49 U.S.C. § 11703

Enforcement by the Attorney General

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(a) The Attorney General may, and on request of the Board shall, bring court proceedings to enforce this part, or a regulation or order of the Board or certificate issued under this part, and to prosecute a person violating this part or a regulation or order of the Board or certificate issued under this part.(b) The United States Government may bring a civil action on behalf of a person to compel a rail carrier providing transportation subject to the jurisdiction of the Board under this part to provide that transportation to that person in compliance with this part at the same rate charged, or on conditions as favorable as those given by the rail carrier, for like traffic under similar conditions to another person.(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 845.)Editorial NotesPrior Provisions

A prior section 11703, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1450, related to authority of Attorney General and United States Government to bring civil actions to enforce this subtitle, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See sections 11703, 14703, and 15903 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 3 cases, 1990–1995 · leading case: United States v. Alky Enter., Inc., 969 F.2d 1309 (1st Cir. 1992).

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United States v. Alky Enter., Inc., 969 F.2d 1309 (1st Cir. 1992). · cites it 2× “49 U.S.C. § 11703 (a). As the district court and the United States acknowledge, there is little in these two provisions standing alone to suggest much difference between the scope of the enforcement authority granted to the ICC and that given to the Attorney General.”

United States v. Ottati & Goss, Inc., United States of Am. v. Ottati & Goss, Inc., Appeal of State of New Hampshire, Intervenor/plaintiff, 900 F.2d 429 (1st Cir. 1990). “§ 332 ; Interstate Commerce Act, 49 U.S.C. § 11703 . In such cases, particularly where there has been no administrative hearing, the court would seem properly to make its determination on the basis of facts the parties bring before it, not simply on the basis of formal…”

Siegel Transfer, Inc. v. Carrier Express, Inc., 54 F.3d 1125 (3rd Cir. 1995). “Congress gave the Interstate Commerce Commission primary responsibility to enforce the Interstate Commerce Act, authorizing it to investigate infractions, compel compliance where violations have occurred, bring civil actions to enjoin certain violations, and enforce its orders…”

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