49/31132.md?p=8). If a designation under this subsection is not made, service may be made on any agent of the carrier in that [State](/usc/49/31132.md?p=8). The designation may be changed at any time in the same manner as originally made.

# §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](/usc/49/24901.md?p=2), motor [carriers](#a-2), motor [carriers](#a-2) of migrant workers, or motor private [carriers](#a-2) that performs a service, or engages in activities, related to [transportation](/usc/49/13907.md?p=e-2) of that [carrier](#a-2).
  - (2) “carrier” means a motor carrier, [motor carrier of migrant workers](/usc/49/501.md?p=a-3), motor private carrier, and [rail carrier](/usc/49/24901.md?p=2).
  - (3) “lessor” means a person owning a railroad that is leased to and operated by a [rail carrier](/usc/49/24901.md?p=2), and a person leasing a right to operate as a motor [carrier](#a-2), [motor carrier of migrant workers](/usc/49/501.md?p=a-3), or motor private [carrier](#a-2) to another.
  - (4) “[lessor](#a-3)” and “[carrier](#a-2)” include a receiver or trustee of that [lessor](#a-3) or [carrier](#a-2), respectively.
- (b)
  - (1) The Secretary of [Transportation](/usc/49/13907.md?p=e-2) may prescribe the form of records required to be prepared or compiled under this section by—
    - (A) [carriers](#a-2) and [lessors](#a-3); and
    - (B) a person furnishing cars or protective service against heat or cold to or for a [rail carrier](/usc/49/24901.md?p=2).
  - (2) The Secretary may require—
    - (A) [carriers](#a-2), [lessors](#a-3), [associations](#a-1), 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](/usc/49/24901.md?p=2) 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-2), a contractor, or an employee of the recipient of a grant issued under [section 31102 of this title](/usc/49/31102.md)) designated by the Secretary, may on demand and display of proper credentials, in person or in writing—
  - (1) inspect the equipment of a [carrier](#a-2) or [lessor](#a-3); and
  - (2) inspect and copy any record of—
    - (A) a [carrier](#a-2), [lessor](#a-3), or [association](#a-1);
    - (B) a person controlling, controlled by, or under common control with a [carrier](#a-2), if the Secretary considers inspection relevant to that person’s relation to, or transaction with, that [carrier](#a-2); and
    - (C) a person furnishing cars or protective service against heat or cold to or for a [rail carrier](/usc/49/24901.md?p=2) 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](#a-2), [lessor](#a-3), 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](#a-2), [lessor](#a-3), or [association](#a-1) 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](#a-2), [motor carrier of migrant workers](/usc/49/501.md?p=a-3), or motor private [carrier](#a-2) 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.