Appendix B to Subchapter B of Chapter III - Special Agents
49:5.1.1.2.42.2.17.7.19 : Appendix B
Appendix B to Subchapter B of Chapter III - Special Agents
Cautionary note:
This appendix relates only to Federal authority to enforce the
regulations in this subchapter. In its present form, it has no
application for the States and is not to be included in any
adoption of these regulations by State authorities as a condition
of eligibility for grants under part 350 of this chapter.
1. Authority. Persons appointed as special agents of the
Federal Motor Carrier Safety Administration (“Administration”), are
authorized to enter upon, to inspect, and to examine any and all
lands, buildings, and equipment of motor carriers and other persons
subject to the Interstate Commerce Act, the Department of
Transportation Act, and other related Acts, and to inspect and copy
any and all accounts, books, records, memoranda, correspondence,
and other documents of such carriers and other persons.
2. Compliance. Motor carriers and other persons subject
to these Acts shall submit their accounts, books, records,
memoranda, correspondence, and other documents for inspection and
copying, and they shall submit their lands, buildings, and
equipment for examination and inspection, to any special agent of
the Administration upon demand and display of an Administration
credential, either in person or in writing, identifying him/her as
a special agent.
3. Definition of Special Agent. Special agents are
Federal Motor Carrier Safety Administration (FMCSA) employees who
are identified by credentials issued by the FMCSA authorizing them
to enforce 42 U.S.C. 4917 and to exercise relevant authority of the
Secretary of Transportation under 49 U.S.C. 113, chapters 5, 51,
57, 131-149, 311, 313, and 315 and other statutes, as delegated to
FMCSA by 49 CFR 1.87, and under regulations issued on the authority
of those statutes. Special agents are authorized to inspect and
copy records and to inspect and examine land, buildings, and
equipment in the manner and to the extent provided by law.
4. Facsimile of the Administration Credential:
United States of America Department of Transportation Federal Motor
Carrier Safety Administration
This is to certify that ______ whose photograph and signature
appear hereon is duly accredited as ______ with authority to enter
upon, to inspect, and examine lands, buildings, and equipment, and
to inspect and copy records and papers of carriers and other
persons, in performance of his/her duties under the Department of
Transportation Act, related acts, and regulations of the
Department.
By direction of the Secretary
(Certifying Authority) (Bearer)
(49 U.S.C. 504, 5121, 14122, 31502 and 31503; and 49 CFR 1.87) [35
FR 1016, Jan. 24, 1970, as amended at 36 FR 16067, Aug. 19, 1971;
43 FR 20011, May 10, 1978; 44 FR 46425, July 10, 1980; 49 FR 38290,
Sept. 28, 1984; 60 FR 38749, July 28, 1995; 61 FR 1843, Jan. 24,
1996; 66 FR 49875, Oct. 1, 2001; 77 FR 59828, Oct. 1, 2012; 78 FR
60234, Oct. 1, 2013]