Page:United States Statutes at Large Volume 96 Part 2.djvu/1071

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PUBLIC LAW 97-000—MMMM. DD, 1982

PUBLIC LAW 97-449—JAN. 12, 1983

96 STAT. 2433

vehicle in intrastate commerce on the highways of the State in which the carrier maintains headquarters and with the Secretary, (c) Each of those carriers, including such a carrier operating in the United States while providing transportation between places in a foreign country or between a place in one foreign country and a place in another foreign country, shall designate an agent in each State in which it operates by name and post office address on whom process issued by a court with subject matter jurisdiction may be served in an action brought against that carrier. The designation shall be in writing and filed with the Secretary and with the authority of each State in which the carrier operates having jurisdiction to regulate transportation by motor vehicle in intrastate commerce on the highways of that State. If a designation under this subsection is not made, service may be made on any agent of the carrier in that State. The designation may be changed at any time in the same manner as originally made. §504. Reports and records (a) In t h i s section—

(1) "association" means an organization maintained by or in the interest of a group of rail carriers, motor carriers, motor carriers of migrant workers, or motor private carriers that performs a service, or engages in activities, related to transportation of that carrier. (2) "carrier" means a motor carrier, motor carrier of migrant workers, motor private carrier, and rail carrier. (3) "lessor" means a person owning a railroad that is leased to and operated by a rail carrier, and a person leasing a right to operate as a motor carrier, motor carrier of migrant workers, or motor private carrier to another. (4) "lessor" and "carrier" include a receiver or trustee of that lessor or carrier, respectively. (b)(1) The Secretary of Transportation may prescribe the form of records required to be prepared or compiled under this section by— (A) carriers and lessors; and (B) a person furnishing cars or protective service against heat or cold to or for a rail carrier. (2) The Secretary may require— (A) carriers, lessors, associations, or classes of them as the Secretary may prescribe, to file annual, periodic, and special reports with the Secretary containing answers to questions asked by the Secretary; and (B) a person furnishing cars or protective service against heat or cold to a rail carrier to file reports with the Secretary containing answers to questions about those cars or service. (c) The Secretary, or an employee designated by the Secretary, may on demand and display of proper credentials— (1) inspect the equipment of a carrier or lessor; and (2) inspect and copy any record of— (A) a carrier, lessor, or association; (B) a person controlling, controlled by, or under common control with a carrier, if the Secretary 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 carrier if the Secretary prescribed the form of that record.

49 USC 504. Definitions.