§11122. Compensation and practice

(a) The regulations of the Interstate Commerce Commission on car service shall encourage the purchase, acquisition, and efficient use of freight cars. The regulations may include-

(1) the compensation to be paid for the use of a locomotive, freight car, or other vehicle;

(2) the other terms of any arrangement for the use by a rail carrier of a locomotive, freight car, or other vehicle not owned by the rail carrier using the locomotive, freight car, or other vehicle, whether or not owned by another carrier, shipper, or third person; and

(3) sanctions for nonobservance.

(b) The rate of compensation to be paid for each type of freight car shall be determined by the expense of owning and maintaining that type of freight car, including a fair return on its cost giving consideration to current costs of capital, repairs, materials, parts, and labor. In determining the rate of compensation, the Commission shall consider the transportation use of each type of freight car, the national level of ownership of each type of freight car, and other factors that affect the adequacy of the national freight car supply.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1421 ; Pub. L. 96–448, title II, §224(a), Oct. 14, 1980, 94 Stat. 1929 .)

In subsection (a), the words "It is the intent of the Congress to" are omitted as surplus. The words "establish rules, regulations, and practices" are omitted in view of section 10321 of the revised title. The words "after notice and an opportunity for a hearing" are omitted as surplus in view of subchapter II of chapter 103 of the revised title and subchapter II of chapter 5 of title 5. The words "by common carriers by railroad subject to this chapter" are omitted as unnecessary in view of chapter 105 and section 11121 of the revised title.

In subsection (a)(2), the words "freight car" are added for consistency. The words "penalties or other" are omitted as surplus.

In subsection (b)(1), the words "shall consider" are substituted for "shall give consideration" for clarity.

In subsection (b)(2), 49:1(14)(a) (5th sentence) is restated for clarity and consistency.

Amendments

1980-Subsec. (b). Pub. L. 96–448 substituted "The rate" for "(1) The rate" and struck out par. (2) which authorized the Commission to increase a rate of compensation by an incentive element when the Commission found that the supply of a type of freight car was inadequate and that the incentive element would compensate freight car owners, contribute to sound car service practices, and encourage the acquisition and maintenance of a car supply adequate to meet the needs of commerce and national defense and permitted the Commission to exempt the incentive element from the compensation when the Commission found the exemption in the national interest.

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 section 11126 of this title.