§10703. Authority for carriers to establish through routes

(a) A carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title shall establish through routes as follows:

(1) Rail, express, sleeping car, and pipeline carriers shall establish through routes with each other and shall establish rates and classifications applicable to those routes.

(2) Rail and water common carriers shall establish through routes with each other and shall establish rates and classifications applicable to those routes.

(3) A motor common carrier of passengers shall establish through routes with other carriers of the same type and shall establish individual and joint rates applicable to them.

(4)(A) A motor common carrier of property may establish through routes and joint rates and classifications applicable to them with other carriers of the same type, with rail and express carriers, and with water common carriers, including those referred to in subparagraph (D) of this paragraph.

(B) A motor common carrier of passengers may establish through routes and joint rates applicable to them with rail carriers or water common carriers, including those referred to in subparagraph (D) of this paragraph, or both.

(C) Water common carriers shall establish through routes with each other and shall establish rates and classifications applicable to those routes and may establish-

(i) through routes and rates and classifications applicable to them with motor common carriers; and

(ii) through routes and joint rates and classifications applicable to them with water common carriers referred to in subparagraph (D)(ii) of this paragraph.

(D) A through route or joint rate or classification authorized to be established with a carrier referred to in this subparagraph may be established with a water common carrier providing transportation subject to-

(i) the jurisdiction of the Commission under subchapter III of chapter 105 of this title; or

(ii) section 1 of the Shipping Act, 1916 (46 App. U.S.C. 801) or the Intercoastal Shipping Act, 1933 (46 App. U.S.C. 843 et seq.) (including persons holding themselves out to transport goods by water but not owning or operating vessels) and providing transportation of property between Alaska or Hawaii and the other 48 States.

A through route and a rate, classification, rule, or practice related to a through route with a water common carrier referred to in this subparagraph is subject to the provisions of this subtitle governing the type of carrier establishing the rate, classification, rule, or practice.

(E) A household goods freight forwarder may enter into contracts with a rail carrier or with a water common carrier providing transportation subject to the Shipping Act, 1916 (46 App. U.S.C. 801 et seq.) or the Intercoastal Shipping Act, 1933 (46 App. U.S.C. 843 et seq.). Not later than 180 days after the date of enactment of this subparagraph, the Commission shall promulgate regulations implementing the provisions of this subparagraph.

(b) A carrier providing transportation subject to the jurisdiction of the Commission under subchapter I, II (insofar as motor carriers of property are concerned), or III of chapter 105 of this title that establishes a through route with another carrier under this section shall establish rules for its operation and provide-

(1) reasonable facilities for operating the through route; and

(2) reasonable compensation to persons entitled to compensation for services related to the through route.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1372 ; Pub. L. 96–296, §22(a), (h), July 1, 1980, 94 Stat. 812 , 814; Pub. L. 97–449, §5(g)(5), Jan. 12, 1983, 96 Stat. 2443 ; Pub. L. 98–216, §2(11), Feb. 14, 1984, 98 Stat. 5 ; Pub. L. 99–521, §7(a), Oct. 22, 1986, 100 Stat. 2994 ; Pub. L. 103–272, §5(m)(21), July 5, 1994, 108 Stat. 1377 .)

Historical and Revision Notes
Pub. L. 95–473

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
10703(a)(1), (2)	49:1(4) (1st sentence related to through routes).	Feb. 4, 1887, ch. 104, §1(4) (1st sentence related to through routes and 2d sentence less last cl.), 24 Stat. 379 ; June 29, 1906, ch. 3591, §1, 34 Stat. 584 ; Feb. 28, 1920, ch. 91, §400, 41 Stat. 474 ; Aug. 9, 1935, ch. 498, §1, 49 Stat. 543 ; restated Sept. 18, 1940, ch. 722, §2(c), 54 Stat. 900 .
	49:905(b) (1st sentence 1st–43d words).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §305(b) (less 4th sentence); added Sept. 18, 1940, ch. 722, §201, 54 Stat. 934 ; Aug. 24, 1962, Pub. L. 87–595, §2, 76 Stat. 398 .
10703(a)(3)	49:316(a) (1st–24th and 45th–59th words).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §216(a) (1st–24th, 45th–59th words), (c) (less 2d sentence); added Aug. 9, 1935, ch. 498, §1, 49 Stat. 558 ; Aug. 24, 1962, Pub. L. 87–595, §1, 76 Stat. 397 .
10703(a)(4) (A), (B)	49:316(c) (1st sentence).
10703(a)(4) (C)	49:905(b) (2d sentence and 3d sentence 1st–25th words).
10703(a)(4) (D)	49:316(c) (less 1st and 2d sentences).
	49:905(b) (3d sentence less 1st–25th words).
10703(b)	49:1(4) (less 1st sentence and 2d sentence last cl.).
	49:905(b) (less 1st sentence 1st–43d words, 2d, 3d, and 4th sentences).

The section consolidates and restates the source provisions for clarity. In subsection (a), the words "under subchapter I of chapter 105 of this title" are substituted for "subject to this chapter" to conform to the revised title. The words "providing transportation subject to the jurisdiction of the Interstate Commerce Commission" are substituted for "subject to chapter 12" to conform to the revised title. The word "rates" is substituted for "rates, fares, charges" in view of the definition of "rate" in section 10102 of the revised title.

In subsection (b), the words "establish rules for its operation" are substituted for "and to make reasonable rules and regulations with respect to their operation" from 49:1(4) for clarity, and the word "reasonable" is omitted in view of section 10701 of the revised title. The words "for services related to the through route" are substituted for "those entitled thereto" for clarity.

Pub. L. 98–216

This is necessary to conform an amendment made by section 5(g)(2) and (5) of the Act of January 12, 1983 ( Pub. L. 97–449, 96 Stat. 2443 ).

References in Text

The Shipping Act, 1916, referred to in subsec. (a)(4)(E), is act Sept. 7, 1916, ch. 451, 39 Stat. 728 , as amended, which is classified generally to chapter 23 (§801 et seq.) of Title 46, Appendix, Shipping. Section 1 of the Shipping Act, 1916, is classified to section 801 of Title 46, Appendix. For complete classification of this Act to the Code, see section 842 of Title 46, Appendix, and Tables.

The Intercoastal Shipping Act, 1933, referred to in subsec. (a)(4)(D)(ii), (E), is act Mar. 3, 1933, ch. 199, 47 Stat. 1425 , as amended, which is classified generally to chapter 23A (§843 et seq.) of Title 46, Appendix. For complete classification of this Act to the Code, see section 848 of Title 46, Appendix, and Tables.

The date of enactment of this subparagraph, referred to in subsec. (a)(4)(E), is the date of enactment of Pub. L. 96–296, which was approved July 1, 1980.

Amendments

1994-Subsec. (a)(4)(D)(ii). Pub. L. 103–272, §5(m)(21)(A), inserted "App." after "(46" in two places.

Subsec. (a)(4)(E). Pub. L. 103–272, §5(m)(21)(B), substituted "(46 App. U.S.C. 801 et seq.)" for "(46 U.S.C. 801 et seq.)" and "(46 App. U.S.C. 843 et seq.)" for "(46 U.S.C. 843–848)".

1986-Subsec. (a)(4)(E). Pub. L. 99–521 inserted "household goods" before "freight forwarder".

1984-Subsec. (a)(4)(D)(ii). Pub. L. 98–216 substituted "(46 U.S.C. 843 et seq.)" for "(46 U.S.C. 843–848)".

1983-Subsec. (a)(4)(D)(ii). Pub. L. 97–449 substituted "section 1 of the Shipping Act, 1916 (46 U.S.C. 801) or the Intercoastal Shipping Act, 1933 (46 U.S.C. 843–848)" for "section 801 or sections 843–848 of title 46".

1980-Subsec. (a)(4)(E). Pub. L. 96–296, §22(h), added subpar. (E).

Subsec. (b). Pub. L. 96–296, §22(a), inserted ", II (insofar as motor carriers of property are concerned)," after "subchapter I".

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–521 effective 60 days after Oct. 22, 1986, see section 15 of Pub. L. 99–521, set out as a note under section 10102 of this title.

Section Referred to in Other Sections

This section is referred to in sections 10705, 11126 of this title.