§10101. Transportation policy
(a) Except where policy has an impact on rail carriers, in which case the principles of section 10101a of this title shall govern, to ensure the development, coordination, and preservation of a transportation system that meets the transportation needs of the United States, including the United States Postal Service and national defense, it is the policy of the United States Government to provide for the impartial regulation of the modes of transportation subject to this subtitle, and-
(1) in regulating those modes-
(A) to recognize and preserve the inherent advantage of each mode of transportation;
(B) to promote safe, adequate, economical, and efficient transportation;
(C) to encourage sound economic conditions in transportation, including sound economic conditions among carriers;
(D) to encourage the establishment and maintenance of reasonable rates for transportation, without unreasonable discrimination or unfair or destructive competitive practices;
(E) to cooperate with each State and the officials of each State on transportation matters; and
(F) to encourage fair wages and working conditions in the transportation industry;
(2) in regulating transportation by motor carrier, to promote competitive and efficient transportation services in order to (A) encourage fair competition, and reasonable rates for transportation by motor carriers of property; (B) promote Federal regulatory efficiency in the motor carrier transportation system and to require fair and expeditious regulatory decisions when regulation is required; (C) meet the needs of shippers, receivers, passengers, and consumers; (D) allow a variety of quality and price options to meet changing market demands and the diverse requirements of the shipping and traveling public; (E) allow the most productive use of equipment and energy resources; (F) enable efficient and well-managed carriers to earn adequate profits, attract capital, and maintain fair wages and working conditions; (G) provide and maintain service to small communities and small shippers and intrastate bus services; (H) provide and maintain commuter bus operations; (I) improve and maintain a sound, safe, and competitive privately owned motor carrier system; (J) promote greater participation by minorities in the motor carrier system; and (K) promote intermodal transportation; and
(3) in regulating transportation by motor carrier of passengers (A) to cooperate with the States on transportation matters for the purpose of encouraging the States to exercise intrastate regulatory jurisdiction in accordance with the objectives of this subtitle; (B) to provide Federal procedures which ensure that intrastate regulation is exercised in accordance with this subtitle; and (C) to ensure that Federal reform initiatives enacted by the Bus Regulatory Reform Act of 1982 are not nullified by State regulatory actions.
(b) This subtitle shall be administered and enforced to carry out the policy of this section.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10101 | 49:1 (note). | Feb. 4, 1887, ch. 104, |
In the introductory matter before clause (1) of subsection (a), the words "To ensure" are substituted for "all to the end of" for clarity. The words "by water, highway, and rail, as well as other means" are omitted as unnecessary. The words "that meets" are substituted for "adequate to meet" for clarity. The words "transportation needs of the United States" are substituted for "the needs of the commerce of the United States" for clarity. The words "including the" are inserted for clarity. The words "United States Postal Service" are substituted for "Postal Service" to reflect the complete name of the Government agency. The words "it is the policy of the United States Government" are substituted for "It is hereby declared to be the national transportation policy of the Congress" for clarity since the policy has been enacted into law. The words "fair and" are omitted to eliminate redundancy. The words "subject to this subtitle" are substituted for "subject to the provisions of this act" for clarity and to conform to the revised title.
In subsection (a)(2), the words "efficient transportation" are substituted for "efficient service" for clarity and consistency in view of the definition of "transportation" in section 10102 of the revised title.
In subsection (a)(3), the words "encourage sound" are substituted for "foster sound" for clarity. The words "including sound economic conditions among carriers" are substituted for "and among the several carriers" for clarity.
In subsection (a)(4), the word "rates" is substituted for "charges" for clarity and consistency. The words "unreasonable discrimination" are substituted for "unjust discriminations, undue preferences or advantages" for clarity, consistency, and to conform to modern usage. See the note after the revision note for subsection (b).
In subsection (a)(5), the words "officials of each State" are substituted for "duly authorized official thereof" for clarity.
In subsection (a)(6), the words "in the transportation industry" are inserted for clarity.
In subsection (b), the words "with a view" and "the above declaration" are omitted as unnecessary. The word "subtitle" is substituted for "Act" to conform to the revised title.
Clarification of use of "reasonable" and "discrimination"
Throughout the bill, the term "reasonable" is substituted for "just and reasonable" and "discrimination" is substituted for "preference", "prejudice", "advantage", and "disadvantage" for clarity, consistency, and to conform to modern usage. See Missouri, Kansas & Texas Railway Co. v. Harriman, 227 U.S. 657, 1913; United States v. P. Koenig Coal Co., 270 U.S. 512, 1926; Arizona Grocery Co. v. Atchison, Topeka & Santa Fe Railway Co., 284 U.S. 370, 1932; Union Pacific R. Co. v. United States, 313 U.S. 450, 1941; Federal Power Commission v. Natural Gas Pipeline Co., 315 U.S. 575, 1942; Federal Power Commission v. Hope Natural Gas Co., 320 U.S. 591, 1944; United States ex rel. Morris v. Delaware, L. & W.R. Co., 40 F. 101, Cir. Ct. N.Y., 1889. The change does not affect the substantive law. The words for which the substitutions are made are used inconsistently throughout the Interstate Commerce Act and related laws and are often used in series with other synonymous words. As the editors of the U.S. Code Service point out in an explanatory note to section 2 of title 49:
Explanatory note.-In using the annotations following, it must be borne in mind that the words "unjust discrimination" [the term employed in this section] and "preference and prejudice" [the terms employed in §3(1) of this title] have been used in innumerable instances by the courts and by the commission as interchangeable. The Elkins Act [§§41–43 of this title] employs the word "discrimination" without the qualifying adjective "unjust." It is impossible in the great majority of cases to determine from the opinions whether this section, or §3(1) of this title, or the Elkins Act [§§41–43 of this title] was the basis of the decision, because of the use of the terms interchangeably, or the use of "unjust discrimination" as covering violations of §3(1) of this title, or the omission to specify the particular provision of law under immediate consideration, or because both this section and §3(1) of this title, may have been pleaded and referred to as the basis of the decision. There is some similar confusion in the cases between this section and the provisions of §1(5) of this title, requiring all rates to be just and reasonable, and §1(6) of this title, requiring just and reasonable classifications, and transportation regulations and practices.
While the amendments made to the Interstate Commerce Act by
| Interstate Commerce Act section | Words used |
|---|---|
| Before §1 | "reasonable charges", "unjust discriminations", "undue preferences or advantages", "unfair or destructive competitive practices". |
| 1(4) | "reasonable through routes", "just and reasonable rates, fares, charges, and classifications", "reasonable facilities", "just, reasonable, and equitable divisions [of joint rates, fares, or charges]". |
| 1(5)(a) | "unduly prefer or prejudice", "just and reasonable [charges]", "unjust and unreasonable charge". |
| 1(5)(b) | "just and reasonable [rates]", "unjust or unreasonable [rates]". |
| 1(6) | "just and reasonable classifications of property", "just and reasonable regulations and practices", "just and reasonable terms", "unjust and unreasonable classification, regulation, and practice". |
| 1(9) | "without discrimination". |
| 1(11) | "just and reasonable rules, regulations, and practices with respect to car service", "unjust and unreasonable". |
| 1(12) | "just and reasonable distribution of cars", "just and reasonable ratings", "justness and reasonableness of, or discrimination or preference or prejudice or advantage or disadvantage in, the distribution of cars". |
| 1(15) | "just and reasonable directions", "just and reasonable" terms of compensation. |
| 1(16)(a) | "just and reasonable directions". |
| 1(17)(a) | "just and reasonable freight and passenger service". |
| 2 | "unjust discrimination". |
| 3(1) | "undue or unreasonable preference or advantage", "undue or unreasonable prejudice or disadvantage". |
| 3(2) | "unjust discrimination". |
| 3(4) | "reasonable, proper, and equal facilities for the interchange of traffic", "shall not discriminate in their rates, fares, and charges between connecting lines", "unduly prejudice". |
| 3(5) | "just and reasonable" terms of compensation. |
| 4(1) | "reasonably compensatory". |
| 5(2)(b) | "just and reasonable" modifications. |
| 10(1) | "unlawful discrimination in rates, fares, or charges". |
| 10(4) | "discriminate unjustly", "unjust discrimination". |
| 12(1)(b) | "undue burden" on a person, class of persons, or interstate or foreign commerce. |
| 13(4) | "undue or unreasonable advantage, preference, or prejudice", "undue, unreasonable, or unjust discrimination against, or undue burden on, interstate or foreign commerce". |
| 15(1) | "unjust or unreasonable or unjustly discriminatory or unduly preferential or prejudicial", "just and reasonable . . . rate, fare, or charge", "just, fair, and reasonable [classification, regulation, or practice]". |
| 15(6)(a) | "unjust, unreasonable, inequitable, or unduly preferential or prejudicial [division of joint rates, fares, or charges]", "just, reasonable, and equitable divisions". |
| 15(7) | "lawfulness of such rate, fare, charge, classification, regulation, or practice", rates or charges "not justified", "just and reasonable". |
| 15(8)(a) | "lawfulness" of such rate, fare, charge, classification, regulation, or practice. |
| 15(8)(b) | rate "exceeds a just and reasonable level". |
| 15(8)(d) | "unlawful" rate increase or decrease. |
| 15(8)(e) | "lawful" rate, fare, or charge decrease. |
| 15(8)(f) | "just and reasonable" changed rate, fare, charge, classification, rule, or regulation. |
| 15(9) | "unreasonably high" rate, "lawfulness", "just or reasonable" maximum increased rate. |
| 15(15) | "just and reasonable [charge and allowance]", "reasonable [maximum] charge". |
| 15(19) | "unlawful [schedule]". |
| 15a(2) | "just and reasonable rates". |
| 15a(3) | "a reasonable minimum rate". |
| 15a(4) | "fair, reasonable, and economic profit or return (or both)". |
| 16(5) | "lawfulness of rates, fares, charges, classifications, or practices". |
| 17(7) | "unjust or unwarranted" decision. |
| 204(a)(1), (2) | "reasonable requirements" for service, transportation of baggage and express, uniform system of accounts, etc. |
| 204(a)(3) | "reasonable requirements" to promote safety. |
| 204(a)(4) | "reasonable requirements" for licensing brokers, etc. |
| 204(b) | "just and reasonable classifications" of brokers and groups of carriers. |
| 204a(5) | reparations are damages from charges that are "unjust and unreasonable, or unjustly discriminatory or unduly preferential or unduly prejudicial". |
| 216(a) | "reasonable through routes", "just and reasonable . . . rates, fares, and charges", "just and reasonable regulations and practices", "just, reasonable, and equitable divisions [of rates, fares, and charges]". |
| 216(b) | "just and reasonable rates, charges, and classifications", "just and reasonable regulations and practices". |
| 216(c) | "reasonable through rates and joint rates, charges, and classifications", "just and reasonable regulations and practices", "just, reasonable, and equitable divisions", "unduly prefer or prejudice". |
| 216(d) | "just and reasonable [charges]", "unjust and unreasonable charge", "undue or unreasonable preference or advantage", "unjust discrimination", "undue or unreasonable prejudice or disadvantage". |
| 216(e) | "unjust or unreasonable [rate, fare, charge, classification, rule, regulation, or practice of a service]", "unjustly discriminatory or unduly preferential or unduly prejudicial", "lawful rate, fare, or charge or the maximum or minimum rate, fare, or charge", "lawful classification, rule, regulation, or practice". |
| 216(f) | division of joint rates, fares, and charges: "unjust, unreasonable, inequitable, or unduly preferential or prejudicial", "just, reasonable, and equitable divisions". |
| 216(g) | "lawfulness of such rate, fare, or charge, or such rule, regulation, or practice", "proposed changed rate, fare, charge, classification, rule, regulation, or practice is just and reasonable". |
| 216(h) | "justness and reasonableness of any rate, fare, or charge". |
| 216(i) | "just and reasonable rates, fares, and charges . . . and classifications, regulations, and practices". |
| 218(a) | "reasonable minimum rates and charges", "reasonable regulations and practices". |
| 218(b) | "just and reasonable minimum rate or charge, or such rule, regulation, or practice". |
| 218(c) | "lawfulness of such charge, or such rule, regulation, or practice". |
| 221(a) | "lawfulness of rates, fares, charges, classifications, or practices". |
| 304(c) | "just and reasonable classifications of groups of carriers". |
| 304(d) | "undue disadvantage". |
| 305(a) | "just and reasonable rates, fares, charges, and classifications, and just and reasonable regulations and practices", "unjust and unreasonable charge [for a service]". |
| 305(b) | "reasonable through routes", "just and reasonable rates, fares, charges, and classifications", "reasonable facilities", "reasonable rules and regulations", "reasonable through routes and rates, fares, charges, and classifications", "just, reasonable, and equitable divisions". |
| 305(c) | "undue or unreasonable preference or advantage", "unjust discrimination or any undue or unreasonable prejudice or advantage, or an unfair or destructive competitive practice". |
| 305(d) | "reasonable, proper, and equal facilities", "not discriminate [in rates, fares, and charges], or unduly prejudice . . .". |
| 306(e) | "reasonable minimum rates and charges", "reasonable regulations, and practices", "reasonable minimum rates and charges". |
| 307(b) | "unjust or unreasonable [rate, fare, charge, regulation, practice, or classification]", "unjustly discriminatory or unduly preferential or prejudicial", "lawful rates, fare, or charge or the maximum or minimum", "lawful regulation, practice, or classification". |
| 307(c) | "justness or reasonableness of any rate, fare, or charge". |
| 307(d) | "reasonable differentials". |
| 307(e) | division of joint rates: "unjust, unreasonable, inequitable, or unduly preferential or prejudicial", "just, reasonable, and equitable divisions". |
| 307(f) | "just and reasonable rates, fares, and charges, . . . and classifications, regulations, and practices". |
| 307(g) | "lawfulness of such rate, fare, charge, classification, regulation, or practice". |
| 307(h) | "just and reasonable minimum rate or charge, or such rule, regulation, or practice", "no advantage or preference". |
| 307(i) | "lawfulness of such charge, or such rule, regulation, or practice". |
| 314 | "just and reasonable [charge or allowance]", "reasonable charge". |
| 315(a) | "lawfulness of rates, fares, charges, classifications, or practices". |
| 316(b) | "reasonableness of rates, fares, or charges, and the discriminatory character thereof". |
| 403(b) | "reasonable requirements" for service. |
| 404(a) | "just and reasonable rates and charges", "just and reasonable classifications, regulations, and practices", "unjust or unreasonable rate, charge, classification, regulation, or practice". |
| 404(b) | "undue or unreasonable preference or advantage", "unjust discrimination or any undue or unreasonable prejudice or disadvantage". |
| 404(c) | "undue or unreasonable preference or advantage", "undue or unreasonable prejudice or disadvantage". |
| 405(c) | rates or charges "lawfully in effect". |
| 406(b) | rate or charge: "unjust or unreasonable or unjustly discriminatory, or unduly preferential or prejudicial", "lawful" rate, charge, maximum, minimum, classification, regulation, or practice. |
| 406(c) | "justness or reasonableness of any rate or charge". |
| 406(d) | "just and reasonable rates and charges . . ., and classifications, regulations and practices". |
| 406(e) | "lawfulness" of the rate, charge, classification, regulation, or practice. |
| 406(f) | "rate, charge, classification, regulation, or practice causes any undue or unreasonable advantage, preference, or prejudice", "undue, unreasonable, or unjust discrimination against interstate commerce". |
| 406a(5) | "unjust and unreasonable [charges], or unjustly discriminatory or unduly preferential or unduly prejudicial". |
| 409(a) | "just, reasonable, and equitable terms, conditions, and compensation which shall not unduly prefer or prejudice". |
| 414 | "unjust discrimination or undue preference or prejudice". |
| 415 | "just and reasonable" charges and allowances. |
| 416(a) | "lawfulness of rates, charges, classifications, or practices". |
References in Text
The Bus Regulatory Reform Act of 1982, referred to in subsec. (a)(3), is
Amendments
1994-Subsec. (a)(2).
1982-Subsec. (a).
1980-Subsec. (a).
Subsec. (a)(7).
Effective Date of 1994 Amendment
Section 212 of title II of
Effective Date of 1982 Amendment
Section 31 of
"(a) Except as provided in subsections (b) and (c) of this section, this Act [see Short Title of 1982 Amendment note below] shall take effect on the 60th day after the date of enactment of this Act [Sept. 20, 1982].
"(b) The amendment made by section 10(e)(4) of this Act [amending provisions set out as a note under section 10706 of this title] shall take effect on October 1, 1982.
"(c) The provisions of sections 6(g) and 30 of this Act [amending sections 10922 and 10525 of this title, respectively] shall take effect on the date of enactment of this Act [Sept. 20, 1982]."
Effective Date of 1980 Amendment
Section 710 of
"(a) Except as provided in subsections (b), (c), and (d) of this section, the provisions of this Act and the amendments made by this Act [see Short Title of 1980 Amendments note below] shall take effect on October 1, 1980.
"(b) Section 206 of this Act [enacting section 10712 of this title] shall take effect on January 1, 1981.
"(c) Section 218(b) of this Act [amending section 10705 of this title] shall take effect on October 1, 1983.
"(d) Section 701 of this Act [enacting section 1018 of Title 45, Railroads, and amending sections 231f, 825, 906, 913, 914, 1002, 1005, 1007, and 1008 of Title 45] shall take effect on the date of enactment of this Act [Oct. 14, 1980]."
Short Title of 1994 Amendment
Section 201 of title II of
Short Title of 1993 Amendment
Short Title of 1986 Amendment
Short Title of 1982 Amendment
Section 1 of
Short Title of 1980 Amendments
Section 1 of
Section 1 of
Limitation on Statutory Construction
Congressional Findings and Declaration of Policy
"(1) a safe, sound, and competitive surface freight forwarder industry is important to the national transportation system;
"(2) the statutes governing Federal regulation of the freight forwarder industry are outdated and must be revised to reflect present and future transportation needs and realities;
"(3) protective regulation has resulted in anticompetitive pricing and has restricted the range of price and service options available to shippers;
"(4) in order to reduce the uncertainty experienced by the Nation's transportation industries, the Interstate Commerce Commission's remaining responsibilities for the regulation of surface freight forwarders should be eliminated in accordance with this Act [see Short Title of 1986 Amendment note above]; and
"(5) legislative and resulting changes should be implemented with the least amount of disruption consistent with achieving the reforms enacted."
Sections 3, 4 of
"(a) The Congress hereby finds-
"(1) that a safe, stable, and financially sound system of transportation of household goods by motor common carriers is vital to the maintenance of a strong national economy and a strong national defense;
"(2) that the best means of assuring such a system is through competition and reduced regulation;
"(3) that maximum flexibility on the part of the carriers in the pricing of their services best serves the shippers of household goods and allows a variety of quality and price options to meet market demands; and
"(4) that the interest of individual shippers can be best protected by allowing carriers of household goods maximum flexibility in serving the needs of their shippers, by providing accurate and complete information concerning carriers' performance and individual shippers' rights and remedies, by reducing the amount of unnecessary regulations, and by strengthening remedies for violations of those regulations that are necessary for protection of individual shippers.
"(b) The appropriate authorizing committees of Congress shall conduct periodic oversight hearings on the effects of this legislation, no less than annually for the first 5 years following the date of enactment of this Act [Oct. 15, 1980], to ensure that this Act [see Short Title of 1980 Amendment note set out above] is being implemented according to congressional intent and purpose."
Section 3 of
"(a) The Congress hereby finds that a safe, sound, competitive, and fuel efficient motor carrier system is vital to the maintenance of a strong national economy and a strong national defense; that the statutes governing Federal regulation of the motor carrier industry are outdated and must be revised to reflect the transportation needs and realities of the 1980's; that historically the existing regulatory structure has tended in certain circumstances to inhibit market entry, carrier growth, maximum utilization of equipment and energy resources, and opportunities for minorities and others to enter the trucking industry; that protective regulation has resulted in some operating inefficiencies and some anticompetitive pricing; that in order to reduce the uncertainty felt by the Nation's transportation industry, the Interstate Commerce Commission should be given explicit direction for regulation of the motor carrier industry and well-defined parameters within which it may act pursuant to congressional policy; that the Interstate Commerce Commission should not attempt to go beyond the powers vested in it by the Interstate Commerce Act [Feb. 4, 1887, ch. 104,
"(b) The appropriate authorizing committees of Congress shall conduct periodic oversight hearings on the effects of this legislation, no less than annually for the first 5 years following the date of enactment of this Act [July 1, 1980], to ensure that this Act [see Short Title of 1980 Amendment note set out above] is being implemented according to congressional intent and purpose."
Purpose
Section 203 of title II of
Section 2 of
Section 2 of
Section Referred to in Other Sections
This section is referred to in sections 302, 10321, 10505, 10525, 10526, 10544, 10702, 10704, 10706, 10708, 10721, 10761, 10762, 10766, 10922, 10923, 10924, 10930, 10933, 10935, 11108, 11343 of this title; title 33 section 1803.