§10741. Prohibitions against discrimination by common carriers

(a) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title may not charge or receive from a person a different compensation (by using a special rate, rebate, drawback, or another means) for a service rendered, or to be rendered, in transportation the carrier may perform under this subtitle than it charges or receives from another person for performing a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances. A common carrier that charges or receives such a different compensation for that service unreasonably discriminates.

(b) A common carrier providing transportation or service subject to the jurisdiction of the Commission under chapter 105 of this title may not subject a person, place, port, or type of traffic to unreasonable discrimination. However, subject to subsection (c) of this section, this subsection does not apply to discrimination against the traffic of another carrier providing transportation by any mode.

(c) A common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I, II, or III of that chapter may not subject a household goods freight forwarder providing service subject to the jurisdiction of the Commission under subchapter IV of that chapter to unreasonable discrimination whether or not the household goods freight forwarder is controlled by that carrier.

(d) Differences between the rates, classifications, rules, and practices of water and rail common carriers in effect for their respective types of transportation do not constitute a violation of this section or an unfair or destructive competitive practice under this subtitle.

(e) Differences between rates, classifications, rules, and practices of rail carriers providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title do not constitute a violation of this section if such differences result from different services provided by rail carriers.

(f) This section shall not apply to-

(1) contracts approved under section 10713 of this title, other than as provided in subsection (d)(2)(A)(ii) and (d)(2)(B) of such section;

(2) surcharges or cancellations under section 10705a of this title;

(3) separate rates for distinct rail services under section 10728 of this title;

(4) rail rates applicable to different routes; or

(5) expenses authorized under section 10751 of this title,

except that with respect to rates described in paragraphs (2), (3), and (4), nothing in this subsection shall affect the authority of the Commission under this section with respect to rate relationships between ports or within the same port.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1390 ; Pub. L. 96–296, §33(d), July 1, 1980, 94 Stat. 825 ; Pub. L. 96–448, title II, §212, Oct. 14, 1980, 94 Stat. 1912 ; Pub. L. 99–521, §7(h), Oct. 22, 1986, 100 Stat. 2995 .)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
10741(a)	49:2.	Feb. 4, 1887, ch. 104, §2, 24 Stat. 379 ; restated Feb. 28, 1920, ch. 91, §404, 41 Stat. 479 ; June 19, 1934, ch. 652, §602(b), 48 Stat. 1102 ; Aug. 9, 1935, ch. 498, §1, 49 Stat. 543 .
10741(b)–(d)	49:3(1).	Feb. 4, 1887, ch. 104, §3(1), 24 Stat. 380 ; Feb. 28, 1920, ch. 91, §405, 41 Stat. 479 ; Aug. 9, 1935, ch. 498, §1, 49 Stat. 543 ; Aug. 12, 1935, ch. 509, §1, 49 Stat. 607 ; restated Sept. 18, 1940, ch. 722, §5(a), 54 Stat. 902 .
	49:316(d) (less 1st sentence).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §216(d) (less 1st sentence); added Aug. 9, 1935, ch. 498, §1, 49 Stat. 558 ; restated Sept. 18, 1940, ch. 722, §22(b), 54 Stat. 924 .
	49:905(c).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §305(c); added Sept. 18, 1940, ch. 722, §201, 54 Stat. 935 .
	49:1004(b), (c).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §404(b), (c); added May 16, 1942, ch. 318, §1, 56 Stat. 286 .

In subsection (a), the words "A common carrier . . . may not" are substituted for "If any common carrier . . . shall . . . by . . . such common carrier shall be deemed guilty of . . . which is prohibited and declared to be unlawful" for clarity and in view of the restatement of the criminal penalties related to discrimination in sections 11903 and 11904 of the revised title. The words "directly or indirectly" are omitted as surplus. The words "charge or receive" are substituted for "charge, demand, collect, or receive" as being inclusive. The word "different" is substituted for "greater or less" for clarity. The words "passengers or property" are omitted as surplus. The words "for him or them" are omitted as unnecessary. The word "circumstances" is substituted for "circumstances and conditions" as being inclusive. The word "unreasonably" is substituted for "unjust" for consistency. See the revision note to section 10101 of the revised title.

In subsections (b) and (c), the words "may not" are substituted for "It shall be unlawful" for consistency. The words "A common carrier providing transportation or service subject to the jurisdiction of the Commission under chapter 105 of this title" are substituted for "any common carrier subject to the provisions of this chapter", "common carrier by motor vehicle engaged in interstate or foreign commerce", "common carrier by water", and "any freight forwarder, in service subject to this chapter" to conform to chapter 105 of the revised title. The words "subject . . . to unreasonable discrimination" are substituted for "to make, give, or cause any undue or unreasonable preference or advantage . . . to any undue or unreasonable prejudice or disadvantage" and, in 49:905(c), "any unjust discrimination" for clarity and to eliminate redundancy. See the revision note to section 10101 of the revised title.

In subsection (b), the word "person" is substituted for "particular person, company, firm, corporation, association" in view of the definition of "person" in section 10102 of the revised title. The word "place" is substituted for "locality, . . . gateway, transit point, region, district, territory" as being more inclusive. The word "port" is substituted for "port, port district" as being more inclusive. The words "type of" are substituted for "particular description of" since it is most precise. The word "However" is substituted for ": Provided, however, That" for clarity. The words "does not apply" are substituted for "shall not be construed" for clarity. The word "discrimination" is substituted for "discrimination, prejudice, or disadvantage" for consistency. See the revision note to section 10101 of the revised title.

In subsection (d), the word "rates" is substituted for "rates, fares, charges" in view of the definition of "rate" in section 10102 of the revised title. The words "do not constitute a violation of this section" are substituted for "shall not be deemed to constitute unjust discrimination, prejudice, or disadvantage" for consistency. See the revision note to section 10101 of the revised title. The words "any provision" are omitted as surplus. The word "subtitle" is substituted for "Act" to conform to the revised title.

Amendments

1986-Subsec. (c). Pub. L. 99–521 inserted "household goods" before "freight forwarder" wherever appearing.

1980-Subsec. (e). Pub. L. 96–448 substituted provision that differences between rates, classifications, rules, and practices of rail carriers do not constitute a violation of this section if such differences result from differences in services provided for provision that this section does not apply to expenses authorized under section 10751 of this title.

Pub. L. 96–296 added subsec. (e).

Subsec. (f). Pub. L. 96–448 added subsec. (f).

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 1980 Amendment

Amendment by Pub. L. 96–448 effective Oct. 1, 1980, see section 710(a) of Pub. L. 96–448, set out as a note under section 10101 of this title.

Section Referred to in Other Sections

This section is referred to in sections 10705, 10707, 10708, 10711, 10713, 10731, 10751, 11126 of this title.