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Title 49 of the United States Code is a positive law title of the United States Code with the heading "Transportation."[1]
Positive Law Codification
[edit]A non-positive law title of the U.S. Code is not itself the law but is prima facie evidence of the law. The underlying Acts are the positive law, not the title of the U.S. Code itself. When a positive law title is enacted, the acts of Congress are technically repealed and the US Code title becomes the law itself, hence "positive law."
For example, before Title 5 became positive law, the Administrative Procedures Act (June 11, 1946, ch. 324, 60 Stat. 237) was codified to Chapter 19 (§1001 et seq.) of Title 5. At that time, the "source credit" below each provision was "June 11, 1946, ch. 324, [section number], 60 Stat. [page number of the Statutes at Large]" with additional information on amendments to the Act if applicable.[2] When Title 5 became positive law in 1966, the Administrative Procedures Act was repealed[3] and the provisions of the APA were re-stated to***
was repealed and its provisions were re-stated in the new positive law title
Title 49 is one of only two among positive law titles of the U.S. Code that transitioned to positive law came in more than one (non-substantive) acts of Congress. The three acts of Congress enacting Title 49 as positive law were:
- Pub. L. 95–473, § 1, October 17, 1978, 92 Stat. 1337;
- Pub. L. 97–449, § 1, January 12, 1983, 96 Stat. 2413; and
- Pub. L. 103–272, July 5, 1994, 108 Stat. 745
In 1978, the much of the Interstate Commerce Act provisions were enacted as positive law at Title IV - Interstate Commerce.
The second act enacted large portions of the Department of Transportation Act (1966) and portions of the Federal Aviation Act of 1958 to Subtitle I - Department of Transportation and portions of the Department of Transportation Act (1966) and the Interstate Commerce Act related to motor carrier safety to Subtitle II - Transportation Programs.
The 1994 act moved the Subtitle II provisions to the new Subtitle VI - Motor Vehicle and Driver Programs and inserted a new Subtitle II, Other Government Agencies. In general the 1994 act, moved the provisions concerning the National Transportation Safety Board, which were derived from the Independent Safety Board of 1974 (PL 93-633, title III), to Subtitle II - Transportation Programs
Further, the 1994 act restated and enacted as positive law, provisions derived from the Hazardous Materials Transportation Act (PL 93-633, title I), the Federal Transit Act (PL 88-365, formerly known as the "Urban Mass Transportation Act of 1964"), *** to Subtitle III - General and Intermodal Programs.
In addition, the 1994 act moved portions of the Federal Railroad Safety Act of 1970 (PL 91-458, title II), the Hours of Service Act (Railroads) (1907, ch. 2939), all of the Rail Passenger Service Act (PL 91-518), and those parts of the Railroad Revitalization and Regulatory Reform Act related to Amtrak's Northeast Corridor from Title 45 - Railroads to Subtitled V -Rail Programs.
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| Subtitles | Codification Acts and History | Popular Names of Acts Codified | Post-Codification Developments |
|---|---|---|---|
| Subtitle I - Department of Transportation | Pub.L. 97–449 (1983) | Department of Transportation Act | Example |
| Subtitle II - Other Government Agencies | Example | Example | Example |
| Subtitle III - General and Intermodal Programs | Pub.L. 103-272 | Federal Transit Act[a][b] | Example |
| Subtitle IV - Interstate Transportation | Pub.L. 95-473 (1978) which gave Subtitle IV the heading "Interstate Commerce" | Interstate Commerce Act | ICC Termination Act of 1995 significantly amended Subtitle IV and gave it its current heading, "Interstate Transportation" |
| Subtitle V - Rail Programs | Example | Example | Example |
| Subtitle VI - Motor Vehicle and Driver Programs | Example | Example | Example |
| Subtitle VII - Aviation Programs | Example | Example | Example |
| Subtitle VIII - Pipelines | Example | Example | Example |
| Subtitle IX - Multimodal Freight Transportation | Example | Example | Example |
| Subtitle X - Miscellaneous | Example | Example | Example |
Subsequent Developments
[edit]- Subtitle I—Department of Transportation
- Subtitle II—Other Government Agencies
- Subtitle III—General and Intermodal Programs
- Subtitle IV—Interstate Transportation
- Subtitle V—Rail Programs
- Subtitle VI—Motor Vehicle and Driver Programs
- Subtitle VII—Aviation Programs
- Subtitle VIII—Pipelines
- Subtitle IX—Commercial Space Transportation
- Subtitle X—Miscellaneous
External links
[edit]- U.S. Code Title 49, via United States Government Printing Office
- U.S. Code Title 49, via Cornell University
- ^ "United States Code". Office of the Law Revision Counsel. Retrieved November 27, 2021.
- ^ United States Code (1964). Washington, DC: U.S. House Committee on the Judiciary. 1965. p. 440.
- ^ Pub. L. 89-554, Sept. 6, 1966, Section 8, 80 Stat. 632, 653 (PDF). Washington, DC: U.S. Government Printing Office. 1967. p. 632, 653.
- ^ Cite error: The named reference
Section1105was invoked but never defined (see the help page). - ^ "OR 18: Newberg Dundee Bypass Phase 2 Design Phase". Oregon Department of Transportation. Retrieved June 7, 2020.
- ^ Oregon Department of Transportation. "Bypass Opened January 6, 2018". Oregon Department of Transportation. Retrieved June 7, 2020.
Cite error: There are <ref group=lower-alpha> tags or {{efn}} templates on this page, but the references will not show without a {{reflist|group=lower-alpha}} template or {{notelist}} template (see the help page).