§11708. Private enforcement: motor carrier and household goods freight forwarder licensing

(a) If a person provides transportation by motor vehicle or service of a household goods freight forwarder in clear violation of section 10921–10924, 10927, 10930–10932, or 11323 of this title, a person injured by the transportation or service may bring a civil action to enforce any such section. In a civil action under this subsection, trial is in the judicial district in which the person who violated that section operates.

(b) A copy of the complaint in a civil action under subsection (a) of this section shall be served on the Interstate Commerce Commission and a certificate of service must appear in the complaint filed with the court. The Commission may intervene in a civil action under subsection (a) of this section. The Commission may notify the district court in which the action is pending that it intends to consider the matter that is the subject of the complaint in a proceeding before the Commission. When that notice is filed, the court shall stay further action pending disposition of the proceeding before the Commission.

(c) In a civil action under subsection (a) of this section, the court may determine the amount of and award a reasonable attorney's fee to the prevailing party. That fee is in addition to costs allowable under the Federal Rules of Civil Procedure.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1454 ; Pub. L. 99–521, §12(e)(1), (2), Oct. 22, 1986, 100 Stat. 2998 .)

In subsection (a), the words "provides transportation . . . service" are substituted for "operates" for consistency. The words "and patent" are omitted to eliminate redundancy and as being obsolete. The words "or any rule, regulation, requirement, or order thereunder" are omitted as being included in the meaning of "section". The words "may bring a civil action" are substituted for "may apply" for clarity in view of rule 2 of the Federal Rules of Civil Procedure (28 U.S.C. app.). The words "to the district court of the United States" are omitted in view of sections 1336 and 1337 of title 28. The 2d sentences of 49:322(b)(2) and 1017(b)(2) are omitted as unnecessary in view of rule 81(b) of the Federal Rules of Civil Procedure (28 U.S.C. app.). The words "In a civil action under this subsection, trial is in" are added for clarity. The words "as of right" are omitted as unnecessary.

In subsection (b), the word "complaint" is substituted for "application" in view of rule 3 of the Federal Rules of Civil Procedure (28 U.S.C. app.). The words "In any action brought under paragraph (2) of this subsection" are omitted as unnecessary in view of the restatement.

In subsection (c), the words "the court may" are substituted for "in the discretion of the court" for clarity. The words "and the plaintiff instituting such action shall be required to give security, in such amount as the court deems proper, to protect the interests of the party or parties against whom any temporary restraining order, temporary injunctive, or other process is issued should it later be proven unwarranted by the facts and circumstances" are omitted as unnecessary in view of rule 65(c) of the Federal Rules of Civil Procedure (28 U.S.C. app.).

References in Text

The Federal Rules of Civil Procedure, referred to in subsec. (c), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

Amendments

1986-Pub. L. 99–521 inserted "household goods" before "freight forwarder" in section catchline and in text of subsec. (a).

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.