U.S. Code, Title 49, Transportation

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Author: "U.S. Congress, Office of the Law Revision Counsel"

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§ 20114. Judicial Procedures

     (a) Criminal Contempt.—In a trial for criminal contempt for violating an injunction or restraining order issued under this chapter, the violation of which is also a violation of this chapter, the defendant may demand a jury trial. The defendant shall be tried as provided in rule 42(b) of the Federal Rules of Criminal Procedure (18 App. U.S.C.).

     (b) Subpenas For Witnesses.—A subpena for a witness required to attend a district court of the United States in an action brought under this chapter may be served in any judicial district.

     (c) Review of Agency Action.—Except as provided in section 20104(c) of this title, a proceeding to review a final action of the Secretary of Transportation under this part or, as applicable to railroad safety, chapter 51 or 57 of this title shall be brought in the appropriate court of appeals as provided in chapter 158 of title 28.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 870.)

Historical and Revision Notes

Revised Section

Source (U.S. Code)

Source (Statutes at Large)

20114(a)      45:439(b).      Oct. 16, 1970, Pub. L. 91–458, §§ 209(d), 210(b), 84 Stat. 975, 976.

20114(b)      45:438(d).

20114(c)      45:431(f).      Oct. 16, 1970, Pub. L. 91–458, § 202(f), 84 Stat. 972; restated Sept. 3, 1992, Pub. L. 102–365, § 5(a)(1), 106 Stat. 975.

     In subsection (a), the words "the defendant may demand a jury trial" are substituted for "trial shall be by the court, or, upon demand of the accused, by a jury" to eliminate unnecessary words and for consistency in the revised title.

     In subsection (b), the words "may be served in any judicial district" are substituted for "may run into any other district" for clarity.

     In subsection (c), the words "a final action of the Secretary" are substituted for "Any final agency action taken by the Secretary" to eliminate unnecessary words. The words "this part or, as applicable to railroad safety, chapter 51 or 57 of this title" are substituted for "this subchapter or under any of the other Federal railroad safety laws, as defined in section 441(e) of this title" because of the restatement. The words "is subject to judicial review as provided in chapter 7 of title 5" are omitted as unnecessary because 5:ch. 7 applies unless otherwise stated. The words "by and in the manner prescribed" are omitted as surplus.

Section Referred to in Other Sections

     This section is referred to in title 28 section 2342.

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Chicago: "U.S. Congress, Office of the Law Revision Counsel", "§ 20114. Judicial Procedures," U.S. Code, Title 49, Transportation in U.S. Code, Title 49, Transportation (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed January 26, 2023, http://www.originalsources.com/Document.aspx?DocID=8N1GIIA8HQDMRRS.

MLA: "U.S. Congress, Office of the Law Revision Counsel". "§ 20114. Judicial Procedures." U.S. Code, Title 49, Transportation, in U.S. Code, Title 49, Transportation, Washington, D.C., Government Printing Office, 2002, Original Sources. 26 Jan. 2023. http://www.originalsources.com/Document.aspx?DocID=8N1GIIA8HQDMRRS.

Harvard: "U.S. Congress, Office of the Law Revision Counsel", '§ 20114. Judicial Procedures' in U.S. Code, Title 49, Transportation. cited in 2002, U.S. Code, Title 49, Transportation, Government Printing Office, Washington, D.C.. Original Sources, retrieved 26 January 2023, from http://www.originalsources.com/Document.aspx?DocID=8N1GIIA8HQDMRRS.