(a) Any person knowingly and willfully violating any provision of this chapter or any rule, regulation, requirement or order thereunder or any term or condition of any certificate, permit or license for which a penalty is not otherwise herein provided shall, upon conviction thereof, be fined not more than $100.00 for the first offense and not more than $500.00 for any subsequent offense. Each day of such violation shall constitute a separate offense.
(b) If any motor carrier or broker operates in violation of any provision of this chapter (except as to the reasonableness of rates, fares or charges and discriminatory character thereof), or any rule, regulation or requirement, or order thereunder, or of any term or condition of any certificate or permit, the commission or its duly authorized agency may apply to the circuit court of the State of Alabama for any county where such motor carrier or broker operates for the enforcement of such provision of this chapter 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 chapter or of such rule, regulation, requirement, order, term or condition and enjoining upon it or them obedience thereto.
(c) Any person, whether carrier, shipper, consignee or broker, or any officer, employee, agent or representative 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 chapter or who, by means of any false statement or representation or by 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 obtain transportation of passengers or property subject to this chapter 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 regulations as in this chapter provided for motor carriers or brokers shall be deemed guilty of a misdemeanor and, upon conviction thereof, be fined not more than $100.00 for the first offense and not more than $1,000.00 for any subsequent offense.
(d) Any agent or employee of the commission who divulges any fact or information which may come to his knowledge during the course of the examination of the accounts, records and memoranda of motor carriers or brokers as provided in this chapter, except as he may be directed by the commission or by a court of competent jurisdiction or judge thereof, shall be subject, upon conviction in any court of the State of Alabama of competent jurisdiction, to a fine of not more than $1,000.00.
(e) It shall be unlawful for any motor carrier or broker engaged in intrastate commerce or any officer, receiver, trustee, lessee, agent or employee of such carrier, broker or person or any other person authorized by such carrier, broker or person to receive information, 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 transaction to a competitor, and it shall be unlawful for any person to solicit or knowingly receive any such information which may be so used.
(f) Nothing in this chapter shall be construed to prevent the giving of such information in response to any legal process issued under the authority of any court or to any 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 ordinary course of business of such carriers or brokers.
(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 commission as required by this chapter or to keep accounts, records 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 or memorandum shall be deemed guilty of a misdemeanor and, upon conviction thereof, be subject for each offense to a fine of not more than $5,000.00.
Structure Code of Alabama
Title 37 - Public Utilities and Public Transportation.
Chapter 3 - Motor Vehicle Carriers.
Section 37-3-3 - Applicability of Chapter to Interstate Commerce.
Section 37-3-6 - Proprietary or Property Rights in Use of Highways Not Conferred by Chapter.
Section 37-3-7 - Powers and Duties of Commission Generally.
Section 37-3-8 - Commission Members Not to Have Pecuniary Interest, etc., in Carriers or Brokers.
Section 37-3-9 - Disposition of Matters Requiring Hearing.
Section 37-3-11 - Certificate of Public Convenience and Necessity - Issuance Generally.
Section 37-3-12.1 - Grant of Intrastate Charter Rights to Certain Common Carriers Authorized.
Section 37-3-13 - Contract Carrier Permits - Generally.
Section 37-3-14 - Contract Carrier Permits - Dual Operations.
Section 37-3-15 - Licensing and Regulation of Brokers.
Section 37-3-17 - Transfer of Certificates or Permits.
Section 37-3-18 - Bond or Other Security.
Section 37-3-20 - Tariffs of Common Carriers.
Section 37-3-22 - Accounts, Records and Reports.
Section 37-3-23 - Bills of Lading.
Section 37-3-23.1 - Unenforceability of Certain Motor Vehicle Transportation Contract Provisions.
Section 37-3-24 - Effective Date of Commission Orders.
Section 37-3-25 - Penalties for Violations.
Section 37-3-26 - Collection of Rates and Charges.
Section 37-3-30 - Additional Compensation of Commission Members.
Section 37-3-31 - Appropriation.
Section 37-3-32.1 - Administration of Unified Carrier Registration Act of 2005.
Section 37-3-33 - Municipal Privilege License Fees or Taxes.