§10722. Special passenger rates

(a) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I, II, or III of chapter 105 of this title may establish mileage, excursion, and commutation passenger rates including joint interchangeable 5,000 mile passenger rates with the privilege of carrying an amount of baggage without charge for at least 1,000 miles. A carrier that establishes a rate under this subsection may issue tickets reflecting that rate. A carrier that establishes a joint interchangeable 5,000 mile passenger rate shall also establish rules related to that rate specifying the amount of baggage that may be carried without charge under it.

(b) A common carrier providing transportation subject to the jurisdiction of the Commission under one of those subchapters may establish reduced rates for individuals when the cost of that transportation is an expense of an individual who-

(1) is a member of the armed forces of the United States or another country when that individual is traveling in uniform on official leave, furlough, or pass; or

(2) has been released from the armed forces of the United States not more than 30 days before beginning that transportation and is traveling home or to a prospective place of abode.

(c) A common carrier providing transportation subject to the jurisdiction of the Commission under one of those subchapters may provide transportation without charge for an individual who is-

(1) a necessary caretaker of livestock, poultry, milk, or fruit;

(2) an executive officer, general chairman, or counsel of an employee organization authorized to represent employees of that carrier under chapter 8 of title 45;

(3) an employee in charge of the mails when working or traveling to or from work;

(4) a newspaper carrier on a train;

(5) a baggage agent; or

(6) a witness attending a legal investigation in which that carrier has an interest.

(d)(1) In this subsection-

(A) "employee of a carrier" includes an individual who-

(i) is furloughed, pensioned, or not on active duty because of advanced age or infirmity that occurred while the individual was employed by that carrier;

(ii) is being transported for purposes of reemployment by that carrier; or

(iii) was killed while employed by a carrier.

(B) "family" refers to the family of an individual named in clause (A) of this paragraph and includes the surviving spouse or minor child of an employee who died while employed by a carrier.

(2) A common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I, II, or III of chapter 105 of this title may provide transportation without charge for officers and employees (and their families) of that carrier, another carrier (by exchange of passes or tickets), or a telegraph, telephone, or cable company. A household goods freight forwarder providing service subject to the jurisdiction of the Commission under subchapter IV of that chapter may provide services related to movement of property for those individuals without charge. However, transportation of, or service provided for, household goods must be due to a change in the place of employment of an officer or employee while employed by that carrier.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1384 ; Pub. L. 97–261, §29(a), (b), Sept. 20, 1982, 96 Stat. 1128 ; Pub. L. 99–521, §7(e), Oct. 22, 1986, 100 Stat. 2995 .)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
10722(a)	49:22(1) (1st sentence (77th–86th words and 2d proviso), 2d, 3d, and 4th sentences).	Feb. 4, 1887, ch. 104, §22(1) (1st sentence (77th–86th words, words between 2d and 5th semicolons, and 2d proviso), 2d, 3d, and 4th sentences), 24 Stat. 387 ; Mar. 2, 1889, ch. 382, §9, 25 Stat. 862 ; Feb. 8, 1895, ch. 61, §1, 28 Stat. 643 ; Aug. 18, 1922, ch. 280, §1, 42 Stat. 487 ; Aug. 9, 1935, ch. 498, §1, 49 Stat. 543 ; Sept. 27, 1944, ch. 423, §1, 58 Stat. 751 .
	49:317(b) (proviso).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §217(b) (proviso); added Aug. 9, 1935, ch. 498, §1, 49 Stat. 560 ; Sept. 18, 1940, ch. 722, §22(e), 54 Stat. 925 .
	49:906(c) (proviso).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §306(c) (proviso); added Sept. 18, 1940, ch. 722, §201, 54 Stat. 936 .
10722(b)	49:22(1) (1st sentence words between 2d and 4th semicolons).
	49:317(b) (proviso).
	49:906(c) (proviso).
10722(c), (d)	49:1(7) (1st sentence words before 2d semicolon, words between 5th semicolon and 21st word after 7th semicolon, 1st–18th words after 9th semicolon, 1st proviso (words before semicolon), 2d, and 3d provisos).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §1(7) (1st sentence words before 2d semicolon, words between 5th semicolon and 21st word after 7th semicolon, 1st–18th words after 9th semicolon, 1st proviso (words before semicolon), 2d, and 3d provisos); added June 29, 1906, ch. 3591, §1, 34 Stat. 584 ; Apr. 13, 1908, ch. 143, §1, 35 Stat. 60 ; restated June 18, 1910, ch. 309, §7, 36 Stat. 546 ; Feb. 28, 1920, ch. 91, §401, 41 Stat. 475 ; June 19, 1934, ch. 652, §602(b), 48 Stat. 1102 ; Aug. 9, 1935, ch. 498, §1, 49 Stat. 543 ; Sept. 18, 1940, ch. 722, §3, 54 Stat. 900 ; June 24, 1948, ch. 622, §1, 62 Stat. 602 .
	49:22(1) (1st sentence words between 4th and 5th semicolons).
	49:317(b) (proviso).
	49:906(c) (proviso).
	49:1005(c) (proviso).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §405(c) (proviso); added May 16, 1942, ch. 318, §1, 56 Stat. 287 .

In subsection (a), the text of the provisos in 49:317(b) and 906(c) is omitted in view of the restatement. The words "may establish" are inserted for clarity. In the first sentence, the word "rates" is substituted for "tickets" for clarity. The words "without charge" are substituted for "free" for clarity. The words "at least" are substituted for "or more" for clarity. The 2d, 3d, and 4th sentences of 49:22(1) are omitted as unnecessary in view of subchapter IV of chapter 107 and chapter 119 of the revised title.

In subsection (b), the provisos in 49:317(b) and 906(c) are omitted in view of the restatement of 49:22. The word "may" is substituted for "nothing . . . shall be construed to prohibit" for clarity. The word "establish" is substituted for "establishing by publication and filing in the manner prescribed" for clarity and consistency in view of subchapter IV of chapter 107 of the revised title. The words "is an expense of" are substituted for "their own" for clarity. The word "individual" is inserted for clarity. The word "member" is substituted for "personnel" as being more precise. The words "armed forces" are substituted for "armed services" to conform to title 10. The words "another country" are substituted for "foreign armed services" for clarity. The words "of those services" are omitted as surplus. The word "released" is substituted for "discharged, retired or released" to eliminate redundancy. The words "not more than" are substituted for "within" for consistency. The words "beginning that" are substituted for "commencement of such" for clarity.

In subsection (c), the words "employees on sleeping cars, express cars, and to linemen on telegraph and telephone companies" are omitted to eliminate redundancy in view of subsection (d) of the revised section. The word "working" is substituted for "duty" for clarity.

In subsection (d)(1), the words "In this subsection" are substituted for "as used in this paragraph" to conform to the revised title. The word "individual" is substituted for "persons" as being more precise. The words "was employed by that carrier" are substituted for "in the service of any such common carrier" for clarity. The words "the remains of a" are omitted as unnecessary. The word "reemployment" is substituted for "ex-employees traveling for the purpose of entering the service" for clarity. The words "refers to the family of an individual named in clause (A) of this paragraph" are substituted for "shall include families of those persons named in this proviso, also the families of persons killed" for clarity. The words "during minority" are omitted as surplus. The words "while employed by" are substituted for "while in the service of" for clarity.

In subsection (d)(2), the words "A common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I, II, or III of chapter 105 of this title" are inserted to conform the provisos of 49:317(b) and 49:306(c) to the revised title. The words "their families" are substituted for "the families of any of the foregoing" for clarity. The word "transportation" is substituted for "carriage, storage, or handling" for consistency. The words "time inspectors, surgeons, physicians, and attorneys at law" are omitted as included in "officers and employees". The words "A freight forwarder providing service subject to the jurisdiction of the Commission under subchapter IV of that chapter" are inserted to conform the proviso of 49:1005(c) to the revised title. The words "other personal effects" from 49:22(1) are omitted as surplus. The words "due to a change in the place of employment" are substituted for "necessarily be moved from one place to another as a result of a change in the place of employment" for clarity.

Amendments

1986-Subsec. (d)(2). Pub. L. 99–521 inserted "household goods" before "freight forwarder".

1982-Subsec. (c)(4). Pub. L. 97–261, §29(a), substituted "newspaper carrier" for "newsboy".

Subsec. (d)(1)(B). Pub. L. 97–261, §29(b), substituted "surviving spouse" for "widow".

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.

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–261 effective on 60th day after Sept. 20, 1982, see section 31(a) of Pub. L. 97–261, set out as a note under section 10101 of this title.

Section Referred to in Other Sections

This section is referred to in sections 11126, 11905 of this title; title 31 section 3726.