[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR388.5]



[Page 303-304]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 388_COOPERATIVE AGREEMENTS WITH STATES--Table of Contents

 

Sec. 388.5  Requests for assistance.



    (a) State request for Federal Motor Carrier Safety Administration 

assistance. Upon written request of the appropriate State authority, the 

officials of the Federal Motor Carrier Safety Administration for that 

State shall, as time, personnel, and funds permit, obtain evidence for 

use by said State in the enforcement of its laws and regulations 

concerning unsafe motor carrier operations. Evidence obtained in this 

manner shall be transmitted to the appropriate State authority together 

with the name and address of an agent or employee, if any, having 

knowledge of the facts, who shall be made available when necessary to 

testify as a witness in an enforcement proceeding or other action.

    (b) Federal Motor Carrier Safety Administration request for State 

assistance. Upon written request from a Regional Director of Motor 

Carriers, the appropriate State authority, shall, as time, personnel, 

and funds permit, obtain evidence in the State for use by the



[[Page 304]]



Federal Motor Carrier Safety Administration in its enforcement of the 

safety and hazardous materials laws and regulations of the United States 

concerning highway transportation. Evidence obtained in this manner 

shall be transmitted to the Field Administrator, together with the name 

and address of an agent or employee, if any, having knowledge of the 

facts, who shall be made available when necessary to testify as a 

witness in an enforcement proceeding or other action.



[33 FR 19725, Dec. 25, 1968, as amended at 51 FR 12621, Apr. 14, 1986; 

60 FR 38743, July 28, 1995; 67 FR 61824, Oct. 2, 2002]