§10748. Transportation of livestock by rail carrier

(a) Transportation entirely by railroad of ordinary livestock in carload lots to public stockyards shall include necessary services of unloading and reloading in route, delivery of inbound shipments at those stockyards into suitable pens, and receiving and loading outbound shipments at those stockyards. A rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title may charge a shipper, consignee, or owner an extra amount for those services only if, under Commission regulations, the unloading or reloading in route is at the request of the shipper, consignee, or owner, to try an intermediate market, or to comply with quarantine regulations.

(b) Subsection (a) of this section does not affect the duties and liabilities of a rail carrier in existence on February 28, 1920, under a law related to the transportation of other than ordinary livestock or the duty of providing transportation for shipments other than shipments to or from public stockyards.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1393 .)

In subsection (a), the word "entirely" is substituted for "wholly" for clarity. The words "to public stockyards" are substituted for "destined to or received at public stockyards" to eliminate redundancy. The word "in" is substituted for "en". The word "all" is omitted as surplus. The word "receiving" is substituted for "receipt" for clarity. The words "may charge . . . extra . . . only if" are substituted for "without extra charge . . . unless" for clarity. The words "under Commission regulations" are substituted for "The Commission may prescribe or approve just and reasonable rules governing each of those excepted services" to eliminate redundancy in view of the power of the Commission to carry out this subtitle and to prescribe regulations under section 10321 of the revised title and in view of the standard for practices under the subtitle in section 10701 of the revised title. See also the revision note to section 10101 of the revised title.

In subsection (b), the words "Subsection (a) of this section does not affect" are substituted for "Nothing in this paragraph shall be construed to affect" for clarity. The words "under a law related to" are substituted for "by virtue of law respecting the" for clarity.