Page:United States Statutes at Large Volume 92 Part 2.djvu/169

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1449

when the amendment is prescribed or at another time as determined by the national organization. (d) The national organization shall consult with the Commission and representatives of motor carriers subject to the State registration requirement when preparing amendments to the standards. Different amendments may be prescribed for each class of motor carriers as warranted by the differences in the operations of each class. (e) This section does not— (1) authorize standards in conflict with regulations of the Commission; or (2) affect the authority of the Commission to interpret its regulations and certificates and permits issued under section 10922 or 10923 of this title. § 1150T. Prison-made property governed by State law Goods, wares, and merchandise produced or mined in a penal institution or by a prisoner not on parole or probation and transported into and used, sold, or stored in a State or territory or possession of the United States, is subject to the laws of that State, territory, or possession. This section does not apply to commodities produced in a penal institution of the United States Government for its use. CHAPTER 117—ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES Sec. 11701. 11702. 11703. 11704. 11705. 11706. 11707. 11708. 11709. 11710.

General authority. Enforcement by the Interstate Commerce Commission. Enforcement by the Attorney General. Action by a private person to enjoin abandonment of service. Rights and remedies of persons injured by certain carriers. Limitation on actions by and against common carriers. Liability of common carriers under receipts and bills of lading. Private enforcement: motor carrier and freight forwarder licensing. Liability for issuance of securities by certain carriers. Liability when property is delivered in violation of routing instructions.

§ 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 or broker is violating this subtitle, the Commission shall take appropriate action to compel compliance with this subtitle. The Commission may take that action only after giving the carrier or broker 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. 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 Ca) of this section related to a rail carrier is dismissed automatically unless it is concluded by the Commission with

Ante, pp. 1409, 1410. 49 USC 11507.

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49 USC 11701. Investigations,

Notice, Complaints,

Ante, p. 1359. ,:,,,,,,., V