§11701. General authority

(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, broker or freight forwarder is violating this subtitle, the Commission shall take appropriate action to compel compliance with this subtitle. If the Commission finds that a foreign motor carrier or foreign motor private carrier is violating section 10530 of this title, the Commission shall take appropriate action to compel compliance with such section. The Commission may take that action only after giving the carrier, broker or freight forwarder 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 or a foreign motor carrier or foreign motor private carrier providing transportation under a certificate of registration issued under section 10530 of this title, or freight forwarder. 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 ; Pub. L. 98–554, title II, §226(c)(4), Oct. 30, 1984, 98 Stat. 2851 ; Pub. L. 99–521, §12(a), Oct. 22, 1986, 100 Stat. 2998 ; Pub. L. 100–690, title IX, §9111(i), Nov. 18, 1988, 102 Stat. 4534 ; Pub. L. 103–272, §5(m)(34), July 5, 1994, 108 Stat. 1378 .)

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 unnecessary 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.

Pub. L. 96–258

The text of 49:5(10), shown as a source credit for section 11701(a) of title 49, was transferred by the amendment made to title 49 by section 1(11) of the bill [section 1(11) of Pub. L. 96–258]. As a result, 49:5(10) is the source provision for section 11351 of the revised title.

Amendments

1994-Subsec. (a). Pub. L. 103–272 substituted "section 10530 of this title" for "section 10530 of this subtitle".

1988-Subsec. (a). Pub. L. 100–690, §9111(i)(1), inserted "foreign motor carrier or foreign" before "motor private carrier".

Subsec. (b). Pub. L. 100–690, §9111(i)(2), substituted "foreign motor carrier or foreign motor private carrier" for "motor carrier or motor private carrier".

1986-Subsec. (a). Pub. L. 99–521, §12(a)(1), substituted ", broker or freight forwarder" for "or broker" wherever appearing.

Subsec. (b). Pub. L. 99–521, §12(a)(2), inserted ", or freight forwarder" after "section 10530 of this title" in first sentence.

1984-Subsec. (a). Pub. L. 98–554 inserted "If the Commission finds that a motor private carrier is violating section 10530 of this subtitle, the Commission shall take appropriate action to compel compliance with such section."

Subsec. (b). Pub. L. 98–554 inserted "or a motor carrier or motor private carrier providing transportation under a certificate of registration issued under section 10530 of this title" at end of first sentence.

1980-Subsec. (c). Pub. L. 96–296 struck out "related to a rail carrier" after "subsection (a) of this section".

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–690 effective Jan. 1, 1990, see section 9111(k) of Pub. L. 100–690, set out as a note under section 10530 of this title.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–521 effective 60 days after Oct. 22, 1986, see section 15 of Pub. L. 99–521, set out as a note under section 10102 of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–554 effective May 1, 1985, except as otherwise provided, see section 226(d) of Pub. L. 98–554, set out as an Effective Date note under section 10530 of this title.

Section Referred to in Other Sections

This section is referred to in sections 10322, 10704, 10707a, 10708, 10925, 11104, 11705 of this title.