§10504. Exempt rail mass transportation

(a) In this section-

(1) "local governmental authority"-

(A) has the same meaning given that term by section 5302(a) of this title; and

(B) includes a person or entity that contracts with the local governmental authority to provide transportation services.

(2) "mass transportation" means transportation services described in section 5302(a) of this title that are provided by rail.

(b) The Interstate Commerce Commission does not have jurisdiction under this subtitle over mass transportation provided by a local governmental authority if-

(1) the Commission would have jurisdiction but for this section; and

(2) the fares of the local governmental authority, or its authority to apply to the Commission for changes in those fares, is subject to the approval or disapproval of the chief executive officer of the State in which the transportation is provided.

(c) Notwithstanding subsection (b) of this section, a local governmental authority, described in subsection (b), is subject to applicable laws of the United States related to-

(1) safety;

(2) the representation of employees for collective bargaining; and

(3) employment retirement, annuity, and unemployment systems or other provisions related to dealings between employees and employers.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1360 ; Pub. L. 97–449, §4(b)(4), Jan. 12, 1983, 96 Stat. 2441 ; Pub. L. 103–272, §4(j)(16), July 5, 1994, 108 Stat. 1369 .)

Historical and Revision Notes
Pub. L. 95–473

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
10504(a)	45:744(j)(2).	Jan. 2, 1974, Pub. L. 93–236, 87 Stat. 1008 , §304(j); added Feb. 5, 1976, Pub. L. 94–210, §804, 90 Stat. 139 ; Oct. 19, 1976, Pub. L. 94–555, §206, 90 Stat. 2621 .
10504(b)	45:744(j)(1).

In subsection (a)(2), the defined term "rail mass transportation" is substituted for "mass transportation services" as being more precise and for consistency with the terms of the subtitle.

In the introductory matter of subsection (b), before clause (1), the words "The Interstate Commerce Commission does not have jurisdiction under this subtitle over" are substituted for "no local public body . . . shall, . . . be subject to the Interstate Commerce Act" for clarity and to conform to the terms used in chapter 105 of the revised title.

In subsection (b)(2), the word "interstate" is omitted as unnecessary. The words "chief executive officer" are substituted for "Governor" as more appropriate in view of the definition of "State" that includes the District of Columbia.

The words "except as provided in subparagraph (B) of this paragraph" and subparagraph (B) are omitted as unnecessary because the Commission does not have jurisdiction over safety, collective bargaining, and employee benefit matters, and those matters are covered by other provisions of title 49 related to the Secretary of Transportation.

Pub. L. 97–449

Clause (4) restates section 304(j)(1)(B) of the Regional Rail Reorganization Act of 1973, that was added by section 804 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( Pub. L. 94–210, 90 Stat. 139 ). Section 304(j)(1)(B) was mistakenly omitted from the restatement of subtitle IV of title 49, Interstate Commerce. Clause (4) restates section 304(j)(1)(B) as section 10504(c) of title 49. The subsection is effective on the date of enactment of the Act of October 17, 1978.

Pub. L. 103–272

Section 4(j)(16) amends 49:10504 by substituting "local public authority" and "mass transportation" for "local public body" and "rail mass transportation", respectively, for consistency in the revised title, and by correcting and making conforming cross-reference amendments.

Amendments

1994-Subsec. (a)(1). Pub. L. 103–272, §4(j)(16)(A), substituted "local governmental authority" for "local public body".

Subsec. (a)(1)(A). Pub. L. 103–272, §4(j)(16)(C), substituted "section 5302(a)" for "section 1608(c)(2)".

Subsec. (a)(1)(B). Pub. L. 103–272, §4(j)(16)(A), substituted "local governmental authority" for "local public body".

Subsec. (a)(2). Pub. L. 103–272, §4(j)(16)(B), (D), substituted "mass transportation" for "rail mass transportation" and "section 5302(a)" for "section 1608(c)(5)".

Subsec. (b). Pub. L. 103–272, §4(j)(16)(A), (B), in introductory provisions substituted "mass transportation" for "rail mass transportation" and "local governmental authority" for "local public body".

Subsecs. (b)(2), (c). Pub. L. 103–272, §4(j)(16)(A), substituted "local governmental authority" for "local public body".

1983-Subsec. (c). Pub. L. 97–449 added subsec. (c), effective Oct. 17, 1978.