U.S. Code » Title 49 » Subtitle SUBTITLE IV— INTERSTATE TRANSPORTATION › Part PART A— RAIL › Chapter CHAPTER 111— OPERATIONS › Subchapter SUBCHAPTER III— REPORTS AND RECORDS

49 U.S.C. § 11144

Records: form; inspection; preservation

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 49 CasesGoogle Scholar
(a) The Board may prescribe the form of records required to be prepared or compiled under this subchapter—(1) by rail carriers and lessors, including records related to movement of traffic and receipts and expenditures of money; and(2) by persons furnishing cars to or for a rail carrier providing transportation subject to the jurisdiction of the Board under this part to the extent related to those cars or that service.(b) The Board, or an employee designated by the Board, may on demand and display of proper credentials—(1) inspect and examine the lands, buildings, and equipment of a rail carrier or lessor; and(2) inspect and copy any record of—(A) a rail carrier, lessor, or association;(B) a person controlling, controlled by, or under common control with a rail carrier if the Board considers inspection relevant to that person’s relation to, or transaction with, that rail carrier; and(C) a person furnishing cars to or for a rail carrier if the Board prescribed the form of that record.(c) The Board may prescribe the time period during which operating, accounting, and financial records must be preserved by rail carriers, lessors, and persons furnishing cars.(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 835.)Editorial NotesPrior Provisions

A prior section 11144, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1426; Pub. L. 96–296, § 24(c), July 1, 1980, 94 Stat. 816, related to form, inspection, and preservation of records, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See sections 11144, 14122, and 15722 of this title.

Statutory Notes and Related SubsidiariesEffective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.

Notes of Decisions
Cited in 8 cases, 1980–1987 · leading case: United States v. Grand Trunk W. R.R., 95 F.R.D. 463 (W.D. Mich. 1981).
Sort: Relevance Newest Treatment
United States v. Grand Trunk W. R.R., 95 F.R.D. 463 (W.D. Mich. 1981). · cites it 6× “§ 20 (5), now found in 49 U.S.C. § 11144 (b) (1978). The new version of this statute substitutes “[t]he Commission, or an employee designated by the Commission,” for “[t]he Commission or any duly authorized special agent, accountant, or examiner thereof.”
Interstate Com. Comm'n v. James R. Gould, Doing Bus. as Brokers for Agric. Cooperativeassociations, 629 F.2d 847 (3rd Cir. 1980). · cites it 2× “These requests were made pursuant to section 11144(b), as well as ICA § 220(g), 49 U.S.C.A. § 11144 (c) (West Supp.1980).”
Interstate Com. Comm'n v. Piggy Back Shippers Ass'n of Florida, Inc., 704 F.2d 533 (11th Cir. 1983). · cites it 3× “By statute, 49 U.S.C.A. § 11144 , the ICC has broad investigatory powers, which allow ICC employees to inspect records and facilities of regulated entities.”
State v. Huston, 445 So. 2d 67 (La. Ct. App. 1984). “49 U.S.C. § 11144 (1982). Since a warrantless search and seizure occurred in this case, the burden is on the State to show that this action was justified under an exception to the warrant requirement of the Fourth Amendment of the United States Constitution, and Art.”
United States of Am. & Interstate Com. Comm'n v. S. Pac. Transp. Co., 691 F.2d 883 (9th Cir. 1982). “The controlling statutory provision is 49 U.S.C. § 11144 (b)(2), which reads as follows: (b) The Commission, or an employee designated by the Commission, may on demand and display of proper credentials— (2) inspect and copy any record of— (A) a carrier, broker, lessor, or…”
Seaboard Sys. R.R. v. Interstate Com. Comm'n, 827 F.2d 699 (11th Cir. 1987). · cites it 3× “Finding that the district court erroneously interpreted the scope of the ICC’s summary inspection power under 49 U.S.C. § 11144 (1982), 1 we reverse the decision below.”
Interstate Com. Comm'n v. Peninsula Shippers Ass'n, Inc., 789 F.2d 1401 (9th Cir. 1986). · cites it 2× “The ICC alleged that 49 U.S.C. § 11144 (b) authorized a summary inspection of PSA’s records to determine whether PSA was in fact subject to ICC regulation.”
Interstate Com. Comm'n v. Gould, 522 F. Supp. 740 (W.D. Pa. 1981). “The visitorial powers of an ICC investigator, as set forth in 49 U.S.C. § 11144 (b), (1981), authorizes the inspection and copying of any transportation-related record as well as lands, buildings and equipment.”
— 49 U.S.C. § 11144(b) — 1 case
Interstate Com. Comm'n v. James R. Gould, Doing Bus. as Brokers for Agric. Cooperativeassociations, 629 F.2d 847 (3rd Cir. 1980). “These requests were made pursuant to section 11144(b), as well as ICA § 220(g), 49 U.S.C.A. § 11144 (c) (West Supp.1980).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.