[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR388.5]

[Page 307-308]
 
                        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.

[[Page 308]]

    (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 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]