§11144. Records: form; inspection; preservation

(a) The Interstate Commerce Commission may prescribe the form of records required to be prepared or compiled under this subchapter-

(1) by carriers, brokers, and lessors, including records related to movement of traffic and receipts and expenditures of money; and

(2) by persons furnishing cars or protective service against heat or cold to or for a rail or express carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title to the extent related to those cars or that service.

(b) The Commission, or an employee designated by the Commission, may on demand and display of proper credentials-

(1) inspect and examine the lands, buildings, and equipment of a carrier, broker, or lessor; and

(2) inspect and copy any record of-

(A) a carrier, broker, lessor, or association;

(B) a person controlling, controlled by, or under common control with a carrier if the Commission 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 or express carrier if the Commission prescribed the form of that record.

[(c) Repealed. Pub. L. 96–296, §24(c), July 1, 1980, 94 Stat. 816 .]

(d) The Commission may prescribe the time period during which operating, accounting, and financial records must be preserved by carriers, brokers, lessors, and persons furnishing cars or protective services.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1426 ; Pub. L. 96–296, §24(c), July 1, 1980, 94 Stat. 816 .)

In the section, the word "records" is substituted for "accounts", "records", "books", "correspondence", "memoranda", and "other documents" for consistency in view of section 552a of title 5.

In subsection (a), the words "in its discretion . . . of any and all" are omitted as surplus. The words "by freight forwarders, with respect to service subject to this chapter" are omitted as unnecessary in view of subchapter IV of chapter 105 of the revised title. The last clauses of 49:20(5) (1st sentence), 320(d) (1st sentence), 913(e), and 1012(c) are omitted as unnecessary in view of subchapter II of chapter 103 and chapter 119 of the revised title. The words "required to be prepared or compiled under this subchapter" are inserted for clarity.

In subsection (b), the words "an employee designated by the Commission" are substituted for "any duly authorized special agent, accountant, or examiner thereof" for clarity. The word "may" is substituted for "shall at all times have authority" for clarity. The words "freight forwarder" are omitted as unnecessary in view of subchapter IV of chapter 105 of the revised title. The last sentences (less the last 7 words) of 49:20(5), (6), 320(d), 913(f), and 1012(d) are omitted as surplus. The text of 49:311(d) is omitted as surplus.

In subsection (c), the words "an employee designated by the Commission" are substituted for "its duly authorized special agents, accountants, or examiners" for clarity. The word "may" is substituted for "shall . . . have access to and authority" for clarity. The word "record" is substituted for "accounts, records, or memorandums" in 49:320(g) (proviso) for consistency in view of section 552a of title 5. The words "under its orders" are omitted as surplus. The word "related" is substituted for "pertaining" for consistency. The words "to notify" are substituted for "to give notice" for clarity.

In subsection (d), the words "may prescribe" are substituted for "may in its discretion issue orders specifying" in 49:20(7)(b) (proviso) and for "may issue orders specifying" in 49:320(d) (2d sentence), 913(g), and 1012(e), for clarity. The text of 49:311(d) (related to time period) and 1012(c) (32d–44th words) is omitted as unnecessary in view of this restatement. The word "record" is substituted for "papers, records, books, blanks, tickets, stubs, correspondence, or documents" for consistency in view of section 552a of title 5. The words "time period during which . . . must be preserved" are substituted for "as may, after a reasonable time, be destroyed, and prescribing the length of time the same shall be preserved" for clarity.

Amendments

1980-Subsec. (c). Pub. L. 96–296 struck out subsec. (c) which provided that the Commission, or an employee designated by the Commission, inspect and copy, during normal business hours, any record related to motor vehicle transportation of a cooperative association or federation of cooperative associations required to notify the Commission under section 10526(a)(5) of this title but that the Commission not prescribe the form of records to be maintained. See section 10529(a) of this title.

Section Referred to in Other Sections

This section is referred to in sections 11901, 11910 of this title.