§11702. Enforcement by the Interstate Commerce Commission

(a) The Interstate Commerce Commission may bring a civil action-

(1) to enjoin a rail carrier from violating section 10901–10907 or 10933 of this title, or a regulation prescribed or certificate issued under any of those sections;

(2) to enforce section 10527 or 10930 or 11109 or 11111 or 11323 of this title, or subchapter III of chapter 113 of this title and to compel compliance with the order of the Commission under any of those sections and that subchapter;

(3) to enforce an order of the Commission, except a civil action to enforce an order for the payment of money, when it is violated by a carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title;

(4) to enforce this subtitle (except a civil action under a provision of this subtitle governing the reasonableness and discriminatory character of rates), or a regulation or order of the Commission or a certificate or permit issued under this subtitle when violated by a motor carrier or broker providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title or by a foreign motor carrier or foreign motor private carrier providing transportation under a certificate of registration issued under section 10530 of this title;

(5) to enforce this subtitle (except a civil action under a provision of this subtitle governing the reasonableness and discriminatory character of rates), or a regulation or order of the Commission or a certificate or permit issued under this subtitle, except a civil action to enforce an order for the payment of money, when violated by a carrier providing transportation subject to the jurisdiction of the Commission under subchapter III of chapter 105 of this title; and

(6) to enforce this subtitle, or a regulation or order of the Commission or permit issued under this subtitle when violated by a carrier providing service subject to the jurisdiction of the Commission under subchapter IV of chapter 105 of this title.

(b) In a civil action under subsection (a)(4) of this section-

(1) trial is in the judicial district in which the motor carrier, foreign motor carrier (as defined under section 10530(a)), foreign motor private carrier (as defined under section 10530(a)), or broker operates;

(2) process may be served without regard to the territorial limits of the district or of the State in which the action is instituted; and

(3) a person participating with a carrier or broker in a violation may be joined in the civil action without regard to the residence of the person.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1450 ; Pub. L. 96–296, §§15(c), 16(c), July 1, 1980, 94 Stat. 809 , 810; Pub. L. 97–261, §25(e), Sept. 20, 1982, 96 Stat. 1125 ; Pub. L. 98–554, title II, §226(c)(5), Oct. 30, 1984, 98 Stat. 2851 ; Pub. L. 100–690, title IX, §9111(j), Nov. 18, 1988, 102 Stat. 4534 .)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
11702(a)(1)	49:1(18)(e) (related to Commission action).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §1(18)(e) (related to Commission action); added Feb. 5, 1976, Pub. L. 94–210, §801(a), 90 Stat. 126 .
	49:1a(9) (related to Commission action).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §1a(9) (related to Commission action); added Feb. 5, 1976, Pub. L. 94–210, §802, 90 Stat. 130 .
	49:1010(i) (related to Commission action).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §410(i) (related to Commission action); added May 16, 1942, ch. 318, §1, 56 Stat. 293 .
11702(a)(2)	49:5(9).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §5(9); added June 16, 1933, ch. 91, §202, 48 Stat. 219 ; Aug. 9, 1935, ch. 498, §1, 49 Stat. 543 ; restated Sept. 18, 1940, ch. 722, §7, 54 Stat. 908 ; Feb. 5, 1976, Pub. L. 94–210, §403(a), 90 Stat. 63 .
	49:1011(e).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §411(e); added May 16, 1942, ch. 318, §1, 56 Stat. 294 .
11702(a)(3)	49:16(12) (related to Commission action).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §16(12) (related to action by the Commission); added June 18, 1910, ch. 309, §13, 36 Stat. 535 ; Oct. 22, 1913, ch. 32, §1, 38 Stat. 219 ; Feb. 28, 1920, ch. 91, §429, 41 Stat. 492 ; Sept. 18, 1940, ch. 722, §11(a)(6), 54 Stat. 912 .
11702(a)(4)	49:322(b)(1) (less last 18 words of 1st sentence, 2d sentence, and last sentence).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §222(b)(1); added Aug. 9, 1935, ch. 498, §1, 49 Stat. 564 ; restated Sept. 6, 1965, Pub. L. 89–170, §4, 79 Stat. 649 .
11702(a)(5)	49:916(b) (related to Commission action).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §316(b) (related to Commission action); added Sept. 18, 1940, ch. 722, §201, 54 Stat. 946 .
11702(a)(6)	49:1017(b)(1) (related to Commission action).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §417(b) (related to Commission action); added May 16, 1942, ch. 318, §1, 56 Stat. 297 ; Aug. 7, 1942, ch. 552, §2, 56 Stat. 746 ; Sept. 6, 1965, Pub. L. 89–170, §5, 79 Stat. 650 .
11702(b)	49:322(b)(1) (1st sentence last 18 words, 2d sentence, last sentence).

In the section, the words "The district courts of the United States shall have jurisdiction" in 49:5(9) and similar words in the source provisions are omitted as unnecessary in view of sections 1336 and 1337 of title 28. The words "civil action" are added in view of rule 2 of the Federal Rules of Civil Procedure (28 U.S.C. app.).

In subsection (a), the word "lawful" in 49:322(b)(1) is omitted as surplus. The word "regulation" is substituted for "rule" and "regulation" when referring to the Commission for consistency. The word "order" is substituted for "order" and "requirement" as being more inclusive. The words "term" and "condition" are omitted as surplus.

In subsection (a)(2), the word "enforce" is substituted for "to issue such writs of injunction or other proper process, mandatory or otherwise, as may be necessary to restrain such person" in 49:5(9), "by writ of injunction or by other process, mandatory or otherwise" in 49:322(b)(1), 916(b), and 1017(b)(1), and "to issue such writs of injunction or other proper process, mandatory or otherwise" in 49:1011(e) in view of rule 81(b) of the Federal Rules of Civil Procedure (28 U.S.C. app.).

In subsection (a)(3), the last sentence of 49:16(12) is omitted as surplus in view of the Federal Rules of Civil Procedure (28 U.S.C. app.) and section 2321(c) of title 28.

In subsection (b), the word "trial" is added for clarity.

Amendments

1988-Subsec. (a)(4). Pub. L. 100–690, §9111(j)(1), substituted "foreign motor carrier or foreign motor private carrier" for "motor carrier or motor private carrier".

Subsec. (b)(1). Pub. L. 100–690, §9111(j)(2), substituted ", foreign motor carrier (as defined under section 10530(a)), foreign motor private carrier (as defined under section 10530(a)), or broker" for "or broker".

1984-Subsec. (a)(4). Pub. L. 98–554 inserted "or by a motor carrier or motor private carrier providing transportation under a certificate of registration issued under section 10530 of this title" before the semicolon at end.

1982-Subsec. (a)(2). Pub. L. 97–261, §25(e), inserted "or 11111" after "11109".

1980-Subsec. (a)(2). Pub. L. 96–296 substituted "10527 or 10930 or 11109" for "10930".

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 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.

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–261 effective on 60th day after Sept. 20, 1982, see section 31(a) of Pub. L. 97–261, set out as a note under section 10101 of this title.

Section Referred to in Other Sections

This section is referred to in section 11126 of this title.