Sec. 222 apply to district Act, order, etc. tory character thereof), or any rule, regulation, requirement, or order thereunder, or of any term or condition Commission may of any certificate or permit, the Commission or its duly court to enforce authorized agent may apply to the district court of the United States for any district where such motor carrier or broker operates, for the enforcement of such provision of this part, or of such rule, regulation, requirement, order, term, or condition; and such court shall have jurisdiction to enforce obedience thereto by a writ of injunction or by other process, mandatory or otherwise, restraining such carrier or broker, his or its officers, agents, employees, and representatives from further violation of such provision of this part or of such rule, regulation, requirement, order, term, or condition and enjoining upon it or them obedience thereto. - injunction. Rebate, concession, or discrimication. tion or accept ance. devices pro (c) Any person, whether carrier, shipper, consignee, or broker, or any officer, employee, agent, or representaoffer, solicita- tive thereof, who shall knowingly offer, grant, or give, or solicit, accept, or receive any rebate, concession, or discrimination in violation of any provision of this part, or who by means of any false statement or representation, or by the use of any false or fictitious bill, bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit, deposition, lease, or bill of sale, or by any other means or device, shall knowingly and willfully assist, suffer or permit any person or persons, natural or artificial, to transportation obtain transportation of passengers or property subplicable charge. ject to this part for less than the applicable rate, fare, or charge, or who shall knowingly and willfully by any such means or otherwise fraudulently seek to evade or defeat regulation as in this part provided for motor carrier or brokers, shall be deemed guilty of a misdemeanor and upon conviction thereof be fined not more than $500 for the first offense and not more than $2,000 for any subsequent offense. hibited. at less than ap evasion of regulation. Penalty. (d) Any special agent or examiner who divulges any Information not fact or information which may come to his knowledge special agent or during the course of the examination of the accounts, to be divulged by examiner. records, and memoranda of motor carriers or brokers as provided in section 220 (b), except as he may be directed by the Commission or by a court of competent 'Similar provisions under part I, sec. 10 (2), (3), ante. Compare Elkins Act, sec. 1, post. Similar provision under part I, sec. 20 (8), ante. jurisdiction, or judge thereof, shall be subject, upon conviction in any court of the United States of competent jurisdiction, to a fine of not more than $5,000 or im- Penalty. prisonment for a term not exceeding two years, or both. Sec. 222 disclosure of information as to shipments, (e) It shall be unlawful for any motor carrier or broker engaged in interstate or foreign commerce or any officer, receiver, trustee, lessee, agent, or employee of such Unauthorized carrier, broker, or person, or for any other person authorized by such carrier, broker, or person to receive informa- unlawful. tion, knowingly to disclose to, or permit to be acquired by any person other than the shipper or consignee without the consent of such shipper or consignee, any information concerning the nature, kind, quantity, destination, consignee, or routing of any property tendered or delivered to such motor carrier or broker for such transportation, which information may be used to the detriment or prejudice of such shipper or consignee, or which may improperly disclose his business transactions to a competitor; and it shall also be unlawful for any person to solicit or knowingly receive any such information which may be so used. sponsive to legal prevented. ing traffic (f) Nothing in this part shall be construed to prevent the giving of such information in response to any legal Information reprocess issued under the authority of any court, or to any process not officer or agent of the Government of the United States. or of any State, Territory, or District thereof, in the exercise of his power, or to any officer or other duly authorized person seeking such information for the prosecution of persons charged with or suspected of crimes or to another carrier or broker, or its duly authorized agent, for the purpose of adjusting mutual traffic accounts in the or for adjust ordinary course of business of such carriers or brokers. accounts. (g) Any motor carrier, or broker, or any officer, agent, employee, or representative thereof who shall willfully fail or refuse to make a report to the Commis- Refusal to report sion as required by this part, or to keep accounts, records, etc. and memoranda in the form and manner approved or prescribed by the Commission, or shall knowingly and willfully falsify, destroy, mutilate, or alter any such report, account, record, or memorandum, or shall knowingly and willfully file any false report, account, record, filing false 5 Similar provision under part I, sec. 15 (11), ante. 6 Similar provision under part I, sec. 15 (11), ante. or keep accounts, falsification, destruction, etc. report. ་ Similar provisions under part I, sec. 20 (2), (6), (7), ante. Sec. 223 Penalty. 49 Stat. L. 565. deliver freight until charges paid. Exception credit rules pre Inission. or municipal governments or agencies. or memorandum, shall be deemed guilty of a misdemeanor and upon conviction thereof be subject for each offense to a fine of not less than $100 and not more than $5,000. COLLECTION OF RATES AND CHARGES SEC. 223. [Added August 9, 1935.] [U. S. Code, Sup. Carrier not to 1, title 49, sec. 323.]1 No common carrier by motor vehicle shall deliver or relinquish possession at destination of any freight transported by it in interstate or foreign commerce until all tariff rates and charges thereon have been paid, except under such rules and regulations as the scribed by Com- Commission may from time to time prescribe to govern the settlement of all such rates and charges, including rules and regulations for weekly or monthly settlement, and to prevent unjust discrimination or undue preference or prejudice: Provided, That the provisions of this paragraph shall not be construed to prohibit any such carrier from extending credit in connection with rates and charges on freight transported for the United States, for any department, bureau, or agency thereof, or for any Federal, State, State or Territory, or political subdivision thereof, or for the District of Columbia. Where any common carrier Nonliability of by motor vehicle is instructed by a shipper or consignor to deliver property transported by such carrier to a consignee other than the shipper or consignor, such consignee shall not be legally liable for transportation charges in respect of the transportation of such property (beyond those billed against him at the time of delivery for which he is otherwise liable) which may be found to be due after the property has been delivered to him, if the consignee (a) is an agent only and had no beneficial title in the property, and (b) prior to delivery of the property has notified the delivering carrier in writing of the fact of such agency and absence of beneficial title, and, in the case of shipment reconsigned or diverted to a point other than that specified in the original bill of lading, has also notified the delivering carrier in writing of the name and Beneficial owner address of the beneficial owner of the property. In such cases the shipper or consignor, or, in the case of a shipment so reconsigned or diverted, the beneficial owner shall be liable for such additional charges, irrespective consignee when agent. no beneficial title. notice of agency, etc., be fore delivery. Reconsigned shipments. liable. 'Similar provisions under part I, sec. 8(2), ante. Secs. 224-225 on giving erro tion. of any provisions to the contrary in the bill of lading or in the contract under which the shipment was made. If the consignee has given to the carrier erroneous in- Consignee liable formation as to who is the beneficial owner, such con- neous informa. signee shall himself be liable for such additional charges, notwithstanding the foregoing provisions of this paragraph. On shipments reconsigned or diverted by an agent who has furnished the carrier with a notice of agency and the proper name and address of the beneficial owner, and where such shipments are refused or abandoned at ultimate destination, the said beneficial owner shall be liable for all legally applicable charges in connection therewith. IDENTIFICATION OF INTERSTATE CARRIERS plates, issuance. SEC. 224. [Added August 9, 1935.] [U. S. Code, Sup. I, 49 Stat. L. 566. title 49, sec. 324.] The Commission is hereby authorized, Identification under such rules and regulations as it shall prescribe, to require the display by motor carriers upon each motor vehicle operated under a certificate or permit issued by the Commission, suitable identification plate or plates, to provide for the issuance of such plates, and to require the payment by such carriers of the reasonable cost thereof. All moneys so collected shall be paid into the Treasury Fees. of the United States. Any substitution, transfer, or use Substitution, of any such identification plate or plates, except such as unless authorized. may be duly authorized by the Commission, is hereby prohibited and shall be unlawful. INVESTIGATION OF MOTOR VEHICLE SIZES, WEIGHTS, AND SO FORTH etc., unlawful Necessity for tion, investiga SEC. 225. [Added August 9, 1935.] [U. S. Code, Sup. 49 Stat. L. 566. I, title 49, sec. 325.] The Commission is hereby author- Federal regulaized to investigate and report on the need for Federal tion and report. regulation of the sizes and weight of motor vehicles and combinations of motor vehicles and of the qualifications and maximum hours of service of employees of all motor carriers and private carriers of property by motor vehicle; and in such investigation the Commission shall avail Cooperation, itself of the assistance of all departments or bureaus of authorized. the Government and of any organization of motor carriers having special knowledge of any such matter. 20049°-35-9 assistance, Secs. 226-227 49 Stat. L. 567. Remainder of part unaffected lidity. SEPARABILITY OF PROVISIONS SEC. 226. [Added August 9, 1935.] [U. S. Code, Sup. I, title 49, sec. 326.]1 If any provision of this part, or the by partial inva- application thereof to any person, or commerce, or circumstance, is held invalid, the remainder of the part, and part, and the application of such provision to other persons, or commerce, or circumstances, shall not be affected thereby. 49 Stat. L. 567. part. TIME EFFECTIVE SEC. 227. [Added August 9, 1935.] [U. S. Code, Sup. Effective date of I, title 49, sec. 327.] (a) This part (except this section, which shall become effective immediately upon approval) shall take effect and be in force on and after the 1st day of October 1935: Provided, however, That the Commission shall, if found by it necessary or desirable in the public interest, by general or special order, postpone the taking effect of any provision of this part to such time after the 1st day of October 1935, as the Commission shall prescribe, but not beyond the 1st day of April 1936. Postponement by Commission. terstate com fected. SAVING CLAUSES (From certain subsequent Acts, with respect to the Interstate Commerce Act, as amended) [Provision in the Federal Trade Commission Act, Sep38 Stat. L. 724. tember 26, 1914.] [U. S. Code, title 15, sec. 51.] Antitrust and in- SEC. 11. Nothing contained in this Act shall be coninerce laws unaf- strued to prevent or interfere with the enforcement of the provisions of the antitrust Acts or the Acts to regulate commerce, nor shall anything contained in the Act be construed to alter, modify, or repeal the said antitrust Acts or the Act to regulate commerce or any part or parts thereof. 42 Stat. L. 168. Antitrust Acts and Interstate Commerce Act unaffected. [Provisions in the Packers and Stockyards Act, 1921, August 15, 1921.] [U. S. Code, title 7, secs. 225 and 226.] SEC. 405. Nothing contained in this Act, except as otherwise provided herein, shall be construed (a) To prevent or interfere with the enforcement of, or the procedure under, the provisions of the Act entitled “An Act to protect trade and commerce against unlawful 'Separability clause applicable to part I, see Transportation Act, 1920, sec. 502 (Act of Feb. 28, 1920, 41 Stat. L. 499), post. |
