§10723. Charitable purposes

(a)(1) 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 provide transportation without charge for-

(A) an indigent or homeless individual (including an individual transported by a hospital, charitable organization, or municipal government and the necessary agents employed in that transportation);

(B) an individual who is confined to or about to enter or return home after discharge from a-

(i) facility of the Department of Veterans Affairs;

(ii) State home for disabled volunteer soldiers; or

(iii) soldiers' and sailors' home, under an arrangement with the board of managers of that facility;

(C) a minister of religion; and

(D) an individual who is confined to a hospital or charitable facility.

(2) A common carrier providing transportation or service subject to the jurisdiction of the Commission under chapter 105 of this title may provide transportation for property without charge or at a reduced rate for-

(A) a charitable purpose, including transportation referred to in paragraph (1) of this subsection; or

(B) use in a public exhibition.

(b)(1) A common carrier subject to the jurisdiction of the Commission under subchapter I, II, or III of that chapter may provide transportation without charge to an individual who is-

(A) engaged only in charitable work;

(B) injured in an accident (together with the physicians and nurses attending that individual); or

(C) an individual traveling on behalf of a nonprofit organization which provides recreational, housing or other services and benefits for the general welfare of employees of common carriers.

(2) That carrier (other than a motor carrier of passengers) may also establish a rate and related rule equal to the rate charged for the transportation of one individual when that rate is for the transportation of-

(A) a totally blind individual and an accompanying guide or a dog trained to guide the individual; or

(B) a disabled individual and accompanying attendant when required because of the disability.

(3) In the case of a motor carrier of passengers, that carrier may also establish a rate and related rule equal to the rate charged for the transportation of 1 individual when that rate is for the transportation of-

(A) a totally blind individual and an accompanying guide or a dog trained to guide the individual;

(B) a disabled individual and accompanying attendant, or animal trained to assist the individual, or both, when required because of disability; or

(C) a hearing-impaired individual and a dog trained to assist the individual.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1385 ; Pub. L. 97–261, §29(c), Sept. 20, 1982, 96 Stat. 1128 ; Pub. L. 102–54, §13(s), June 13, 1991, 105 Stat. 282 ; Pub. L. 102–240, title IV, §4011, Dec. 18, 1991, 105 Stat. 2156 .)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
10723(a)	49:1(7) (1st sentence 1st–4th and 13th–20th words after 2d semicolon and words between 3d and 5th semicolons).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §1(7) (1st sentence words between 2d and 5th semicolons and last 11 words before 1st proviso); 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 .
	49:22(1) (1st sentence 27th–61st words and words between 1st and 2d semicolons).	Feb. 4, 1887, ch. 104, §22(1) (1st sentence 27th–61st words, words between 1st and 2d semicolons, and words between 6th semicolon and before 1st proviso), 24 Stat. 387 ; restated Mar. 2, 1889, ch. 382, §9, 25 Stat. 862 ; Aug. 18, 1922, ch. 280, §1, 42 Stat. 827 ; Feb. 26, 1927, ch. 217, §1, 44 Stat. 1247 ; Aug. 9, 1935, ch. 498, §1, 49 Stat. 543 ; July 5, 1937, ch. 432, §1, 50 Stat. 475 ; Sept. 18, 1940, ch. 722, §3(d), (e), 54 Stat. 901 ; July 27, 1956, ch. 759, §1, 70 Stat. 702 ; Aug. 31, 1957, Pub. L. 85–246, §1(a), 71 Stat. 564 ; Sept. 2, 1958, Pub. L. 85–857, §13(a), 72 Stat. 1264 .
	49:317(b) (proviso).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §217(b) (proviso); added Aug. 9, 1935, ch. 498, §1, 49 Stat. 561 ; 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 .
	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 .
10723(b)(1)	49:1(7) (1st sentence 5th–12th and 21st–29th words after 2d semicolon and last 11 words before 1st proviso). 49:317(b) (proviso). 49:906(c) (proviso).
10723(b)(2)	49:22(1) (1st sentence words between 6th semicolon and 1st proviso).
	49:317(b) (proviso). 49:906(c) (proviso). 49:1005(c) (proviso).

Subsection (a) is made applicable to motor and water common carriers in view of 49:317(b) (proviso) and 906(c) (proviso). The words "may provide transportation without charge" are inserted for consistency. The words "indigent or homeless individual" are substituted for "indigent, destitute, and homeless persons" to eliminate redundancy. The words "charitable organization" are substituted for "charitable and eleemosynary institutions" to eliminate redundancy. The words "Veterans' Administration facility" are substituted for "National Homes" since the National Home for Disabled Volunteer Soldiers was dissolved by the Act of July 3, 1930, ch. 863, §§1, 3, 5, 46 Stat. 1016 , which provided for the consolidation of that Home and its functions in the Veterans' Administration. The consolidation was carried out under Ex. Ord. No. 5398, July 21, 1930. The words "soldiers' and sailors' home" are substituted for "Soldiers' and Sailors' Homes" and "Soldiers' and Sailors' Orphan Homes" as being more inclusive. The words "confined to" are substituted for "inmates of" as being more appropriate. Paragraph (2) is added in view of 49:317(b) (proviso), 906(c) (proviso), and 1005(c) (proviso). The words "referred to in paragraph (1) of this subsection" are substituted for 49:22(1) (first sentence 28th–61st words and words between 1st and 2d semicolons) for consistency. Paragraph (2) is made applicable to subsection (a)(1)(D) in view of the words "or for charitable purposes" in 49:22(1). The words "use in a public exhibition" are substituted for "to or from fairs and expositions for exhibition thereat" to eliminate redundancy.

In subsection (b), the word "eleemosynary" is omitted to eliminate redundancy. The word "accident" is substituted for "wrecks" as being more appropriate.

In subsection (b)(2), the words "an accompanying guide or a dog trained to guide the individual" are substituted for "accompanied by a guide or seeing-eye dog or other dog specially trained for that purpose" to eliminate redundancy. The words "attendant when required because of the disability" are substituted for "by an attendant if such person is disabled to the extent of requiring such attendant" for clarity. The words "related rule" are substituted for "reasonable regulations" for consistency. The words "may establish" are substituted for "as may have been established by the carrier" for clarity. The text of the provisos of 49:317(b), 906(c), and 1005(c) are omitted as unnecessary in view of the restatement.

Amendments

1991-Subsec. (a)(1)(B)(i). Pub. L. 102–54 substituted "facility of the Department of Veterans Affairs" for "Veterans' Administration facility".

Subsec. (b)(2). Pub. L. 102–240, §4011(1), inserted "(other than a motor carrier of passengers)" in introductory provisions.

Subsec. (b)(3). Pub. L. 102–240, §4011(2), added par. (3).

1982-Subsec. (b)(1)(C). Pub. L. 97–261 substituted provision relating to an individual traveling on behalf of a nonprofit organization which provides recreational, housing or other services and benefits for the general welfare of employees of common carriers for provision relating to a traveling secretary of a railroad Young Men's Christian Association.

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.