49 USC 32706 - Inspections, investigations, and records

U.S Code last checked for updates: Nov 22, 2024

§ 32706.

Inspections, investigations, and records

(a)

Authority To Inspect and Investigate.—

Subject to section 32707 of this title, the Secretary of Transportation may conduct an inspection or investigation necessary to carry out this chapter or a regulation prescribed or order issued under this chapter. The Secretary shall cooperate with State and local officials to the greatest extent possible in conducting an inspection or investigation. The Secretary may give the Attorney General information about a violation of this chapter or a regulation prescribed or order issued under this chapter.

(b)

Entry, Inspection, and Impoundment.—

(1)

In carrying out subsection (a) of this section, an officer or employee designated by the Secretary, on display of proper credentials and written notice to the owner, operator, or agent in charge, may—

(A)

enter and inspect commercial premises in which a motor vehicle or motor vehicle equipment is manufactured, held for shipment or sale, maintained, or repaired;

(B)

enter and inspect noncommercial premises in which the Secretary reasonably believes there is a motor vehicle or motor vehicle equipment that is an object of a violation of this chapter;

(C)

inspect that motor vehicle or motor vehicle equipment; and

(D)

impound for not more than 72 hours for inspection a motor vehicle or motor vehicle equipment that the Secretary reasonably believes is an object of a violation of this chapter.

(2)

An inspection or impoundment under this subsection shall be conducted at a reasonable time, in a reasonable way, and with reasonable promptness. The written notice may consist of a warrant issued under section 32707 of this title.

(c)

Reasonable Compensation.—

When the Secretary impounds for inspection a motor vehicle (except a vehicle subject to subchapter I of chapter 135 of this title) or motor vehicle equipment under subsection (b)(1)(D) of this section, the Secretary shall pay reasonable compensation to the owner of the vehicle or equipment if the inspection or impoundment results in denial of use, or reduction in value, of the vehicle or equipment.

(d)

Records and Information Requirements.—

(1)

To enable the Secretary to decide whether a dealer or distributor is complying with this chapter and regulations prescribed and orders issued under this chapter, the Secretary may require the dealer or distributor—

(A)

to keep records;

(B)

to provide information from those records if the Secretary states the purpose for requiring the information and identifies the information to the fullest extent practicable; and

(C)

to allow an officer or employee designated by the Secretary to inspect relevant records of the dealer or distributor.

(2)

This subsection and subsection (e)(1)(B) of this section do not authorize the Secretary to require a dealer or distributor to provide information on a regular periodic basis.

(e)

Administrative Authority and Civil Actions To Enforce.—

(1)

In carrying out this chapter, the Secretary may—

(A)

inspect and copy records of any person at reasonable times;

(B)

order a person to file written reports or answers to specific questions, including reports or answers under oath; and

(C)

conduct hearings, administer oaths, take testimony, and require (by subpena or otherwise) the appearance and testimony of witnesses and the production of records the Secretary considers advisable.

(2)

A witness summoned under this subsection is entitled to the same fee and mileage the witness would have been paid in a court of the United States.

(3)

A civil action to enforce a subpena or order of the Secretary under this subsection may be brought in the United States district court for any judicial district in which the proceeding by the Secretary is conducted. The court may punish a failure to obey an order of the court to comply with the subpena or order of the Secretary as a contempt of court.

(f)

Prohibitions.—

A person may not fail to keep records, refuse access to or copying of records, fail to make reports or provide information, fail to allow entry or inspection, or fail to permit impoundment, as required under this section.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1052; Pub. L. 103–429, § 6(35), Oct. 31, 1994, 108 Stat. 4380; Pub. L. 105–102, § 2(19), Nov. 20, 1997, 111 Stat. 2205.)

cite as: 49 USC 32706