§10705. Authority: through routes, joint classifications, rates, and divisions prescribed by Interstate Commerce Commission
(a)(1) The Interstate Commerce Commission may, and shall when it considers it desirable in the public interest, prescribe through routes, joint classifications, joint rates (including maximum or minimum rates or both), the division of joint rates, and the conditions under which those routes must be operated, for a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I, II (except a motor common carrier of property), or III of chapter 105 of this title. When one of the carriers on a through route is a water carrier, the Commission shall prescribe a differential between an all-rail rate and a joint rate related to the water carrier if the differential is justified.
(2) The Commission may require a rail carrier to include in a through route substantially less than the entire length of its railroad and any intermediate railroad operated with it under common management or control if that intermediate railroad lies between the terminals of the through route only when-
(A) required under section 10741–10744 or 11103 of this title;
(B) one of the carriers is a water carrier;
(C) inclusion of those lines would make the through route unreasonably long when compared with a practicable alternative through route that could be established; or
(D) the Commission decides that the proposed through route is needed to provide adequate, and more efficient or economic, transportation.
The Commission shall give reasonable preference, subject to this subsection, to the rail carrier originating the traffic when prescribing through routes.
(3) The Commission may not prescribe-
(A) a through route, classification, practice, or rate between a street electric passenger railway not engaged in the general business of transporting freight in addition to its passenger and express business and (i) a rail carrier of a different character, or (ii) a water common carrier; or
(B) a through route or joint rate applicable to it to assist a participating carrier to meet its financial needs.
(b)(1) The Interstate Commerce Commission may, and shall when it considers it desirable in the public interest, prescribe through routes, joint classifications, joint rates (including maximum or minimum rates or both), the division of joint rates, and the conditions under which those routes must be operated, for a motor common carrier of property providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title with another such carrier or with a water common carrier of property.
(2) The Commission may not require a motor common carrier of property, without its consent, to include in a through route substantially less than the entire length of its route and the route of any intermediate carrier which is operated in conjunction and under common management or control with such motor common carrier of property which lies between the termini of such proposed through routes (A) unless inclusion of such routes would make the through route unreasonably circuitous as compared with another practicable through route which could otherwise be established, or (B) unless the Commission finds that the through route proposed to be established is needed in order to provide adequate, more efficient, or more economic transportation. In prescribing through routes the Commission shall, so far as is consistent with the public interest, and subject to the preceding sentence, give reasonable preference to the carrier which originates the traffic.
(c) The Commission shall prescribe the division of joint rates to be received by a carrier providing transportation subject to its jurisdiction under chapter 105 of this title when it decides that a division of joint rates established by the participating carriers under section 10703 of this title, or under a decision of the Commission under subsection (a) or (b) of this section, does or will violate section 10701 of this title. When prescribing the division of joint rates of a rail carrier, water carrier, or motor common carrier of property under this subsection, the Commission shall consider-
(1) the efficiency with which the carriers concerned are operated;
(2) the amount of revenue required by the carriers to pay their operating expenses and taxes and receive a fair return on the property held and used for transportation;
(3) the importance of the transportation to the public;
(4) whether a particular participating carrier is an originating, intermediate, or delivering line; and
(5) other circumstances that ordinarily, without regard to the mileage traveled, entitle one carrier to a different proportion of a rate than another carrier.
(d) If a division of a joint rate prescribed under a decision of the Commission is later found to violate section 10701 of this title, the Commission may decide what division would have been reasonable and order adjustment to be made retroactive to the date the complaint was filed, the date the order for an investigation was made, or a later date that the Commission decides is justified. The Commission may make a decision under this paragraph effective as part of its original decision.
(e) When the Commission suspends, for investigation, a tariff of a rail carrier, water common carrier, or motor common carrier of property that would cancel a through route, joint rate, or classification without the consent of all carriers that are parties to it or without authorization of the Commission, the carrier proposing the cancellation has the burden of proving that cancellation is consistent with the public interest without regard to subsection (a)(2) of this section. In determining whether a cancellation involving a rail carrier is consistent with the public interest, the Commission shall, to the extent applicable-
(1) compare the distance traveled and the average transportation time and expense required using (A) the through route, and (B) alternative routes, between the places served by the through route;
(2) consider any reduction in energy consumption that may result from cancellation; and
(3) consider the overall impact of cancellation on the shippers and carriers that are affected by it.
(f)(1) The Commission may begin a proceeding under subsection (a) or (b) of this section on its own initiative or on complaint. The Commission must complete all evidentiary proceedings to adjust the division of joint rates for transportation by a rail carrier within 9 months after the complaint is filed if the proceeding is brought on complaint or within 18 months after the commencement of a proceeding on the initiative of the Commission. The Commission must take final action by the 180th day after completion of the evidentiary proceedings, except that-
(A) when the proceeding involves a railroad in reorganization or a contention that the divisions at issue do not cover the variable costs of handling the traffic, the Commission shall give the proceedings preference over all other proceedings and shall take final action at the earliest practicable time, which in no event may exceed 100 days after the completion of the evidentiary proceedings; and
(B) in all cases other than those specified in subparagraph (A) of this paragraph, the Commission may decide to extend such a proceeding to permit its fair and expeditious completion, but whenever the Commission decides to extend a proceeding pursuant to this clause, it must report its reasons to Congress.
(2) When a carrier begins a proceeding to adjust the division of joint rates for transportation by a rail carrier under this section by filing a complaint with the Commission, the carrier must also file all of the evidence in support of its position with the complaint and, during the course of the proceeding may only file rebuttal or reply evidence unless otherwise ordered by the Commission.
(3) When the Commission receives a notice of intent to begin a proceeding to adjust the division of joint rates for transportation by a rail carrier under this section, the Commission shall allow the party filing the notice the same right to discovery that a party would have on filing a complaint under this section.
(g) When there is a shortage of equipment, congestion of traffic, or other emergency declared by the Commission, it may prescribe temporary through routes that are desirable in the public interest on its own initiative or on application without regard to subsection (f) of this section, subchapter II of chapter 103 of this title, and subchapter II of chapter 5 of title 5.
(h) Any motor common carrier of property who is a party to a through route and joint rate, whether established by such carrier under section 10703 of this title or prescribed by the Commission under subsection (b) of this section, shall promptly pay divisions or make interline settlements, as the case may be, with other carriers which are parties to such through route and joint rate. In the event of undue delinquency in the settlement of such divisions or interline settlements, such through routes and joint rates may be suspended or canceled under rules prescribed by the Commission.
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| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10705(a)(1) | 49:15(3) (1st sentence less words between 2d and 3d commas). | Feb. 4, 1887, ch. 104, §15(3), (4), (6), |
| 49:316(e) (2d sentence 2d cl. less words between 2d and 3d commas). | Feb. 4, 1887, ch. 104, |
|
| 49:907(d) (1st sentence less words between 2d and 3d commas, 2d sentence). | Feb. 4, 1887, ch. 104, |
|
| 10705(a)(2) | 49:15(4) (1st sentence). | |
| 10705(a)(3) | 49:15(3) (2d sentence), (4) (2d sentence). | |
| 49:907(d) (3d sentence). | ||
| 10705(b), (c) | 49:15(6)(a) (less words between 2d and 3d commas in 1st sentence). | |
| 49:316(f) (less words between 1st and 3d commas in 1st sentence). | ||
| 49:907(e) (less words between 1st and 2d commas in 1st sentence). | ||
| 10705(d) | 49:15(3) (less 1st and 2d sentences). | |
| 49:907(d) (less 1st, 2d, and 3d sentences). | ||
| 10705(e)(1) | 49:15(3) (1st sentence words between 2d and 3d commas), (6)(a) (1st sentence words between 2d and 3d commas), (b), (c). | |
| 49:316(e) (2d sentence words between 2d and 3d commas in 2d cl.), (f) (1st sentence words between 1st and 3d commas). | ||
| 49:907(d) (1st sentence words between 2d and 3d commas), (e) (1st sentence words between 1st and 2d commas). | ||
| 10705(e)(2) | 49:15(6)(d) (1st sentence). | |
| 10705(e)(3) | 49:15(6)(d) (less 1st sentence). | |
| 10705(f) | 49:15(4) (less 1st and 2d sentences). |
Throughout the section, the word "rates" is substituted for "rates, fares, or charges" in view of the definition of "rate" in section 10102 of the revised title. The words "of passengers or property" are omitted as surplus. The word "conditions" is substituted for "terms" and "conditions" to eliminate redundancy.
In subsection (a)(1), the words "In case of a through route" in 49:907(d) are omitted as surplus.
In subsection (a)(2), the words "In establishing any such through route" are omitted as unnecessary in view of the restatement. The words "required under section 10741–10744 or 11103 of this title" are substituted for "except as provided in section 3 of this title" as being more appropriate. The word "include" is substituted for "embrace" as being more appropriate. The words "in conjunction" are omitted as surplus. The last sentence is substituted for 49:15(4) (proviso) for clarity. The words "so far as is consistent with the public interest" are omitted as unnecessary because they are included in "subject to this subsection."
In subsection (b), the words "applicable to the transportation of passengers or property" are omitted as unnecessary in view of the restatement. The words "unjust, unreasonable, inequitable, or unduly preferential or prejudicial" are omitted as unnecessary in view of the cross reference to section 10701 of the revised subtitle in which the standards for division of joint rates are restated. The words "by order" are omitted as surplus. The words "just, reasonable and equitable" are omitted as unnecessary in view of section 10701 of the revised title. Also, see the revision note to section 10101 of the revised title. The word "traveled" is substituted for "haul" for clarity. The words "in accordance therewith" are omitted as surplus. The words "when prescribing" are substituted for "prescribing" and "determining" for consistency. The word "due" is omitted as surplus. The words "for transportation" are substituted for "in the service of transportation" for consistency. The words "among other things" are omitted as surplus.
In subsection (c), the word "retroactive" is substituted for "for the period subsequent" for clarity.
In subsection (d), the word "tariff" is substituted for "tariff or schedule" for consistency and in view of the definition of "tariff" in section 10102 of the revised title. The word "involving" is substituted for "With respect to" as being more appropriate. The words "proposed cancellation" are omitted as being included in "cancellation". The word "places" is substituted for "points" as being more appropriate.
In subsection (e)(1), the words "full hearing" are substituted for "hearing" in 49:316(f) (1st sentence words between 1st and 3d commas) 907(e) (1st sentence words between 1st and 2d commas) for consistency. The words "The Commission may decide to extend" are substituted for "unless the Commission finds that . . . must be extended" in 49:15(6)(c) for clarity. The words "shall issue" in 49:15(6)(c) are omitted as surplus. The 1st sentence of 49:15(6)(b) is omitted as executed. The words "must take final action by the 270th day after completion of the evidentiary proceedings" are substituted for "shall issue a final order . . . within 270 days after the submission to the Commission of a case" for clarity. See, report of the committee of conference on S. 2718 (S. Rep. 94–595), pages 144–145.
In subsection (e)(2) and (3), the words "whether prescribed by the Commission or otherwise established" are omitted as surplus. The words "also file . . . with the complaint" are substituted for "attach thereto" as being more appropriate. The word "allow" is substituted for "accord" for clarity.
In subsection (f), the word "When" is substituted for "In time of" for clarity. The cross reference to subchapter II of chapter 103 of the revised title and to title 5 are substituted for "at once, if it so orders, without answer or other formal pleadings by the interested carrier or carriers, and with or without notice, hearing, or the making or filing of a report" for consistency.
Amendments
1983-Subsec. (c).
1980-Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f)(1).
Subsec. (g).
Subsec. (h).
Effective Date of 1980 Amendment
Amendment by section 218(a) of
Section Referred to in Other Sections
This section is referred to in sections 10705a, 10910, 11705 of this title.