§10702. Authority for carriers to establish rates, classifications, rules, and practices

(a) A common carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title shall establish-

(1) rates, including divisions of joint rates, and classifications for transportation and service it may provide under this subtitle; and

(2) rules and practices on matters related to that transportation or service, including rules and practices on-

(A) issuing tickets, receipts, bills of lading, and manifests;

(B) carrying of baggage;

(C) the manner and method of presenting, marking, packing, and delivering property for transportation; and

(D) facilities for transportation.

(b) A contract carrier, except a motor contract carrier of property, providing transportation subject to the jurisdiction of the Commission under chapter 105 of this title shall establish, and file with the Commission, actual and minimum rates for the transportation it may provide under this subtitle and rules and practices related to those rates. However, this subsection does not require a motor contract carrier to maintain the same rates and rules related to those rates for the same transportation provided to shippers served by it. The Commission may grant relief from this subsection when relief is consistent with the public interest and the transportation policy of section 10101 of this title. The Commission may begin a proceeding under this subsection on application of a contract carrier or group of contract carriers or on its own initiative for a water contract carrier or group of water contract carriers.

(c) Contracts of Carriage for Motor Contract Carriers.-

(1) General rule.-A motor contract carrier providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title shall enter into a written agreement, separate from the bill of lading or receipt, for each contract for the provision of transportation subject to such jurisdiction which is entered into after the 90th day following the date of the enactment of this subsection.

(2) Minimum content requirements.-The written agreement shall, at a minimum-

(A) identify the parties thereto;

(B) commit the shipper to tender and the carrier to transport a series of shipments;

(C) contain the contract rate or rates for the transportation service to be or being provided; and

(D)(i) state that it provides for the assignment of motor vehicles for a continuing period of time for the exclusive use of the shipper; or

(ii) state that it provides that the service is designed to meet the distinct needs of the shipper.

(3) Retention by carrier.-All written agreements entered into by a motor contract carrier under paragraph (1) shall be retained by the carrier while in effect and for a minimum period of 3 years thereafter and shall be made available to the Commission upon request.

(4) Random audits by commission.-The Commission shall conduct periodic random audits to ensure that motor contract carriers are complying with this subsection and are adhering to the rates set forth in their agreements.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1372 ; Pub. L. 103–180, §6(a), Dec. 3, 1993, 107 Stat. 2050 ; Pub. L. 103–311, title II, §206(a), Aug. 26, 1994, 108 Stat. 1684 .)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
10702(a)	49:1(4) (2d sentence last cl.), (6) (less last sentence).	Feb. 4, 1887, ch. 104, §1(4) (2d sentence last cl.), (6) (less last sentence), 24 Stat. 379 ; June 29, 1906, ch. 3591, §1, 34 Stat. 584 ; Feb. 28, 1920, ch. 91, §400, 41 Stat. 474 ; June 19, 1934, ch. 652, §602(b), 48 Stat. 1102 ; Aug. 9, 1935, ch. 498, §1, 49 Stat. 543 ; Sept. 18, 1940, ch. 722, §2(c), (d), 54 Stat. 900 ; Aug. 2, 1949, ch. 379, §1, 63 Stat. 485 .
	49:316(a) (60th–143d words), (b) (less 16th–33d words), (c) (2d sentence).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §216(a) (60th–143d words), (b) (less 16th–33d words), (c) (2d sentence); added Aug. 9, 1935, ch. 498, §1, 49 Stat. 558 ; Sept. 18, 1940, ch. 722, §22(b), 54 Stat. 924 ; Aug. 24, 1962, Pub. L. 87–595, §1, 76 Stat. 397 .
	49:905(a) (less 1st sentence 1st cl. and last sentence), (b) (4th sentence).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §§305(a) (less 1st sentence 1st cl. and last sentence), (b) (4th sentence), 306(e) (1st sentence and 7th sentence proviso related to relief); added Sept. 18, 1940, ch. 722, §201, 54 Stat. 934 , 935; Aug. 24, 1962, Pub. L. 87–595, §2, 76 Stat. 398 .
	49:1004(a) (related to carrier authority).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §404(a) (related to carrier authority); added May 16, 1942, ch. 318, §1, 56 Stat. 286 .
10702(b)	49:318(a) (1st and 4th sentence, and 7th sentence proviso related to relief).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §218(a) (1st and 4th sentences, and 7th sentence proviso related to relief); added Aug. 9, 1935, ch. 498, §1, 49 Stat. 561 ; Sept. 18, 1940, ch. 722, §§16, 23(a), 54 Stat. 919 , 925; Aug. 13, 1957, Pub. L. 85–124, §13, 71 Stat. 343 .
	49:906(e) (1st sentence, and 7th sentence proviso related to relief).

The section consolidates and restates the source provisions for clarity.

In subsection (a), the word "shall" is substituted for "It shall be the duty of every" for clarity. The words "observe, and enforce" are omitted as surplus in view of the restatement. The authority to establish rates in this section is made applicable to rail, express, sleeping car, and pipeline carriers for consistency. The word "prejudice" is omitted as surplus. The word "rules" is substituted for "rules and regulations" for consistency when referring to carriers. The word "rates" is substituted for "rates, fares, charges" in view of the definition of "rate" in section 10102 of the revised title. The word "tariffs" is omitted as unnecessary. The words "personal, sample, and excess" are omitted as surplus. The words "related to" are substituted for "connected with" for clarity. The last 63 words of 49:1(6) (1st sentence) are omitted as surplus.

In subsection (b), the word "shall" is substituted for "It shall be the duty of every" for clarity. The words "and observe" are omitted as surplus. The word "rules" is substituted for "regulations" for consistency when referring to carriers. The words "However, this subsection" are inserted for clarity. The words "does not require" are substituted for "Nothing herein provided shall be so construed as to require" for clarity. The words "from this subsection" are substituted for "from the provisions of this paragraph" in 49:318(a) and "from the provisions of this subsection" in 49:906(e) to conform to the revised title. The words "to such extent and for such time, and in such manner as in its judgment" are omitted as unnecessary in view of the restatement. The words "may begin a proceeding under this subsection" are substituted for "after hearing" in view of subchapter II of chapter 103 of the revised subtitle and subchapter II of chapter 5 of title 5. The words "on application" are substituted for "may apply to" for clarity. The word "group" is substituted for "any class or group" as being more inclusive. The words "for good cause shown" in 49:906(e) (7th sentence proviso) are omitted as surplus in view of the specific criteria imposed by that section.

References in Text

The date of the enactment of this subsection, referred to in subsec. (c)(1), is the date of enactment of Pub. L. 103–180, which was approved Dec. 3, 1993.

Amendments

1994-Subsec. (b). Pub. L. 103–311 inserted ", except a motor contract carrier of property," after "A contract carrier".

1993-Subsec. (c). Pub. L. 103–180 added subsec. (c).

Section Referred to in Other Sections

This section is referred to in sections 10925, 11126, 11901, 11909 of this title.