SUBTITLE IV—INTERSTATE COMMERCE
Subtitle Referred to in Other Sections
This subtitle is referred to in
CHAPTER 101 —GENERAL PROVISIONS
Amendments
1980—
§10101. Transportation policy
(a) Except where policy has an impact on rail carriers, in which case the principles of
(1) in regulating those modes—
(A) to recognize and preserve the inherent advantage of each mode of transportation;
(B) to promote safe, adequate, economical, and efficient transportation;
(C) to encourage sound economic conditions in transportation, including sound economic conditions among carriers;
(D) to encourage the establishment and maintenance of reasonable rates for transportation, without unreasonable discrimination or unfair or destructive competitive practices;
(E) to cooperate with each State and the officials of each State on transportation matters; and
(F) to encourage fair wages and working conditions in the transportation industry;
(2) in regulating transportation by motor carrier, to promote competitive and efficient transportation services in order to (A) encourage fair competition, and reasonable rates for transportation by motor carriers of property; (B) promote Federal regulatory efficiency in the motor carrier transportation system and to require fair and expeditious regulatory decisions when regulation is required; (C) meet the needs of shippers, receivers, passengers, and consumers; (D) allow a variety of quality and price options to meet changing market demands and the diverse requirements of the shipping and traveling public; (E) allow the most productive use of equipment and energy resources; (F) enable efficient and well-managed carriers to earn adequate profits, attract capital, and maintain fair wages and working conditions; (G) provide and maintain service to small communities and small shippers and intrastate bus services; (H) provide and maintain commuter bus operations; (I) improve and maintain a sound, safe, and competitive privately owned motor carrier system; (J) promote greater participation by minorities in the motor carrier system; and (K) promote intermodal transportation; and
(3) in regulating transportation by motor carrier of passengers (A) to cooperate with the States on transportation matters for the purpose of encouraging the States to exercise intrastate regulatory jurisdiction in accordance with the objectives of this subtitle; (B) to provide Federal procedures which ensure that intrastate regulation is exercised in accordance with this subtitle; and (C) to ensure that Federal reform initiatives enacted by the Bus Regulatory Reform Act of 1982 are not nullified by State regulatory actions.
(b) This subtitle shall be administered and enforced to carry out the policy of this section.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10101 | 49:1 (note). | Feb. 4, 1887, ch. 104, |
In the introductory matter before clause (1) of subsection (a), the words "To ensure" are substituted for "all to the end of" for clarity. The words "by water, highway, and rail, as well as other means" are omitted as unnecessary. The words "that meets" are substituted for "adequate to meet" for clarity. The words "transportation needs of the United States" are substituted for "the needs of the commerce of the United States" for clarity. The words "including the" are inserted for clarity. The words "United States Postal Service" are substituted for "Postal Service" to reflect the complete name of the Government agency. The words "it is the policy of the United States Government" are substituted for "It is hereby declared to be the national transportation policy of the Congress" for clarity since the policy has been enacted into law. The words "fair and" are omitted to eliminate redundancy. The words "subject to this subtitle" are substituted for "subject to the provisions of this act" for clarity and to conform to the revised title.
In subsection (a)(2), the words "efficient transportation" are substituted for "efficient service" for clarity and consistency in view of the definition of "transportation" in section 10102 of the revised title.
In subsection (a)(3), the words "encourage sound" are substituted for "foster sound" for clarity. The words "including sound economic conditions among carriers" are substituted for "and among the several carriers" for clarity.
In subsection (a)(4), the word "rates" is substituted for "charges" for clarity and consistency. The words "unreasonable discrimination" are substituted for "unjust discriminations, undue preferences or advantages" for clarity, consistency, and to conform to modern usage. See the note after the revision note for subsection (b).
In subsection (a)(5), the words "officials of each State" are substituted for "duly authorized official thereof" for clarity.
In subsection (a)(6), the words "in the transportation industry" are inserted for clarity.
In subsection (b), the words "with a view" and "the above declaration" are omitted as unnecessary. The word "subtitle" is substituted for "Act" to conform to the revised title.
Clarification of use of "reasonable" and "discrimination"
Throughout the bill, the term "reasonable" is substituted for "just and reasonable" and "discrimination" is substituted for "preference", "prejudice", "advantage", and "disadvantage" for clarity, consistency, and to conform to modern usage. See Missouri, Kansas & Texas Railway Co. v. Harriman, 227 U.S. 657, 1913; United States v. P. Koenig Coal Co., 270 U.S. 512, 1926; Arizona Grocery Co. v. Atchison, Topeka & Santa Fe Railway Co., 284 U.S. 370, 1932; Union Pacific R. Co. v. United States, 313 U.S. 450, 1941; Federal Power Commission v. Natural Gas Pipeline Co., 315 U.S. 575, 1942; Federal Power Commission v. Hope Natural Gas Co., 320 U.S. 591, 1944; United States ex rel. Morris v. Delaware, L. & W.R. Co., 40 F. 101, Cir. Ct. N.Y., 1889. The change does not affect the substantive law. The words for which the substitutions are made are used inconsistently throughout the Interstate Commerce Act and related laws and are often used in series with other synonymous words. As the editors of the U.S. Code Service point out in an explanatory note to
Explanatory note.—In using the annotations following, it must be borne in mind that the words "unjust discrimination" [the term employed in this section] and "preference and prejudice" [the terms employed in §3(1) of this title] have been used in innumerable instances by the courts and by the commission as interchangeable. The Elkins Act [§§41–43 of this title] employs the word "discrimination" without the qualifying adjective "unjust." It is impossible in the great majority of cases to determine from the opinions whether this section, or §3(1) of this title, or the Elkins Act [§§41–43 of this title] was the basis of the decision, because of the use of the terms interchangeably, or the use of "unjust discrimination" as covering violations of §3(1) of this title, or the omission to specify the particular provision of law under immediate consideration, or because both this section and §3(1) of this title, may have been pleaded and referred to as the basis of the decision. There is some similar confusion in the cases between this section and the provisions of §1(5) of this title, requiring all rates to be just and reasonable, and §1(6) of this title, requiring just and reasonable classifications, and transportation regulations and practices.
While the amendments made to the Interstate Commerce Act by
| Interstate Commerce Act section | Words used |
|---|---|
| Before §1 | "reasonable charges", "unjust discriminations", "undue preferences or advantages", "unfair or destructive competitive practices". |
| 1(4) | "reasonable through routes", "just and reasonable rates, fares, charges, and classifications", "reasonable facilities", "just, reasonable, and equitable divisions [of joint rates, fares, or charges]". |
| 1(5)(a) | "unduly prefer or prejudice", "just and reasonable [charges]", "unjust and unreasonable charge". |
| 1(5)(b) | "just and reasonable [rates]", "unjust or unreasonable [rates]". |
| 1(6) | "just and reasonable classifications of property", "just and reasonable regulations and practices", "just and reasonable terms", "unjust and unreasonable classification, regulation, and practice". |
| 1(9) | "without discrimination". |
| 1(11) | "just and reasonable rules, regulations, and practices with respect to car service", "unjust and unreasonable". |
| 1(12) | "just and reasonable distribution of cars", "just and reasonable ratings", "justness and reasonableness of, or discrimination or preference or prejudice or advantage or disadvantage in, the distribution of cars". |
| 1(15) | "just and reasonable directions", "just and reasonable" terms of compensation. |
| 1(16)(a) | "just and reasonable directions". |
| 1(17)(a) | "just and reasonable freight and passenger service". |
| 2 | "unjust discrimination". |
| 3(1) | "undue or unreasonable preference or advantage", "undue or unreasonable prejudice or disadvantage". |
| 3(2) | "unjust discrimination". |
| 3(4) | "reasonable, proper, and equal facilities for the interchange of traffic", "shall not discriminate in their rates, fares, and charges between connecting lines", "unduly prejudice". |
| 3(5) | "just and reasonable" terms of compensation. |
| 4(1) | "reasonably compensatory". |
| 5(2)(b) | "just and reasonable" modifications. |
| 10(1) | "unlawful discrimination in rates, fares, or charges". |
| 10(4) | "discriminate unjustly", "unjust discrimination". |
| 12(1)(b) | "undue burden" on a person, class of persons, or interstate or foreign commerce. |
| 13(4) | "undue or unreasonable advantage, preference, or prejudice", "undue, unreasonable, or unjust discrimination against, or undue burden on, interstate or foreign commerce". |
| 15(1) | "unjust or unreasonable or unjustly discriminatory or unduly preferential or prejudicial", "just and reasonable . . . rate, fare, or charge", "just, fair, and reasonable [classification, regulation, or practice]". |
| 15(6)(a) | "unjust, unreasonable, inequitable, or unduly preferential or prejudicial [division of joint rates, fares, or charges]", "just, reasonable, and equitable divisions". |
| 15(7) | "lawfulness of such rate, fare, charge, classification, regulation, or practice", rates or charges "not justified", "just and reasonable". |
| 15(8)(a) | "lawfulness" of such rate, fare, charge, classification, regulation, or practice. |
| 15(8)(b) | rate "exceeds a just and reasonable level". |
| 15(8)(d) | "unlawful" rate increase or decrease. |
| 15(8)(e) | "lawful" rate, fare, or charge decrease. |
| 15(8)(f) | "just and reasonable" changed rate, fare, charge, classification, rule, or regulation. |
| 15(9) | "unreasonably high" rate, "lawfulness", "just or reasonable" maximum increased rate. |
| 15(15) | "just and reasonable [charge and allowance]", "reasonable [maximum] charge". |
| 15(19) | "unlawful [schedule]". |
| 15a(2) | "just and reasonable rates". |
| 15a(3) | "a reasonable minimum rate". |
| 15a(4) | "fair, reasonable, and economic profit or return (or both)". |
| 16(5) | "lawfulness of rates, fares, charges, classifications, or practices". |
| 17(7) | "unjust or unwarranted" decision. |
| 204(a)(1), (2) | "reasonable requirements" for service, transportation of baggage and express, uniform system of accounts, etc. |
| 204(a)(3) | "reasonable requirements" to promote safety. |
| 204(a)(4) | "reasonable requirements" for licensing brokers, etc. |
| 204(b) | "just and reasonable classifications" of brokers and groups of carriers. |
| 204a(5) | reparations are damages from charges that are "unjust and unreasonable, or unjustly discriminatory or unduly preferential or unduly prejudicial". |
| 216(a) | "reasonable through routes", "just and reasonable . . . rates, fares, and charges", "just and reasonable regulations and practices", "just, reasonable, and equitable divisions [of rates, fares, and charges]". |
| 216(b) | "just and reasonable rates, charges, and classifications", "just and reasonable regulations and practices". |
| 216(c) | "reasonable through rates and joint rates, charges, and classifications", "just and reasonable regulations and practices", "just, reasonable, and equitable divisions", "unduly prefer or prejudice". |
| 216(d) | "just and reasonable [charges]", "unjust and unreasonable charge", "undue or unreasonable preference or advantage", "unjust discrimination", "undue or unreasonable prejudice or disadvantage". |
| 216(e) | "unjust or unreasonable [rate, fare, charge, classification, rule, regulation, or practice of a service]", "unjustly discriminatory or unduly preferential or unduly prejudicial", "lawful rate, fare, or charge or the maximum or minimum rate, fare, or charge", "lawful classification, rule, regulation, or practice". |
| 216(f) | division of joint rates, fares, and charges: "unjust, unreasonable, inequitable, or unduly preferential or prejudicial", "just, reasonable, and equitable divisions". |
| 216(g) | "lawfulness of such rate, fare, or charge, or such rule, regulation, or practice", "proposed changed rate, fare, charge, classification, rule, regulation, or practice is just and reasonable". |
| 216(h) | "justness and reasonableness of any rate, fare, or charge". |
| 216(i) | "just and reasonable rates, fares, and charges . . . and classifications, regulations, and practices". |
| 218(a) | "reasonable minimum rates and charges", "reasonable regulations and practices". |
| 218(b) | "just and reasonable minimum rate or charge, or such rule, regulation, or practice". |
| 218(c) | "lawfulness of such charge, or such rule, regulation, or practice". |
| 221(a) | "lawfulness of rates, fares, charges, classifications, or practices". |
| 304(c) | "just and reasonable classifications of groups of carriers". |
| 304(d) | "undue disadvantage". |
| 305(a) | "just and reasonable rates, fares, charges, and classifications, and just and reasonable regulations and practices", "unjust and unreasonable charge [for a service]". |
| 305(b) | "reasonable through routes", "just and reasonable rates, fares, charges, and classifications", "reasonable facilities", "reasonable rules and regulations", "reasonable through routes and rates, fares, charges, and classifications", "just, reasonable, and equitable divisions". |
| 305(c) | "undue or unreasonable preference or advantage", "unjust discrimination or any undue or unreasonable prejudice or advantage, or an unfair or destructive competitive practice". |
| 305(d) | "reasonable, proper, and equal facilities", "not discriminate [in rates, fares, and charges], or unduly prejudice . . .". |
| 306(e) | "reasonable minimum rates and charges", "reasonable regulations, and practices", "reasonable minimum rates and charges". |
| 307(b) | "unjust or unreasonable [rate, fare, charge, regulation, practice, or classification]", "unjustly discriminatory or unduly preferential or prejudicial", "lawful rates, fare, or charge or the maximum or minimum", "lawful regulation, practice, or classification". |
| 307(c) | "justness or reasonableness of any rate, fare, or charge". |
| 307(d) | "reasonable differentials". |
| 307(e) | division of joint rates: "unjust, unreasonable, inequitable, or unduly preferential or prejudicial", "just, reasonable, and equitable divisions". |
| 307(f) | "just and reasonable rates, fares, and charges, . . . and classifications, regulations, and practices". |
| 307(g) | "lawfulness of such rate, fare, charge, classification, regulation, or practice". |
| 307(h) | "just and reasonable minimum rate or charge, or such rule, regulation, or practice", "no advantage or preference". |
| 307(i) | "lawfulness of such charge, or such rule, regulation, or practice". |
| 314 | "just and reasonable [charge or allowance]", "reasonable charge". |
| 315(a) | "lawfulness of rates, fares, charges, classifications, or practices". |
| 316(b) | "reasonableness of rates, fares, or charges, and the discriminatory character thereof". |
| 403(b) | "reasonable requirements" for service. |
| 404(a) | "just and reasonable rates and charges", "just and reasonable classifications, regulations, and practices", "unjust or unreasonable rate, charge, classification, regulation, or practice". |
| 404(b) | "undue or unreasonable preference or advantage", "unjust discrimination or any undue or unreasonable prejudice or disadvantage". |
| 404(c) | "undue or unreasonable preference or advantage", "undue or unreasonable prejudice or disadvantage". |
| 405(c) | rates or charges "lawfully in effect". |
| 406(b) | rate or charge: "unjust or unreasonable or unjustly discriminatory, or unduly preferential or prejudicial", "lawful" rate, charge, maximum, minimum, classification, regulation, or practice. |
| 406(c) | "justness or reasonableness of any rate or charge". |
| 406(d) | "just and reasonable rates and charges . . ., and classifications, regulations and practices". |
| 406(e) | "lawfulness" of the rate, charge, classification, regulation, or practice. |
| 406(f) | "rate, charge, classification, regulation, or practice causes any undue or unreasonable advantage, preference, or prejudice", "undue, unreasonable, or unjust discrimination against interstate commerce". |
| 406a(5) | "unjust and unreasonable [charges], or unjustly discriminatory or unduly preferential or unduly prejudicial". |
| 409(a) | "just, reasonable, and equitable terms, conditions, and compensation which shall not unduly prefer or prejudice". |
| 414 | "unjust discrimination or undue preference or prejudice". |
| 415 | "just and reasonable" charges and allowances. |
| 416(a) | "lawfulness of rates, charges, classifications, or practices". |
References in Text
The Bus Regulatory Reform Act of 1982, referred to in subsec. (a)(3), is
Amendments
1994—Subsec. (a)(2).
1982—Subsec. (a).
1980—Subsec. (a).
Subsec. (a)(7).
Effective Date of 1994 Amendment
Section 212 of title II of
Effective Date of 1982 Amendment
Section 31 of
"(a) Except as provided in subsections (b) and (c) of this section, this Act [see Short Title of 1982 Amendment note below] shall take effect on the 60th day after the date of enactment of this Act [Sept. 20, 1982].
"(b) The amendment made by section 10(e)(4) of this Act [amending provisions set out as a note under
"(c) The provisions of sections 6(g) and 30 of this Act [amending
Effective Date of 1980 Amendment
Section 710 of
"(a) Except as provided in subsections (b), (c), and (d) of this section, the provisions of this Act and the amendments made by this Act [see Short Title of 1980 Amendments note below] shall take effect on October 1, 1980.
"(b) Section 206 of this Act [enacting
"(c) Section 218(b) of this Act [amending
"(d) Section 701 of this Act [enacting
Short Title of 1994 Amendment
Section 201 of title II of
Short Title of 1993 Amendment
Short Title of 1986 Amendment
Short Title of 1982 Amendment
Section 1 of
Short Title of 1980 Amendments
Section 1 of
Section 1 of
Limitation on Statutory Construction
Congressional Findings and Declaration of Policy
"(1) a safe, sound, and competitive surface freight forwarder industry is important to the national transportation system;
"(2) the statutes governing Federal regulation of the freight forwarder industry are outdated and must be revised to reflect present and future transportation needs and realities;
"(3) protective regulation has resulted in anticompetitive pricing and has restricted the range of price and service options available to shippers;
"(4) in order to reduce the uncertainty experienced by the Nation's transportation industries, the Interstate Commerce Commission's remaining responsibilities for the regulation of surface freight forwarders should be eliminated in accordance with this Act [see Short Title of 1986 Amendment note above]; and
"(5) legislative and resulting changes should be implemented with the least amount of disruption consistent with achieving the reforms enacted."
Sections 3, 4 of
"(a) The Congress hereby finds—
"(1) that a safe, stable, and financially sound system of transportation of household goods by motor common carriers is vital to the maintenance of a strong national economy and a strong national defense;
"(2) that the best means of assuring such a system is through competition and reduced regulation;
"(3) that maximum flexibility on the part of the carriers in the pricing of their services best serves the shippers of household goods and allows a variety of quality and price options to meet market demands; and
"(4) that the interest of individual shippers can be best protected by allowing carriers of household goods maximum flexibility in serving the needs of their shippers, by providing accurate and complete information concerning carriers' performance and individual shippers' rights and remedies, by reducing the amount of unnecessary regulations, and by strengthening remedies for violations of those regulations that are necessary for protection of individual shippers.
"(b) The appropriate authorizing committees of Congress shall conduct periodic oversight hearings on the effects of this legislation, no less than annually for the first 5 years following the date of enactment of this Act [Oct. 15, 1980], to ensure that this Act [see Short Title of 1980 Amendment note set out above] is being implemented according to congressional intent and purpose."
Section 3 of
"(a) The Congress hereby finds that a safe, sound, competitive, and fuel efficient motor carrier system is vital to the maintenance of a strong national economy and a strong national defense; that the statutes governing Federal regulation of the motor carrier industry are outdated and must be revised to reflect the transportation needs and realities of the 1980's; that historically the existing regulatory structure has tended in certain circumstances to inhibit market entry, carrier growth, maximum utilization of equipment and energy resources, and opportunities for minorities and others to enter the trucking industry; that protective regulation has resulted in some operating inefficiencies and some anticompetitive pricing; that in order to reduce the uncertainty felt by the Nation's transportation industry, the Interstate Commerce Commission should be given explicit direction for regulation of the motor carrier industry and well-defined parameters within which it may act pursuant to congressional policy; that the Interstate Commerce Commission should not attempt to go beyond the powers vested in it by the Interstate Commerce Act [Feb. 4, 1887, ch. 104,
"(b) The appropriate authorizing committees of Congress shall conduct periodic oversight hearings on the effects of this legislation, no less than annually for the first 5 years following the date of enactment of this Act [July 1, 1980], to ensure that this Act [see Short Title of 1980 Amendment note set out above] is being implemented according to congressional intent and purpose."
Purpose
Section 203 of title II of
Section 2 of
Section 2 of
Section Referred to in Other Sections
This section is referred to in
§10101a. Rail transportation policy
In regulating the railroad industry, it is the policy of the United States Government—
(1) to allow, to the maximum extent possible, competition and the demand for services to establish reasonable rates for transportation by rail;
(2) to minimize the need for Federal regulatory control over the rail transportation system and to require fair and expeditious regulatory decisions when regulation is required;
(3) to promote a safe and efficient rail transportation system by allowing rail carriers to earn adequate revenues, as determined by the Interstate Commerce Commission;
(4) to ensure the development and continuation of a sound rail transportation system with effective competition among rail carriers and with other modes, to meet the needs of the public and the national defense;
(5) to foster sound economic conditions in transportation and to ensure effective competition and coordination between rail carriers and other modes;
(6) to maintain reasonable rates where there is an absence of effective competition and where rail rates provide revenues which exceed the amount necessary to maintain the rail system and to attract capital;
(7) to reduce regulatory barriers to entry into and exit from the industry;
(8) to operate transportation facilities and equipment without detriment to the public health and safety;
(9) to cooperate with the States on transportation matters to assure that intrastate regulatory jurisdiction is exercised in accordance with the standards established in this subtitle;
(10) to encourage honest and efficient management of railroads and, in particular, the elimination of noncompensatory rates for rail transportation;
(11) to require rail carriers, to the maximum extent practicable, to rely on individual rate increases, and to limit the use of increases of general applicability;
(12) to encourage fair wages and safe and suitable working conditions in the railroad industry;
(13) to prohibit predatory pricing and practices, to avoid undue concentrations of market power and to prohibit unlawful discrimination;
(14) to ensure the availability of accurate cost information in regulatory proceedings, while minimizing the burden on rail carriers of developing and maintaining the capability of providing such information; and
(15) to encourage and promote energy conservation.
(Added
Effective Date
Section effective Oct. 1, 1980, see section 710(a) of
Congressional Declaration of Findings
Section 2 of
"(1) historically, railroads were the essential factor in the national transportation system;
"(2) the enactment of the Interstate Commerce Act [Feb. 4, 1887, ch. 104,
"(3) today, most transportation within the United States is competitive;
"(4) many of the Government regulations affecting railroads have become unnecessary and inefficient;
"(5) nearly two-thirds of the Nation's intercity freight is transported by modes of transportation other than railroads;
"(6) earnings by the railroad industry are the lowest of any transportation mode and are insufficient to generate funds for necessary capital improvements;
"(7) by 1985, there will be a capital shortfall within the railroad industry of between $16,000,000,000 and $20,000,000,000;
"(8) failure to achieve increased earnings within the railroad industry will result in either further deterioration of the rail system or the necessity for additional Federal subsidy; and
"(9) modernization of economic regulation for the railroad industry with a greater reliance on the marketplace is essential in order to achieve maximum utilization of railroads to save energy and combat inflation."
Statement of Purpose and Goals
Section 3 of
"(1) to assist the railroads of the Nation in rehabilitating the rail system in order to meet the demands of interstate commerce and the national defense;
"(2) to reform Federal regulatory policy so as to preserve a safe, adequate, economical, efficient, and financially stable rail system;
"(3) to assist the rail system to remain viable in the private sector of the economy;
"(4) to provide a regulatory process that balances the needs of carriers, shippers, and the public; and
"(5) to assist in the rehabilitation and financing of the rail system."
Section Referred to in Other Sections
This section is referred to in
§10102. Definitions
In this subtitle—
(1) "broker" means a person, other than a motor carrier or an employee or agent of a motor carrier, that as a principal or agent sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise as selling, providing, or arranging for, transportation by motor carrier for compensation.
(2) "carrier" means a common carrier and a contract carrier.
(3) "car service" includes (A) the use, control, supply, movement, distribution, exchange, interchange, and return of locomotives, cars, other vehicles, and special types of equipment used in the transportation of property by a rail carrier, and (B) the supply of trains by a rail carrier.
(4) "common carrier" means an express carrier, a pipeline carrier, a rail carrier, a sleeping car carrier, a motor common carrier, a water common carrier, and a household goods freight forwarder.
(5) "commuter bus operations" means short-haul regularly scheduled passenger service provided by motor vehicle in metropolitan and suburban areas, whether within or across the geographical boundaries of a State, and utilized primarily by passengers using reduced-fare, multiple-ride, or commutation tickets during morning and evening peak period operations.
(6) "contract carrier" means a motor contract carrier and a water contract carrier.
(7) "control", when referring to a relationship between persons, includes actual control, legal control, and the power to exercise control, through or by (A) common directors, officers, stockholders, a voting trust, or a holding or investment company, or (B) any other means.
(8) "express carrier" means a person providing express transportation for compensation.
(9) "freight forwarder" means a person holding itself out to the general public (other than as an express, pipeline, rail, sleeping car, motor, or water carrier) to provide transportation of property for compensation and in the ordinary course of its business—
(A) assembles and consolidates, or provides for assembling and consolidating, shipments and performs or provides for break-bulk and distribution operations of the shipments;
(B) assumes responsibility for the transportation from the place of receipt to the place of destination; and
(C) uses for any part of the transportation a carrier subject to the jurisdiction of the Interstate Commerce Commission under subchapter I, II, or III of
Such term does not include a person using transportation of an air carrier subject to part A of subtitle VII of this title.
(10) "highway" means a road, highway, street, and way in a State.
(11) "household goods" means—
(A) personal effects and property used or to be used in a dwelling when a part of the equipment or supply of such dwelling and such other similar property as the Commission may provide by regulation; except that this subparagraph shall not be construed to include property moving from a factory or store, except such property as the householder has purchased with intent to use in his dwelling and which is transported at the request of, and the transportation charges paid to the carrier by, the householder;
(B) furniture, fixtures, equipment, and the property of stores, offices, museums, institutions, hospitals or other establishments when a part of the stock, equipment, or supply of such stores, offices, museums, institutions, hospitals, or other establishments and such other similar property as the Commission may provide by regulation; except that this subparagraph shall not be construed to include the stock-in-trade of any establishment, whether consignor or consignee, other than used furniture and used fixtures, except when transported as incidental to moving of the establishment, or a portion thereof, from one location to another; and
(C) articles, including objects of art, displays, and exhibits, which because of their unusual nature or value require the specialized handling and equipment usually employed in moving household goods and such other similar articles as the Commission may provide by regulation; except that this subparagraph shall not be construed to include any article, whether crated or uncrated, which does not, because of its unusual nature or value, require the specialized handling and equipment usually employed in moving household goods.
(12) "household goods freight forwarder" means a freight forwarder of one or more of the following items: household goods, unaccompanied baggage, or used automobiles.
(13) "individually determined rate, classification, rule, or practice" means a rate, classification, rule, or practice established by—
(A) a single motor common carrier for application to transportation that it can provide over its line; or
(B) 2 or more interlining carriers without participation in an organization established or continued under an agreement approved under section 10706(b) for application to transportation that the interlining carriers can provide jointly over their lines.
(14) "motor carrier" means a motor common carrier and a motor contract carrier.
(15) "motor common carrier" means a person holding itself out to the general public to provide motor vehicle transportation for compensation over regular or irregular routes, or both.
(16) "motor contract carrier" means—
(A) a person, other than a motor common carrier, providing motor vehicle transportation of passengers for compensation under continuing agreements with a person or a limited number of persons—
(i) by assigning motor vehicles for a continuing period of time for the exclusive use of each such person; or
(ii) designed to meet the distinct needs of each such person; and
(B) a person providing motor vehicle transportation of property for compensation under continuing agreements with one or more persons—
(i) by assigning motor vehicles for a continuing period of time for the exclusive use of each such person; or
(ii) designed to meet the distinct needs of each such person.
(17) "motor private carrier" means a person, other than a motor carrier, transporting property by motor vehicle when—
(A) the transportation is as provided in section 10521(a)(1) and (2) of this title;
(B) the person is the owner, lessee, or bailee of the property being transported; and
(C) the property is being transported for sale, lease, rent, or bailment, or to further a commercial enterprise.
(18) "motor vehicle" means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on a highway in transportation, or a combination determined by the Commission, but does not include a vehicle, locomotive, or car operated only on a rail, or a trolley bus operated by electric power from a fixed overhead wire, and providing local passenger transportation similar to street-railway service.
(19) "non-contiguous domestic trade" means motor-water transportation subject to the jurisdiction of the Commission under
(20) "person", in addition to its meaning under
(21) "pipeline carrier" means a person providing pipeline transportation for compensation.
(22) "rail carrier" means a person providing railroad transportation for compensation.
(23) "railroad" includes—
(A) a bridge, car float, lighter, and ferry used by or in connection with a railroad;
(B) the road used by a rail carrier and owned by it or operated under an agreement; and
(C) a switch, spur, track, terminal, terminal facility, and a freight depot, yard, and ground, used or necessary for transportation.
(24) "rate" means a rate, fare, or charge for transportation.
(25) "sleeping car carrier" means a person providing sleeping car transportation for compensation.
(26) "State" means a State of the United States and the District of Columbia.
(27) "tariff", when used in reference to a contract carrier, means a schedule.
(28) "transportation" includes—
(A) a locomotive, car, vehicle, motor vehicle, vessel, warehouse, wharf, pier, dock, yard, property, facility, instrumentality, or equipment of any kind related to the movement of passengers or property, or both, regardless of ownership or an agreement concerning use; and
(B) services related to that movement, including receipt, delivery, elevation, transfer in transit, refrigeration, icing, ventilation, storage, handling, and interchange of passengers and property.
(29) "United States" means the States of the United States and the District of Columbia.
(30) "vessel" means a watercraft or other artificial contrivance that is used, is capable of being used, or is intended to be used, as a means of transportation by water.
(31) "water carrier" means a water common carrier and a water contract carrier.
(32) "water common carrier" means a person holding itself out to the general public to provide water transportation for compensation.
(33) "water contract carrier" means a person, other than a water common carrier, providing water transportation for compensation under an agreement with another person, including transportation on a vessel provided to a person other than a carrier subject to the jurisdiction of the Commission under this subtitle when the vessel is used to transport only the property of the other person.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10102(1) | 49:303(a)(18). | Feb. 4, 1887, ch. 104, |
| 10102(2) | (No source). | |
| 10102(3) | 49:1(10). | Feb. 4, 1887, ch. 104, |
| 10102(4) | 49:1(3)(a) (1st sentence). | Feb. 4, 1887, ch. 104, §1(3)(a), |
| 49:303(a)(14) (less exception). | ||
| 49:902(d) (less exception). | Feb. 4, 1887, ch. 104, |
|
| 49:1002(a)(5). | Feb. 4, 1887, ch. 104, |
|
| 10102(5) | (No source). | |
| 10102(6) | 49:1(3)(b). | Feb. 4, 1887, ch. 104, |
| 49:1002(a)(8). | ||
| 10102(7) | 49:1(3)(a) (1st sentence related to express carriers), (2d sentence). | |
| 49:303(a)(9). | ||
| 10102(8) | 49:1002(a)(5). | |
| 10102(9) | 49:303(a)(12). | |
| 10102(10) | 49:303(a)(16). | |
| 10102(11) | 49:303(a)(14) (less exception). | |
| 49:902(m). | ||
| 10102(12) | 49:303(a)(15). | |
| 10102(13) | 49:303(a)(17). | |
| 10102(14) | 49:303(a)(13). | |
| 10102(15) | 49:1(3)(a) (last sentence). | |
| 49:303(a)(1). | ||
| 49:902(a). | ||
| 49:1002(a)(1). | ||
| 10102(16) | 49:1(3)(a) (1st sentence related to pipeline carriers), (2d sentence). | |
| 10102(17) | 49:1(3)(a) (2d sentence). | |
| 49:902(1). | ||
| 10102(18) | 49:1(3)(a) (3d sentence). | |
| 10102(19) | 49:1(5)(c)(ii). | Feb. 4, 1887, ch. 104, |
| 10102(20) | 49:1(3)(a) (1st sentence related to sleeping car carriers), (2d sentence). | |
| 10102(21) | 49:303(a)(8). 49:902(k). |
|
| 49:1002(a)(3). | ||
| 10102(22) | (No source). | |
| 10102(23) | 49:1(3)(a) (4th sentence). | |
| 49:303(a)(19). | ||
| 49:902(g), (h). | ||
| 10102(24) | 49:902(j). 49:1002(a)(4). |
|
| 10102(25) | 49:902(f). | |
| 10102(26). | 49:902(c). | |
| 10102(27) | 49:902(d) (less exception). | |
| 10102(28) | 49:902(e) (1st and 2d sentences). |
In clause (1), the words "bona fide" are omitted for consistency and as being unnecessary. The words "transportation by motor carrier" are substituted for "transportation subject to this chapter" and "such transportation" for clarity and because the jurisdiction of the Commission is stated separately in
Clauses (2) and (4) are included because a number of the provisions of the subtitle relate to all carriers and all common carriers, respectively, subject to the jurisdiction of the Commission, and the terms "common carriers" and "carrier" provide simple phrases to refer to those carriers.
In clause (3), the words "subject to this chapter" are omitted as unnecessary in the definition and because the jurisdiction of the Commission is stated separately in
Clause (5) is included because a number of the provisions of the subtitle relate to motor contract carriers and water contract carriers, and the term "contract carrier" provides a simple phrase to refer to both of those kinds of carriers.
In clause (6), the words "or persons", "shall be construed to", "or trusts", "or companies", and "direct or indirect" are omitted for consistency and as being surplus. The words "reason of the method of or circumstances surrounding organization or operation, through or by" are omitted as unnecessary as being included in the words "power to exercise control". In 49:1(3)(b), the phrase "For the purposes of
In clauses (7), (16), (17), and (20), the words "for compensation" are substituted for "for hire" for consistency.
In clause (7), the words "natural or artificial" are omitted as surplus in view of the definition of "person" in this section and in
In clause (8), the words "to transport or" are omitted as surplus because of the use of the broader phrase "provide transportation". The words "or any class or classes of property, . . . in interstate commerce" are omitted as unnecessary in view of the restatement of the various definitions of "interstate commerce" and "foreign commerce" as grants of jurisdiction to the Commission. The words "ordinary course of its business" are substituted for "ordinary and usual course of its undertaking" for clarity. The word "place" is substituted for "point" for consistency.
In clause (11), the words "in interstate or foreign commerce of passengers or property or any class or classes thereof" are omitted as unnecessary in view of the restatement of the various definitions of "interstate commerce" and "foreign commerce" as grants of jurisdiction to the Commission under
In clause (12), the words "of passengers or property in interstate or foreign commerce" are omitted for consistency and as being unnecessary in view of the restatement of the various definitions of "interstate commerce" and "foreign commerce" as grants of jurisdiction to the Commission. The words "other than a motor common carrier" are substituted for "other than transportation referred to in paragraph (14) of this subsection" as being more precise. The words "and the exception therein" are omitted for consistency and as being unnecessary in view of the restatement of the exception in
In clause (13), the words "motor private carrier" are substituted for "private carrier of property by motor vehicle" for clarity. The words "other than a motor carrier" are substituted for "not included in the terms 'common carrier by motor vehicle' or 'contract carrier by motor vehicle' " in view of the definition in clause (10) that includes both such carriers. The words "the purpose of" are omitted as surplus. The words "as provided in section 10521(a)(1) and (2) of this title" are substituted for "interstate or foreign commerce" in view of the codification of the latter term from 49:303(a)(10) and (11) in section 10521(a) of the revised title.
In clause (14), the words "or rails" are omitted as surplus. The words "of passengers or property" are omitted as unnecessary in view of the definition of transportation that includes passengers and property.
In clause (15), the words "in addition to its meaning under
In clause (18), the words "a contract" and "or lease" are omitted as unnecessary because they are included in the word "agreement". The words "of every kind" are omitted as unnecessary. The words "persons or property" and "or delivery" are omitted as unnecessary because those terms are included in the definition of transportation.
In clause (19), the word "charge" is inserted for clarity. The definition is made applicable to the entire subtitle to eliminate repetition of the words "fares or charges". The words "persons or property" are omitted as unnecessary in view of the definition of transportation that includes passengers and property.
In clause (22), the definition of the word "tariff" is added for clarity.
Clause (23) consolidates and restates the source provisions for clarity and consistency. The words "express or implied" are omitted as unnecessary and for consistency. In 49:1(3)(a) (4th sentence), the word "agreement" is substituted for "contract" for consistency. In 49:303(a)(19), the word "service" is omitted to provide only one defined term for consistency in the codification of the subtitle. In 49:303(a)(19), the words "in interstate or foreign commerce" are omitted for consistency and as being unnecessary in view of the restatement of the various definitions of "interstate commerce" and "foreign commerce" as grants of jurisdiction to the Commission under
In clause (25), the words "of whatever description" are omitted as unnecessary.
In clause (27), the words "in interstate or foreign commerce of passengers or property or any class or classes thereof" are omitted as unnecessary in view of the restatement of the various definitions of "interstate commerce" and "foreign commerce" as grants of jurisdiction to the Commission.
In clause (28), the words "other than a water common carrier" are substituted for "other than transportation referred to in paragraph (d) of this section" as being more precise. The words "and the exception therein" are omitted for consistency and as being unnecessary in view of the restatement of the exception in section 10502 of the title as a jurisdictional provisional provision. The words "contracts or" are omitted as surplus and for consistency. The words "of passengers or property in interstate or foreign commerce" are omitted as unnecessary in view of the restatement of the various definitions of "interstate commerce" and "foreign commerce" as grants of jurisdiction to the Commission.
Amendments
1994—Par. (9).
Pars. (13) to (17).
Par. (18).
Pars. (19) to (32).
Par. (33).
1986—Par. (4).
Par. (9).
Pars. (12) to (31).
1982—Pars. (5) to (30).
1980—Par. (10).
Par. (11).
Par. (12).
Pars. (13) to (29).
Effective Date of 1986 Amendment
Section 15 of
Effective Date of 1982 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§10103. Remedies as cumulative
Except as otherwise provided in this subtitle, the remedies provided under this subtitle are in addition to remedies existing under another law or at common law.
(
The section consolidates and restates the source provisions for clarity. The word "subtitle" is substituted for "chapter" in 49:22(1) to conform to the revised title. The words "and nothing in this chapter contained shall in any way abridge or alter the remedies now existing" in 49:22(1) are omitted as unnecessary and as being included in the words "are in addition to". The word "law" is substituted for "statute" in 49:22(1) for consistency.
Amendments
1980—
Effective Date of 1980 Amendment
Amendment by
CHAPTER 103 —INTERSTATE COMMERCE COMMISSION
SUBCHAPTER I—ORGANIZATION
SUBCHAPTER II—ADMINISTRATIVE
SUBCHAPTER III—JOINT BOARDS
SUBCHAPTER IV—RAIL SERVICES PLANNING OFFICE
SUBCHAPTER V—OFFICE OF RAIL PUBLIC COUNSEL
Amendments
1980—
SUBCHAPTER I—ORGANIZATION
§10301. General
(a) The Interstate Commerce Commission is an independent establishment of the United States Government.
(b) The Commission is composed of 5 members appointed by the President, by and with the advice and consent of the Senate. The President shall designate one of the members as Chairman. Not more than 3 members may be appointed from the same political party.
(c) The term of each member of the Commission is 5 years and begins when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, is appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office.
(d) A member of the Commission may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another business, vocation, or employment.
(e) A vacancy in the membership of the Commission does not impair the right of the remaining members to exercise all of the powers of the Commission. The Commission may designate a member to act as Chairman during any period in which there is no Chairman designated by the President.
(f) Subject to the general policies, decisions, findings, and determinations of the Commission, the Chairman is responsible for administering the Commission. The Chairman may delegate the powers granted under this subsection to an officer, employee, or administrative unit of the Commission. The Chairman shall—
(1) appoint and supervise, other than regular and full time employees in the immediate offices of another member, the officers and employees of the Commission, including attorneys to provide legal aid and service to the Commission and its members, to represent the public interest in investigations and proceedings of the Commission, and to represent the Commission in any case in court;
(2) appoint the heads of major administrative units with the approval of the Commission;
(3) distribute Commission business among officers and employees and administrative units of the Commission;
(4) prepare requests for appropriations for the Commission and submit those requests to the President and Congress with the prior approval of the Commission; and
(5) supervise the expenditure of funds allocated by the Commission for major programs and purposes.
(g) The Commission shall have a seal that shall be judicially recognized.
(h) The expenses of the Commission shall be paid after presentation and approval by the Chairman of itemized vouchers.
(
The section consolidates and restates the source provisions for clarity. The 3d sentence of 49:11 is omitted as executed. The text of 49:18(1) (1st sentence) is omitted as surplus in view of
In subsection (d), the words "employ or" in the 6th sentence of 49:11 are omitted as surplus.
In subsection (f), the 2d and 3d sentences of 49:19a(a) are omitted as surplus. The words "examiners" and "special agents" are omitted as surplus. The words "executive and" in section 1(a) of Reorg. Plan No. 1 of 1969, are omitted as surplus.
In subsection (h), reference to transportation expenses is omitted as unnecessary in view of
Amendments
1982—Subsec. (b).
Subsec. (c).
Effective Date of 1982 Amendment
Section 502(b) of
Section 502(e) of
Section 502(h)(2) of
Abolition of Offices Vacant on July 1, 1982
Section 502(a) of
Abolition of Offices After December 31, 1985
Section 502(c), (d) of
"(c) Upon the expiration of the term of office as a member of the Interstate Commerce Commission which is prescribed by law to expire on December 31, 1982, any person appointed to fill such office after such date shall be appointed for a term of office which ends on December 31, 1985, and such office shall be abolished immediately after the expiration of that date.
"(d) Upon the expiration of the term of office as a member of the Interstate Commerce Commission which is prescribed by law to expire on December 31, 1983, any person appointed to fill such office after such date shall be appointed for a term of office which ends on December 31, 1985, and such office shall be abolished immediately after the expiration of that date."
Reappointment to Terms of Office Expiring on December 31, 1982, or December 31, 1983
Section 502(f) of
Extension of One Term of Office Prescribed by Law To Expire December 31, 1987
Section 502(g) of
§10302. Divisions of the Commission
(a) The Interstate Commerce Commission may establish and assign Commissioners to serve on as many divisions as may be necessary and may designate any division as an appellate division. Each division shall be composed of at least 3 Commissioners. The Commission may assign a Commissioner to serve on more than one division.
(b) Unless otherwise directed by the Commission—
(1) the Commissioner senior in service of the Commissioners on a division is chairman of the division; and
(2) the Chairman of the Commission, or another Commissioner designated by the Chairman, may serve on a division temporarily, when there is a vacancy in the membership of the division or when another Commissioner is absent or unable to serve.
(c) The Commission shall designate each division numerically or by a term descriptive of the function of that division.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10302 | 49:17(1). | Feb. 4, 1887, ch. 104, §17(1), |
| 49:305(h). | Feb. 4, 1887, ch. 104, |
|
| 49:916(a). | Feb. 4, 1887, ch. 104, |
|
| 49:1017(a). | Feb. 4, 1887, ch. 104, |
The section consolidates and restates the source provisions for clarity. The words "which may be changed from time to time" are omitted as surplus.
§10303. Secretary of the Commission; public records
(a) The Chairman of the Interstate Commerce Commission, with its approval, shall appoint the Secretary of the Commission.
(b) The Secretary is the custodian of public records filed with the Commission. Copies of classifications, tariffs, and all arrangements filed with the Commission under this subtitle, and the statistics, tables, and figures contained in reports made to the Commission under this subtitle, are public records. A public record, or a copy or extract of it, certified by the Secretary under the seal of the Commission is competent evidence in a proceeding of the Commission and in a judicial proceeding.
(
The section consolidates and restates the source provisions for clarity.
In subsection (a), the 2d sentence of 49:17(4) is omitted as surplus.
In subsection (b), the words "shall be preserved" and "with like effect as the originals" from 49:16(13), 916(d), and 1017(d) are omitted as surplus. The word "arrangements" is substituted for "contracts, agreements, and arrangements" for clarity. The word "tariffs" is substituted for "schedules . . . tariffs" in view of the definition of "tariff" in section 10102 of the revised title. The words "rates, fares, and charges" are omitted in view of the requirement of subchapter IV of
§10304. Employee boards
The Interstate Commerce Commission may establish employee boards composed of at least 3 employees. An employee who is a director or assistant director of a bureau, a chief of a section, an employee designated by the Commission, or an attorney may serve on a board.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10304 | 49:17(2) (1st sentence 80th–98th words and 2d sentence). | Feb. 4, 1887, ch. 104, §17(2) (1st sentence 80th–98th words and 2d sentence), |
| 49:305(h). | Feb. 4, 1887, ch. 104, |
|
| 49:916(a). | Feb. 4, 1887, ch. 104, |
|
| 49:1017(a). | Feb. 4, 1887, ch. 104, |
The words "The following classes of employees shall be eligible for designation by the Commission to serve on such boards" are omitted as unnecessary in view of the restatement. The words "employee designated by the Commission" are substituted for "examiner" because as used in this section the term is not limited to an employee appointed under
§10305. Delegation of authority
(a) The Interstate Commerce Commission may delegate to a division, an individual Commissioner, an employee board, or an employee appointed under
(b) Delegation to a division of a matter related to the validity of rates shall be made according to the character of regulation exercised. The delegation of any such matter may not be made according to the kind or class of carrier involved or to the form or mode of transportation in which that carrier may be engaged.
(c) A division, individual Commissioner, employee board, or an employee may act on a matter delegated under subsection (a) of this section. When acting under this section, a division, individual Commissioner, board, or an employee has the same power and authority and is subject to the same duties and obligations as the Commission. Action taken under this section has the same force and is taken in the same manner as if taken by the Commission.
(
In subsection (a), the words "work, business, or functions under any provision of law" and "by order" from 49:17(2) are omitted as surplus. The word "change" is substituted for "amend", "modify", and "supplement" in 49:17(2) for clarity and consistency. The words "employee appointed under
In subsection (c), the words "hear", "determine", "order", "certify", "report", "otherwise act", "force", and "evidenced" from 49:17(4) are omitted as surplus.
Section Referred to in Other Sections
This section is referred to in
§10306. Conduct of proceedings
(a) A majority of the Interstate Commerce Commission, a division, or an employee board is a quorum for the transaction of business. A Commissioner, the Secretary of the Commission, a member of an employee board, or an employee delegated to act under
(b) A party may appear and be heard before the Commission, a division, an individual Commissioner, a board, or an employee delegated to act under
(c) The Commission shall conform its forms for giving notice and their manner of service, to the extent practical, to those used by the courts of the United States.
(d) Votes and other official acts of the Commission, a division, an individual Commissioner, an employee board, or an employee delegated to act under
(e) A member of a board and an employee delegated to act under
(f) The Commission shall review at least once every 3 years and revise as necessary the rules of practice for matters related to rail carriers adopted under section 305(c) 1 of the Railroad Revitalization and Regulatory Reform Act of 1976 (
(
In subsections (a)–(e), the first sentence of 49:17(3) is omitted as surplus. The words "The Commission may, from time to time, make or amend such general rules or orders as may be requisite for the order and regulation of proceedings before it, or before any division, individual Commissioner, or board, including forms of notice and service thereof" in 49:17(3) (5th sentence) are omitted as unnecessary in view of section 10321 of the revised title. The last sentence of 49:17(3) is omitted as unnecessary in view of section 10301(d) of the revised title and subsection (e) of this section. The words "individual admitted to practice under
In subsection (f), the words "at least" are substituted for "not less than" for clarity and consistency. The word "periodically" is omitted as surplus. The words "section 305(c) of the Railroad Revitalization and Regulatory Reform Act of 1976 (
References in Text
Section 305(c) of the Railroad Revitalization and Regulatory Reform Act of 1976 (
1 See References in Text note below.
§10307. Office and sessions
(a) The principal office of the Interstate Commerce Commission is in the District of Columbia. Until otherwise provided by law, the Commission may obtain suitable offices for its use and may procure all necessary office supplies.
(b) General sessions of the Commission are held at its principal office. However, the Commission may hold special sessions in any part of the United States, for the convenience of the public or the parties and to avoid delay and expense. The Commission, an individual Commissioner, an employee board, or an employee delegated to act under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10307(a) (1st sentence) | 49:19. | Feb. 4, 1887, ch. 104, §19, |
| 10307(a) (2d sentence) | 49:18(1) (4th sentence). | Feb. 4, 1887, ch. 104, |
| 10307(b) | 49:19. | |
| 49:305(c) (related to the Commission). | Feb. 4, 1887, ch. 104, |
In subsection (a) (1st sentence), the words "District of Columbia" in 49:19 are substituted for "city of Washington" to reflect its incorporation.
In subsection (b), the words "conduct proceedings under this subtitle" are substituted for "prosecute any inquiry necessary to its duties" in 49:19 and "hearings" in 49:305(c). Subsection (b) is written to have subtitle-wide application because of the general power of the Commission to conduct investigations and carry out the subtitle under sections 10321 and 11701 of the revised title.
§10308. Admission to practice
Subject to
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10308 | 49:17(13). | Feb. 4, 1887, ch. 104, |
| 49:305(h). | Feb. 4, 1887, ch. 104, |
|
| 49:916(a). | Feb. 4, 1887, ch. 104, |
|
| 49:1017(a). | Feb. 4, 1887, ch. 104, |
The section consolidates and restates the source provisions for clarity. The last clause of 49:17(13) is omitted as surplus in view of
Section Referred to in Other Sections
This section is referred to in
§10309. Access to records by congressional committees
(a) When the Committee on Energy and Commerce of the House of Representatives or the Committee on Commerce, Science, and Transportation of the Senate makes a written request for a record in the possession or under the control of the Interstate Commerce Commission related to a matter involving a rail carrier providing transportation subject to this subtitle, the Commission shall send that record or a copy to the committee by the 10th day after the date of receipt of the request. If the record is not sent, the Commission shall send a written report to that committee within the 10-day period stating the reason why the record has not been sent and the anticipated date on which it will be sent. If the Commission transfers a record in its possession or under its control to another department, agency, or instrumentality of the United States Government, or to a person, it must condition the transfer on the guaranteed return of the record by the transferee to the Commission so that the Commission can comply with this subsection.
(b) Subsection (a) of this section does not apply to a record obtained by the Commission from a person subject to regulation by it if the record contains trade secrets or commercial or financial information of a privileged or confidential nature. Subsection (a) of this section does not limit other authority of Congress, either House of Congress, or a committee or subcommittee of either House, to obtain a record.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10309 | 49:17(15). | Feb. 4, 1887, ch. 104, |
| 49:305(h). | Feb. 4, 1887, ch. 104, |
|
| 49:916(a). | Feb. 4, 1887, ch. 104, |
|
| 49:1017(a). | Feb. 4, 1887, ch. 104, |
The words "Committee on Commerce, Science, and Transportation" are substituted for "Committee on Commerce" to conform to the amendment made to Senate Rule XXV changing the name of the committee. The word "record" is substituted for "document" for consistency with other sections of the revised title and with subchapter II of
Amendments
1994—Subsec. (a).
Change of Name
Committee on Energy and Commerce of House of Representatives changed to Committee on Commerce of House of Representatives, with certain jurisdiction relating to railroads, railway labor, or railway retirement and unemployment given to Committee on Transportation and Infrastructure of House of Representatives, by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
§10310. Reporting official action
(a) The Interstate Commerce Commission shall make a written report of each proceeding conducted on complaint or on its own initiative and furnish a copy to each party to that proceeding. The report shall include the findings, conclusions, and the order of the Commission and, if damages are awarded, the findings of fact supporting the award. The Commission may have its reports published for public use. A published report of the Commission is competent evidence of its contents.
(b)(1) When action of the Commission in a matter related to a rail carrier is taken by the Commission, a division, a group of Commissioners, an individual Commissioner, an employee board, an employee delegated to act under
(A) the official designation of the individual or group taking the action;
(B) the name of each individual taking, or participating in taking, the action; and
(C) the vote or position of each participating individual.
(2) If an individual member of a group taking an official action referred to in paragraph (1) of this subsection does not participate in it, the written statement of the action shall indicate that the member did not participate. An individual participating in taking an official action is entitled to express the views of that individual as part of the written statement of the action. In addition to any publication of the written statement, it shall be made available to the public under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10310(a) | 49:14(1), (2), (3) (less last sentence). | Feb. 4, 1887, ch. 104, §14(1), (2), (3) (less last sentence), |
| 49:304(d) (related to reports). | Feb. 4, 1887, ch. 104, |
|
| 49:916(c). | Feb. 4, 1887, ch. 104, |
|
| 49:1017(c). | Feb. 4, 1887, ch. 104, |
|
| 10310(b) | 49:17(9)(j). | Feb. 4, 1887, ch. 104, |
In subsection (a), the words "enter of record" and "decisions" are omitted as surplus. The words "for public use" are substituted for "form best adapted for public information and use" for clarity. The words "in all courts of the United States and of the several States without any further proof or authentication thereof" are omitted as surplus.
Subsection (b) is made applicable to official action related only to rail carriers since 49:17(9)(j) is governed by the limitation of 49:17(9)(i) which makes paragraph (9) applicable to matters related to rail carriers only. The words "written statement" are substituted for "reports in writing and other written statement". The last sentence is substituted for the last sentence of 49:17(9)(j) for clarity.
§10311. Annual report
The Interstate Commerce Commission shall prepare and send to Congress an annual report before April 3 of each year. The Commission shall include in the annual report information that may be of value in answering questions related to regulation of transportation and the names and pay of individuals employed by the Commission. The Commission may include in its annual report, or send to Congress at any time, recommendations for additional legislation related to regulation of transportation.
(
The section consolidates and restates the source provision for clarity. The words "and copies of which shall be distributed as are the other reports transmitted to Congress" in 49:21 are omitted as unnecessary. The words "and data collected by the Commission" in 49:21 are omitted as surplus. The words "individuals employed by" are substituted for "persons employed by" in 49:21 since only natural persons may be employees. The last sentence of 49:14(3) is omitted as unnecessary.
Report on Application of Surcharges and Cancellation of Joint Rates; Inclusion Within Annual Report
"(A) an analysis of the effect of application of surcharges and the cancellation of the application of joint rates under such section 10705a on shippers, ports, class II and class III rail carriers, railroad employees, and other elements of the rail system;
"(B)(i) the number of surcharges applied by the Consolidated Rail Corporation and all other rail carriers under such section 10705a and the amount of revenue received by the Corporation and all other rail carriers from the application of such surcharges, (ii) the number of surcharges applied by the Corporation and all other rail carriers that were canceled under the procedures of such section 10705a, and (iii) the number of cancellations of the application of a joint rate by the Corporation and all other rail carriers under such section 10705a; and
"(C) an analysis of the operation of the remedies made available to class III rail carriers under subsections (i), (j), and (k) of such section 10705a and to class II and class III rail carriers under subsection (l) of such section 10705a."
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER II—ADMINISTRATIVE
Subchapter Referred to in Other Sections
This subchapter is referred to in
§10321. Powers
(a) The Interstate Commerce Commission shall carry out this subtitle. Enumeration of a power of the Commission in this subtitle does not exclude another power the Commission may have in carrying out this subtitle. The Commission may prescribe regulations in carrying out this subtitle.
(b) The Commission may—
(1) inquire into and report on the management of the business of carriers providing, and brokers for, transportation and service subject to this subtitle;
(2) inquire into and report on the management of the business of a person controlling, controlled by, or under common control with those carriers or brokers to the extent that the business of that person is related to the management of the business of that carrier or broker;
(3) obtain from those carriers, brokers, and persons information the Commission decides is necessary to carry out this subtitle; and
(4) consistent with the transportation policy of
(c)(1) The Commission, an individual Commissioner, an employee board, and an employee delegated to act under
(2) Subpenas may be signed by a Commissioner, the Secretary of the Commission, or a member of a board when the subpena relates to a matter delegated to the board under
(3) The district courts of the United States have jurisdiction to enforce a subpena issued under this section. Trial is in the district in which the proceeding is conducted. The court may punish a refusal to obey a subpena as a contempt of court.
(d)(1) In a proceeding, the Commission may take the testimony of a witness by deposition and may order the witness to produce records. A party to a proceeding pending before the Commission may take the testimony of a witness by deposition and may require the witness to produce records at any time after a proceeding is at issue on petition and answer.
(2) If a witness fails to be deposed or to produce records under paragraph (1) of this subsection, the Commission may subpena the witness to take a deposition, produce the records, or both.
(3) A deposition may be taken before a judge of a court of the United States, a United States magistrate judge, a clerk of a district court, or a chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any State, or a notary public who is not counsel or attorney of a party or interested in the proceeding.
(4) Before taking a deposition, reasonable notice must be given in writing by the party or the attorney of that party proposing to take a deposition to the opposing party or the attorney of record of that party, whoever is nearest. The notice shall state the name of the witness and the time and place of taking the deposition.
(5) The testimony of a person deposed under this subsection shall be taken under oath. The person taking the deposition shall prepare, or cause to be prepared, a transcript of the testimony taken. The transcript shall be subscribed by the deponent.
(6) The testimony of a witness who is in a foreign country may be taken by deposition before an officer or person designated by the Commission or agreed on by the parties by written stipulation filed with the Commission. A deposition shall be filed with the Commission promptly.
(e) Each witness summoned before the Commission or whose deposition is taken under this section and the individual taking the deposition are entitled to the same fees and mileage paid for those services in the courts of the United States.
(
The section consolidates and restates the source provisions for clarity.
In subsection (a), the words "carry out" are substituted for "execute" and "enforce" in 49:12(1)(a) and 304(a)(6) and for "administer" in 49:304(a)(6), 904(a), and 1003(a) for clarity. In the second sentence, the words "foregoing" and "making of an order" from 49:15(16) are omitted as surplus.
In subsection (b), the words "The Commission may" are substituted for "The Commission shall have authority, in order to perform the duties and carry out the objects for which it was created" and "and the Commission shall keep itself informed as to the manner and method in which the same are conducted" from 49:12(1)(a) because the authority is discretionary. A similar change has been made for language in 49:304(a) (matter before paragraph (1)), 904(a), and 1003(a).
In subsections (c) and (d), the words after the semicolon in 49:305(c) are omitted as unnecessary in view of the restatement.
In subsection (c)(1), the word "records" is substituted for "books, papers, tariffs, contracts, agreements, and documents". The word "proceeding" is substituted for "proceeding", "matter", and "investigation" to eliminate redundancy.
In subsection (d)(1), the word "proceeding" is substituted for "proceeding or investigation" to eliminate redundancy.
In subsection (d)(3), the words "United States magistrate" are substituted to conform to title 28. The term "district court" is substituted for "circuit court" because of the Act of March 3, 1911, ch. 231, §291,
In subsection (d)(5), the word "oath" is substituted for "cautioned and sworn (or affirm, if he so request)" in view of
Pub. L. 103–272
Section 4(j)(12) amends 49:502(e)(2) and 10321(d)(3) to reflect the change in the name of United States magistrates to United States magistrate judges made by section 321 of the Judicial Improvements Act of 1990 (
References in Text
Amendments
1994—Subsec. (d)(3).
1982—Subsec. (b)(4).
Effective Date of 1982 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§10322. Commission action and appellate procedure in non-rail proceedings
(a) This section applies to a matter before the Interstate Commerce Commission over which the Commission has jurisdiction under
(b)(1) Except as provided in paragraph (2) of this subsection, a division, individual commissioner, employee board, or an employee delegated under
(A) shall, in any case in which an oral hearing is held or the Commission has found that an issue of general transportation importance is involved, complete all evidentiary proceedings related to the matter not later than the 180th day following institution of the proceeding and shall issue in writing the initial decision not later than the 270th day following institution of the proceeding; and
(B) shall, in the case of all other proceedings subject to this section, issue in writing the initial decision by the 180th day following institution of the proceeding.
If evidence is submitted in writing or testimony is taken at an oral hearing, the initial decision shall include specific findings of fact, specific and separate conclusions of law, an order, and justification for the findings of fact, conclusions of law, and order.
(2) In any case involving an application for authority to provide motor carrier transportation incidental to trailer-on-flatcar or container-on-flatcar service by rail under subchapter II of
(3) At the earliest practicable time after the filing of an application for authority under subchapter II of
(c) The Commission, or a division designated by the Commission, may waive the requirement for an initial decision under subsection (b) of this section and may require the matter to be considered by the Commission or such division on finding that the matter involves a question of Commission policy, a new or novel issue of law, or an issue of general transportation importance or that waiver of the initial decision is required for the timely execution of the Commission's functions. If the requirement for an initial decision is waived, a final decision shall be issued in writing within the time limit established for the issuance of the initial decision under subsection (b) of this section.
(d) In a proceeding under this section in which the parties have had at least an opportunity to submit evidence in written form, such parties shall have an opportunity to present arguments to the initial decisionmaker. The decisionmaker shall determine whether the arguments should be presented orally or in writing and may require that written arguments be submitted simultaneously with written submissions of evidence and that oral arguments be presented at an oral hearing. Upon issuance of an initial decision under this section, copies of such decision shall be served on the parties and submitted to the Commission.
(e) An initial decision under this section becomes a final decision on the 20th day after it is served on the interested parties, unless—
(1) an interested party files an appeal during the 20-day period or, if authorized by the Commission or division designated by the Commission, by the end of an additional period of not more than 20 days; or
(2) the Commission stays or postpones under subsection (f)(1) of this section the initial decision not later than the 20th day following the date it is served on the parties.
(f)(1) Before an initial decision under this section becomes a final decision, the Commission or a division or an employee board designated by the Commission, may review the initial decision on its own initiative and shall review an initial decision if a timely appeal is filed under subsection (e) of this section.
(2) An initial decision may be reviewed on the record on which it is based or by a further hearing. If an initial decision is reviewed, it shall be stayed pending final determination of the matter and it becomes a final decision only after the final determination is made. If a timely appeal is filed under subsection (e) of this section, the final determination shall be made not later than the 50th day after the appeal is filed. If an initial decision under this section is reviewed by the Commission or a division or an employee board designated by the Commission on its own initiative, the final decision shall be made not later than the 50th day after initiation of such review.
(3) Notwithstanding the provisions of paragraph (2) of this subsection, if an initial decision under this section is reviewed by further hearing, such review shall be completed, and a final decision made, not later than the 120th day following the date the further hearing is granted.
(4) Review of, or appeal from, an initial decision under this section shall be conducted under
(g)(1) The Commission may, at any time on its own initiative because of material error, new evidence, or substantially changed circumstances—
(A) reopen a proceeding;
(B) grant rehearing, reargument, or reconsideration of an action of the Commission; and
(C) change an action of the Commission.
An interested party may petition to reopen and reconsider an action of the Commission under this paragraph under regulations of the Commission.
(2) The Commission may grant a rehearing, reargument, or reconsideration of an action of the Commission that was taken by a division or an employee board designated by the Commission if it finds that—
(A) the action involved a matter of general transportation importance; or
(B) the action would be affected materially because of clear and convincing new evidence or changed circumstances.
An interested party may petition for rehearing, reargument, or reconsideration of an action of the Commission under this paragraph under regulations of the Commission. The Commission may stay an action pending a final determination under this paragraph. The Commission shall complete reconsideration and take final action by the 120th day after the petition is granted.
(3) If the Commission initiates any action under paragraph (1) of this subsection, final disposition under such paragraph shall be made not later than the 120th day following the date action is initiated.
(h) A final decision under this section shall be effective on the date it is served on the parties, and a civil action to enforce, enjoin, suspend, or set aside the decision may be filed after that date.
(i) In extraordinary circumstances, the Commission may extend a time period established by this section, except that the total of all such extensions with respect to any matter subject to the provisions of this section shall not exceed 90 days.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10322 | 49:17(5). | Feb. 4, 1887, ch. 104, |
| 49:305(h). | Feb. 4, 1887, ch. 104, |
|
| 49:916(a). | Feb. 4, 1887, ch. 104, |
|
| 49:1017(a). | Feb. 4, 1887, ch. 104, |
The section consolidates and restates the source provisions for clarity. The last sentence of 49:17(5) is omitted as unnecessary in view of section 10305 of the revised title. The words "initial decision" are substituted for "finding, report, or requirement" for consistency in view of subchapter II of
References in Text
Amendments
1994—Subsec. (a).
1984—Subsec. (a).
1982—Subsec. (a).
Subsec. (b)(3).
1980—Subsec. (a).
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
[§10323. Repealed. Pub. L. 96–296, §25(b), July 1, 1980, 94 Stat. 818 ]
Section,
§10324. Commission action
(a) Unless otherwise provided in this subtitle, the Interstate Commerce Commission may determine, within a reasonable time, when its actions, other than an action ordering the payment of money, take effect.
(b) An action of the Commission remains in effect under its own terms or until superseded. The Commission may change, suspend, or set aside any such action on notice. Notice may be given in a manner determined by the Commission. A court of competent jurisdiction may suspend or set aside any such action.
(c) An action of the Commission under
(
In subsection (b), the word "change" is substituted for "modify" for consistency.
In subsection (c), the words "made in accordance with the provisions of this section and the rules and regulations of the Commission" are omitted as surplus because of the reference to section 10323 of the revised title governing applications for rehearing, reargument, and reconsideration, and since the power to prescribe regulations is stated in section 10321 of the revised title. The words "is enforceable" are substituted for "pending disposition of the matter by the Commission or appellate division; but otherwise the making of such an application shall not excuse any person from complying with or obeying the decision, order, or requirement, or operate to stay or postpone the enforcement thereof" to eliminate surplus words and for clarity. The subsection is made generally applicable to all Commission action because of
Pub. L. 96–258
This amends section 10324(c) by making a technical change to conform to the source provisions and make clear that a stay or postponement is automatic on the filing of an application for rehearing, reargument, or reconsideration only when the initial decision is made by a decision maker other than the full Commission. The words "before the initial decision becomes an action of the Commission" are substituted for "the decision . . . has not yet become effective" in the source provision for clarity and to conform to
Explanation of Senate Amendments
Section 1(1) of the bill amends
Amendments
1980—Subsec. (a).
Subsec. (c).
[§10325. Repealed. Pub. L. 96–296, §25(d), July 1, 1980, 94 Stat. 818 ]
Section,
§10326. Limitations in rulemaking proceedings related to rail carriers
(a) When, under
(b)(1) If a petition is denied or action is not taken within the 120-day period under subsection (a) of this section, the petitioner may begin a civil action in an appropriate court of appeals of the United States for an order directing the Commission to begin a proceeding to take the action requested in the petition. A civil action under this subsection must be filed by the 60th day after the date of the denial or by the 60th day after the end of the 120-day period, whichever is appropriate.
(2) The court of appeals shall order the Commission to begin the action requested in the petition to the Commission if the court finds that the action requested in that petition is necessary and failure to take that action will result in the continuation of practices that are not consistent with the public interest or are not in accordance with this subtitle. The finding of the court must be based on a preponderance of the evidence in the record before the Commission or its delegate, or, if the civil action is based on a petition on which action was not taken, in a new proceeding before the court. The court may not require the Commission to take action under this subtitle other than to begin a rulemaking proceeding.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10326 | 49:13(6). | Feb. 4, 1887, ch. 104, |
The section restates the source provision for clarity. In subsection (a), the word "an employee delegated to act under
§10327. Commission action and appellate procedure in rail carrier proceedings
(a) This section applies to a matter before the Interstate Commerce Commission involving a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of
(b) A division, individual Commissioner, employee board, or employee delegated under
(1) specific findings of fact;
(2) specific and separate conclusions of law;
(3) an order; and
(4) justification of the findings of fact, conclusions of law, and order.
(c) The Commission, or a division designated by the Commission, may void the requirement of an initial decision under subsection (b) of this section and may require the matter to be considered by the Commission or that division on finding that the matter involves a question of Commission policy, a new or novel issue of law, or an issue of general transportation importance, or that it is required for the timely execution of its functions.
(d) In a proceeding under this section, after the parties have had at least an opportunity to submit evidence in written form, the Commission shall give them an opportunity for briefs, written statements, or conferences of the parties. A conference of the parties must be chaired by a division, an individual Commissioner, an employee board, an employee delegated to act under
(e) Copies of an initial decision under subsection (b) of this section shall be served on the interested parties. An initial decision becomes an action of the Commission on the 20th day after it is served on the interested parties, unless—
(1) an interested party files an appeal during the 20-day period, or by the end of an additional period of not more than 20 days, if authorized by the Commission or division designated by the Commission; or
(2) the Commission stays or postpones the initial decision under subsection (g)(2) or (j) of this section within the period or additional period referred to in clause (1) of this subsection.
(f)(1) Before an initial decision becomes an action of the Commission, the Commission, or a division or board designated by the Commission, may review the initial decision on its own initiative, and shall review an initial decision if an appeal is filed under subsection (e)(1) of this section. However, a board may not decide an appeal from an initial decision if the appeal may be further appealed to the Commission.
(2) An initial decision may be reviewed on the record on which it is based or by a further hearing. If an initial decision is reviewed, it shall be stayed pending final determination of the matter, and it is an action of the Commission only after the final determination is made. If an appeal is filed under subsection (e)(1) of this section, the final determination shall be made by the 180th day after the appeal is filed.
(3) Review of, or appeal from, an initial decision shall be conducted under
(g)(1) The Commission may, at any time on its own initiative because of material error, new evidence, or substantially changed circumstances—
(A) reopen a proceeding;
(B) grant rehearing, reargument, or reconsideration of an action of the Commission; and
(C) change an action of the Commission.
An interested party may petition to reopen and reconsider an action of the Commission under this paragraph under regulations of the Commission.
(2) The Commission may grant a rehearing, reargument, or reconsideration of an action of the Commission that was taken by a division designated by the Commission if it finds that—
(A) the action involves a matter of general transportation importance; or
(B) the action would be affected materially because of clear and convincing new evidence or changed circumstances.
An interested party may petition for rehearing, reargument, or reconsideration of an action of the Commission under this paragraph under regulations of the Commission. The Commission may stay an action pending a final determination under this paragraph. The Commission shall complete reconsideration and take final action by the 120th day after the petition is granted.
(h) An action of the Commission under this section and an action of a designated division under subsection (c) of this section is effective on the 30th day after service on the parties to the proceeding unless the Commission provides for it to become effective on an earlier date.
(i) Notwithstanding this subtitle, an action of the Commission under this section and an action of a designated division under subsection (c) of this section is final on the date on which it is served, and a civil action to enforce, enjoin, suspend, or set aside the action may be filed after that date.
(j) The Commission may extend a time period established by this section for a period of not more than 90 days. The extension shall be granted if a majority of the Commissioners agree to it by public vote.
(k) If an extension granted under subsection (j) of this section is not sufficient to allow for completion of necessary proceedings, the Commission may grant a further extension in an extraordinary situation if—
(1) a majority of the Commissioners agree to the further extension by public vote; and
(2) not later than the 15th day before expiration of the extension granted under subsection (j) of this section, the Commission submits a written report to the Congress that a further extension has been granted. The report shall include—
(A) a full explanation of the reasons for the further extension;
(B) the anticipated duration of the further extension;
(C) the issues involved in the matter before the Commission; and
(D) the names of personnel of the Commission working on the matter.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10327(a) | 49:17(9)(i). | Feb. 4, 1887, ch. 104, |
| 10327(b) | 49:17(9)(b) (1st sentence). | |
| 10327(c) | 49:17(9)(b) (2d sentence). | |
| 10327(d) | 49:17(9)(a). | |
| 10327(e) | 49:17(9)(b) (less 1st and 2d sentences). | |
| 10327(f) | 49:17(9)(c). | |
| 10327(g)(1) | 49:17(9)(g). | |
| 10327(g)(2) | 49:17(9)(d) (less 1st sentence). | |
| 10327(h) | 49:17(9)(d) (1st sentence). | |
| 10327(i) | 49:17(9)(h). | |
| 10327(j) | 49:17(9)(e). | |
| 10327(k) | 49:17(9)(f). |
The section restates the source provision for clarity.
In subsections (b) and (d), the words "employee delegated under
In subsection (d), the word "section" is substituted for "chapter" for consistency since 49:17(9) by its own term applies only to matters involving rail carriers. See also, Report of the Committee on Conference (S. Rep. 94–595, 94th Cong.), 162.
In subsection (g)(1), the word "change" is substituted for "reverse, change, or modify" to eliminate redundancy. The words "for leave to request reopening" are omitted as surplus.
In subsection (i), the word "section" is substituted for "paragraph" to conform the subsection to the remainder of the section. The words "in a court of the United States pursuant to the provisions of law which are applicable to suits to enforce, enjoin, suspend, or set aside orders of the Commission" are omitted as surplus in view of the jurisdictional language of chapters 157 and 158 of title 28.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10327(k)(1) | 49:17(9)(f)(i). | Nov. 8, 1978, |
Amendments
1982—Subsec. (j).
1980—Subsec. (a).
Subsec. (k)(1).
Section Referred to in Other Sections
This section is referred to in
§10328. Intervention
(a) Designated representatives of employees of a carrier may intervene and be heard in a proceeding arising under this subtitle that affects those employees.
(b)(1) Under regulations of the Interstate Commerce Commission, reasonable notice of, and an opportunity to intervene and participate in, a proceeding under this subtitle related to transportation subject to the jurisdiction of the Commission under subchapter II of
(2) The Commission may adopt, after a rulemaking proceeding in accordance with the provisions of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10328(a) | 49:17(12). | Feb. 4, 1887, ch. 104, |
| 49:305(h). | Feb. 4, 1887, ch. 104, |
|
| 49:916(a). | Feb. 4, 1887, ch. 104, |
|
| 49:1017(a). | Feb. 4, 1887, ch. 104, |
|
| 10328(b) | 49:305(e). | Feb. 4, 1887, ch. 104, |
In subsection (a), the words "this chapter and chapters 8 and 12 of this title" from 49:17(12) are omitted as surplus.
Subsection (b) restates the source provision for clarity and for consistency in view of section 10342(b) of the revised title. The words "an opportunity to intervene and participate in" are substituted for "opportunity for intervention in any such proceeding for the purpose of making representations to the Commission or for participating in a hearing, if a hearing is held, shall be afforded" as being more inclusive and for clarity in view of the restatement. The word "persons" is substituted for "parties" as being more accurate.
Amendments
1986—Subsec. (b)(2).
1982—Subsec. (b).
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§10329. Service of notice in Commission proceedings
(a)(1) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(2) A motor carrier, a broker, a water carrier, or a household goods freight forwarder providing transportation or service subject to the jurisdiction of the Commission under subchapter II, III, or IV of
(b) A designation under subsection (a) of this section shall be in writing and filed with the Commission. A motor carrier or broker providing transportation under a certificate or permit issued under this subtitle shall also file the designation with the authority of each State in which it operates having jurisdiction to regulate transportation by motor vehicle in intrastate commerce on the highways of that State. The designation may be changed at any time in the same manner as originally made.
(c) Except as otherwise provided, notices of the Commission shall be served as follows:
(1) A notice of the Commission to a rail, express, sleeping car, or pipeline carrier is served on its designated agent at the office or usual place of residence in the District of Columbia of that agent. A notice of action of the Commission shall be served immediately on the agent or in another manner provided by law. If that carrier does not have a designated agent, service may be made by posting the notice in the office of the Secretary of the Commission.
(2) A notice to a motor carrier or broker is served personally or by mail on the motor carrier or broker or its designated agent. Service by mail on the designated agent is made at the address filed for the agent. When notice is given by mail, the date of mailing is considered to be the time when the notice is served. If a motor carrier or broker does not have a designated agent, service may be made by posting a copy of the notice in the office of the secretary or clerk of the authority having jurisdiction to regulate transportation by motor vehicle in intrastate commerce on the highways of the State in which the carrier or broker maintains headquarters and in the office of the Secretary of the Commission.
(3) A notice to a water carrier or household goods freight forwarder is served personally or by mail on the water carrier or household goods freight forwarder or its designated agent. Service by mail on the designated agent is made at the address filed for the agent. When notice is given by mail, the date of mailing is considered to be the time when notice is served. If a water carrier or household goods freight forwarder does not have a designated agent, service may be made by posting the notice in the office of the Secretary of the Commission.
(d) In a proceeding involving the lawfulness of classifications, rates, or practices of (1) a rail, express, sleeping car, or pipeline carrier that has not designated an agent under this section, or (2) a household goods freight forwarder, service of notice of the Commission on an attorney in fact who filed the tariff for the carrier constitutes service of notice on the carrier.
(e) In a proceeding involving the lawfulness of classifications, rates, or practices—
(1) service of notice of the suspension of a tariff on an attorney in fact of a carrier or broker, except a freight forwarder, constitutes service of notice on the carrier or broker if that attorney filed the tariff and, if the carrier is a water carrier, the notice specifies the classifications, rates, or practices involved; and
(2) service of notice of the suspension of a joint tariff or schedule on a carrier or a broker, except a freight forwarder, that filed that tariff or schedule to which another carrier or broker is a party and, if the carrier is a water carrier, the notice specifies the classifications, rates, or practices involved, constitutes service of notice on all carriers or brokers that are parties to the joint tariff.
Service of notice under this subsection may be made by mail on that attorney or carrier at the address shown in the tariff.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10329(a)(1) | 49:50 (related to notice less 22d and 23d and 68th–98th words and words after semicolon). | June 18, 1910, ch. 309, §6, |
| 10329(a)(2) | 49:321(a) (1st sentence less "in writing"), (d) (related to notice). | Feb. 4, 1887, ch. 104, |
| 49:915(a) (1st sentence less "in writing"). | Feb. 4, 1887, ch. 104, |
|
| 49:1016(a) (1st sentence less "in writing"). | Feb. 4, 1887, ch. 104, |
|
| 10329(b) | 49:50 (related to notice 22d and 23d and 68th–98th words and less words after semicolon). 49:321(a) (1st and 2d sentences less "in writing" in 1st sentence). 49:915(a) (1st and 2d sentences less "in writing" in 1st sentence). 49:1016(a) (1st and 2d sentences less "in writing" in 1st sentence). |
|
| 10329(c)(1) | 49:16(5) (1st sentence). | Feb. 4, 1887, ch. 104, §16(5), |
| 49:50 (related to notice less words before semicolon). | ||
| 10329(c)(2) | 49:321(a) (3d, 4th, and 5th sentences). | |
| 10329(c)(3) | 49:915(a) (3d, 4th, and 5th sentences). 49:1016(a) (3d, 4th, and 5th sentences). |
|
| 10329(d) | 49:16(5) (2d sentence less proviso). | |
| 49:1016(a) (6th sentence). | ||
| 10329(e) | 49:16(5) (proviso of 2d sentence and last sentence). 49:321(a) (less 1st–5th sentences). 49:915(a) (less 1st–5th sentences). |
The section restates the source provisions for clarity.
In subsection (a), the word "shall" is substituted for "It shall be the duty of" in 49:50, 321(a), 915(a), and 1016(a) for clarity. The words "city of Washington" in 49:50 are omitted as surplus.
In subsection (c)(1), the words "with like effect as if made personally upon such" in 49:50 are omitted as surplus.
In subsections (d) and (e), the word "constitutes" is substituted for "shall be deemed to be due and sufficient" in 49:16(5), 321(a), 915(a), and 1016(a). The word "rates" is substituted for "rates, fares, charges" in view of the definition of "rates" in section 10102 of the revised title. The word "tariff" is substituted for "tariff" and "schedule" in view of the definition of "tariff" in section 10102 of the revised title. The words "but such manner of service shall not be considered as excluding service in any other manner authorized by law" in 49:321(a) and 915(a) are omitted as surplus in view of the introductory language of subsection (c) and the organization of subsections (d) and (e).
Amendments
1986—Subsecs. (a)(2), (c)(3), (d).
Effective Date of 1986 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§10330. Service of process in court proceedings
(a) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(b) A motor carrier or broker providing transportation subject to the jurisdiction of the Commission under subchapter II of
(c) A designation under this section may be changed at any time in the same manner as originally made.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10330(a) | 49:50 (related to process less 14 words before semicolon). | June 18, 1910, ch. 309, §6 (related to process), |
| 10330(b) | 49:321(c) (less 2d sentence), (d) (related to process). | Feb. 4, 1887, ch. 104, |
| 10330(c) | 49:50 (related to process 14 words before semicolon). 49:321(c) (2d sentence). |
The section restates the source provisions for clarity.
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER III—JOINT BOARDS
Subchapter Referred to in Other Sections
This subchapter is referred to in sections 1671, 2001 of Appendix to this title.
§10341. Jurisdiction
(a) The Interstate Commerce Commission may refer a matter related to motor carriers providing, or brokers for, transportation subject to the jurisdiction of the Commission under subchapter II of
(1) an application for a certificate, permit, or license.
(2) a suspension, change, or revocation of a certificate, permit, or license.
(3) an application for approval and authorization of a consolidation, merger, or acquisition of control or of an operating contract.
(4) a complaint about a violation by a motor carrier or broker of a requirement established under
(5) a complaint about rates of motor carriers or practices of brokers.
(b) Notwithstanding subsection (a) of this section, if the Commission is prevented by legal proceedings from referring a matter to a joint board, the Commission may determine the matter under subchapter II of this chapter.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10341 | 49:303(a)(4), 305(a) (1st and 2d sentences), (b) (2d sentence 13th–37th words). | Feb. 4, 1887, ch. 104, |
The first sentence is substituted for 49:305(a) (2d sentence) and the words "and the Commission may, in its discretion, when operations of motor carriers or brokers conducted or proposed to be conducted involve more than three States" for clarity since the source provision only limits the discretionary power of the Commission when the matter involves not more than 3 States and concerns one of the enumerated items. The word "proceeding" is substituted for "hearing" for consistency in view of subchapter II of
Section Referred to in Other Sections
This section is referred to in
§10342. Establishment
(a) The Interstate Commerce Commission may establish and abolish joint boards as necessary to carry out
(b) The member of a joint board from a State shall be nominated by the State authority having jurisdiction to regulate intrastate transportation by motor vehicle on the highways of that State. If there is no such authority in that State or if that authority does not nominate a member when requested by the Commission, the chief executive officer of the State may nominate the member. If both that State authority and the chief executive officer of that State do not nominate a member when requested, the board is constituted without a member from that State if the Commission has appointed members for at least 2 other States to the board.
(c) When a matter required to be referred to a joint board involves the operation of a motor carrier in or through a place outside the United States, if only one State is involved or if only one State nominates an individual to be a member of the joint board, that State may nominate and the Commission may appoint not more than 3 members to the board.
(d) A substitution in the membership of a joint board may be made at any time in the same manner as an initial nomination and appointment under this section.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10342(a) | 49:305(a) (3d sentence less proviso), (b) (1st, 3d, 5th, and 12th sentences). | Feb. 4, 1887, ch. 104, |
| 10342(b) | 49:303(a)(2). | Feb. 4, 1887, ch. 104, |
| 49:305(b) (4th and 6th sentences). | ||
| 10342(c) | 49:305(b) (10th sentence). | |
| 10342(d) | 49:305(b) (less 1st–12th sentences). |
In subsection (a) the 1st sentence is substituted for 49:305(b) (1st and 11th sentences) for clarity. The word "composed" is substituted for "consist" for consistency. The words "in which transportation subject to the jurisdiction of the Commission under subchapter II of
In subsection (b), the words "State authority" are substituted for "the commission, board, or official (by whatever name designated in the laws of a State)" as being more inclusive. The words "having jurisdiction to regulate intrastate transportation by motor vehicles on the highways of that State" are substituted for "which, under the laws of any State in which any part of the service in interstate or foreign commerce regulated by this chapter is performed, has or may hereafter have jurisdiction to grant or approve certificates of public convenience and necessity or permits to motor carriers, or otherwise to regulate the business of transportation by motor vehicles, in intrastate commerce over the highways of such State" in 49:303(a)(2) for clarity and as being more inclusive. In view of that substitution, the definitions of "board" and "State board" are omitted as unnecessary. The words "does not" are substituted for "fails to make" for clarity. The words "chief executive officer of that State" are substituted for "Governor of such State" for consistency in view of the inclusion of the District of Columbia in the definition of "State" in section 10102 of the revised title. The words "if the Commission has appointed" are substituted for "if . . . shall have been nominated and approved by the Commission" as being more accurate since the Commission has the appointment power.
In subsection (c), the word "matter" is substituted for "proceeding" for consistency. The words "that State may nominate and the Commission may appoint" are substituted for "then the Commission, in such case, may receive from that State the nomination . . . and may appoint such nominees" for clarity.
Section Referred to in Other Sections
This section is referred to in
§10343. Powers
(a) When conducting a proceeding involving a matter referred under
(b) A joint board may make an initial decision or report of its conclusions only by a majority vote. However, if only one member of the board participates in the proceeding, that member shall make the initial decision alone.
(c) When a member of a joint board does not participate in a proceeding referred to that board, after notice of the proceeding, the State from which that member was appointed waives its right to act in that proceeding. The waiver does not affect the duty or power of remaining members of the board to continue the proceeding and make an initial decision.
(d) In addition to decisions made under subsection (a) of this section, the Commission shall decide a matter referred to a joint board when—
(1) the authority of each State from which a member of the board may be appointed waives action on a matter referred to that board;
(2) a joint board does not act, or cannot agree, on a matter referred to it in 45 days after the matter is referred to it (or in another period authorized by the Commission); or
(3) a member is nominated for only one State, except as provided in
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10343(a) | 49:305(a) (less 1st–3d sentences). | Feb. 4, 1887, ch. 104, |
| 10343(b) | 49:305(b) (7th sentence). | Feb. 4, 1887, ch. 104, |
| 10343(c) | 49:305(b) (9th sentence). | |
| 10343(d) | 49:305(b) (8th sentence). |
In subsection (a), the words "may make an initial decision under
In subsection (b), the word "However" is substituted for "Provided, however, That" for clarity. The word "proceeding" is substituted for "hearing" for clarity in view of subchapter II of
In subsection (c), the words "the State . . . waives its right to act in that proceeding" are substituted for "shall be considered to constitute, as to the matter referred, a waiver of action on the part of the State" for clarity. The words "if any" are omitted as surplus.
In subsection (d), the words "the Commission shall decide . . . when" are substituted for "then such matter shall be decided as in the case of any matter not required to be referred to a joint board" for clarity. The word "authority" is substituted for "governmental entity" for consistency.
§10344. Administration
(a) Meetings and procedures of joint boards shall be conducted under regulations of the Interstate Commerce Commission. The Commission may designate an employee appointed under
(b) When practicable and when directed by the Commission, a proceeding involving a matter referred to a joint board shall be held at a place in the United States that is convenient to the parties to the proceeding.
(c) The members of joint boards and employees designated to advise and assist them under subsection (a) of this section may administer oaths, subpena witnesses and the production of records, and take depositions under
(d) When carrying out this subtitle, members of joint boards shall receive an allowance for travel and subsistence expenses as the Commission shall provide.
(e) A member of a joint board may not have a pecuniary interest in, hold an official relation to, or own securities of, a carrier providing transportation by any mode.
(f) The Administrator of General Services shall assign space and facilities in the Interstate Commerce Commission building not required by the Commission for the use of the national organization of the State commissions and their representatives. The space and facilities shall be available for the use of joint boards and for members and representatives of those boards cooperating with the Commission or with another department, agency, or instrumentality of the United States Government. If suitable space is not available in the Interstate Commerce Commission building, the Administrator shall assign space in another building in convenient proximity to it. The Commission shall pay the rent for any space or facilities assigned under this subsection at rates determined in accordance with section 210(j) of the Federal Property and Administrative Services Act of 1949 (
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10344(a) | 49:305(a) (3d sentence proviso), (b) (2d sentence 1st–12th words). | Feb. 4, 1887, ch. 104, |
| 10344(b) | 49:305(c) (related to joint boards). | Feb. 4, 1887, ch. 104, |
| 10344(c) | 49:305(d) (related to joint boards). | Feb. 4, 1887, ch. 104, |
| 10344(d) | 49:305(b) (11th sentence). | |
| 10344(e) | 49:305(i) (related to joint boards). | |
| 10344(f) | 49:305(f) (4th sentence). |
In subsection (a), the first sentence is substituted for "The Commission shall prescribe rules governing meetings and procedure of joint boards" for clarity and consistency in view of the general power of the Commission to prescribe regulations under section 10321 of the revised title.
In subsection (b), the words "by rule or order" are omitted as surplus. The word "proceeding" is substituted for "hearings" for consistency.
In subsection (c), the words after the semicolon in the source provision are omitted as unnecessary in view of the restatement and because of part V of title 18.
In subsection (f), the words "Administrator of General Services" are substituted for "Government authority controlling the allocation of space" as being more precise. The words "department, agency, or instrumentality" are substituted for "Federal commission or department" for consistency and as being more precise.
Amendments
1980—Subsec. (f).
Use of Government Transportation Requests by Members of Joint Boards
Provisions authorizing joint board members to use government transportation requests when traveling in connection with their duties as such were contained in the following appropriation acts:
Oct. 27, 1993,
Oct. 6, 1992,
Oct. 28, 1991,
Nov. 5, 1990,
Nov. 21, 1989,
Sept. 30, 1988,
Dec. 22, 1987,
Oct. 18, 1986,
Dec. 19, 1985,
Oct. 12, 1984,
Aug. 15, 1983,
Dec. 18, 1982,
Dec. 23, 1981,
Oct. 9, 1980,
Nov. 30, 1979,
Aug. 4, 1978,
Aug. 2, 1977,
Aug. 14, 1976,
Nov. 24, 1975,
Aug. 28, 1974,
Aug. 16, 1973,
Aug. 22, 1972,
Aug. 10, 1971,
Dec. 26, 1969,
Oct. 4, 1968,
Nov. 3, 1967,
Sept. 6, 1966,
Aug. 16, 1965,
Aug. 30, 1964,
Dec. 19, 1963,
Oct. 3, 1962,
Aug. 17, 1961,
July 12, 1960,
Sept. 14, 1959,
Aug. 28, 1958,
June 29, 1957,
June 27, 1956, ch. 452, title I,
June 30, 1955, ch. 244, title I,
June 24, 1954, ch. 359, title I,
July 31, 1953, ch. 302, title I,
July 5, 1952, ch. 578, title I,
Aug. 31, 1951, ch. 376, title I,
Sept. 6, 1950, ch. 896, Ch. VIII, title I,
Aug. 24, 1949, ch. 506, title I,
Apr. 20, 1948, ch. 219, title I,
July 30, 1947, ch. 359, title I,
Mar. 28, 1946, ch. 113, title I,
May 3, 1945, ch. 106, title I,
June 27, 1944, ch. 286, title I,
June 26, 1943, ch. 145, title I,
June 27, 1942, ch. 450,
Apr. 5, 1941, ch. 40,
Apr. 18, 1940, ch. 107,
Mar. 16, 1939, ch. 11,
May 23, 1938, ch. 259,
June 28, 1937, ch. 396,
May 14, 1937, ch. 179,
SUBCHAPTER IV—RAIL SERVICES PLANNING OFFICE
Subchapter Referred to in Other Sections
This subchapter is referred to in section 1613 of Appendix to this title.
§10361. Organization
The Rail Services Planning Office is an office in the Interstate Commerce Commission.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10361 | 45:715(a) (less words after comma in 2d sentence). | Jan. 2, 1974, |
In the section, the words "established as" are omitted as executed. 45:715(a) (words before the comma in second sentence) is omitted as surplus.
Section Referred to in Other Sections
This section is referred to in title 45 section 702.
§10362. Duties
(a) In this section—
(1) "avoidable costs of providing transportation", "reasonable management fee", "reasonable return on the value", and "revenue attributable to the rail properties" have the same meanings as they have when used in section 304 of the Regional Rail Reorganization Act of 1973 (
(2) "avoidable cost of providing rail freight transportation" has the same meaning as it has when used in
(b) The Rail Services Planning Office shall—
(1) assist the Interstate Commerce Commission in studying and evaluating proposals, submitted to the Commission under subchapter III of
(2) assist the Commission in developing, with respect to economic regulation of transportation, policies likely to result in a more competitive, energy-efficient, and coordinated transportation system using each mode of transportation to its maximum advantage to meet the transportation needs of the United States;
(3) assist States and local and regional transportation authorities in deciding whether to provide rail transportation continuation subsidies to continue in operation particular rail properties, by establishing criteria for determining whether particular rail properties are suitable for rail transportation continuation subsidies;
(4) conduct continuously an analysis of the national rail transportation needs, evaluate the policies, plans, and programs of the Commission on the basis of the analysis, and advise the Commission of the results of the evaluation;
(5) prescribe regulations that contain standards for the computation of subsidies for rail passenger transportation (except passenger transportation compensation disputes subject to the jurisdiction of the Commission under
(6) maintain, and from time to time revise and republish after a proceeding under
(7) maintain regulations that—
(A) develop an accounting system permitting the collection and publication by profitable rail carriers providing transportation over lines scheduled for abandonment, of information necessary for an accurate determination of the attributable revenues, avoidable costs, and operations of light density lines as operating and economic units; and
(B) determine the avoidable cost of providing rail freight transportation; and
(8) carry out other duties conferred on the Office by law.
(c) The criteria referred to in subsection (b)(3) of this section shall provide that rail properties are suitable for rail transportation continuation subsidies if the cost of the required subsidy to the taxpayers for the properties each year is less than—
(1) the cost of termination of rail transportation over the properties measured by increased fuel consumption and operational costs for alternative modes of transportation;
(2) the cost to the gross national product in terms of reduced output of goods and services;
(3) the cost of relocating or assisting, through unemployment, retraining, and welfare benefits, individuals and firms adversely affected if the rail transportation is terminated; and
(4) the cost to the environment measured by damage caused by increased pollution.
(d) The Office may at any time revise and republish the standards and regulations required by this section to incorporate changes made necessary by the accounting system developed under subsection (b)(7) of this section.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10362(a)(1) | 645:715(d)(6). | Jan. 2, 1974, |
| 10362(a)(2) | 45:715(e)(1)(B). | |
| 10362(b) (1)–(6) | 45:715(d)(1), (2), (3) (less words after 2d comma), (4)–(6). | |
| 10362(b)(7) | 45:715(e) (less last sentence of par. 1). | |
| 10362(b)(8) | 45:715(d) (introductory words before comma). | |
| 10362(c) | 45:715(d)(3) (words after 2d comma). | |
| 10362(d) | 45:715(e)(1) (last sentence), (2). |
In the section, the word "transportation" is substituted for "service" and "services" for consistency in the subchapter and the revised title.
In subsection (b)(1), the words "rail carrier subject to this subtitle" are substituted for "common carrier by railroad subject to part I of such Act" to conform to the revised title.
In subsection (b)(5), the words "maintain regulations" have been substituted for the words "within 180 days after the date of enactment of the Railroad Revitalization and Regulatory Reform Act of 1976, issue additional regulations, after conducting a proceeding in accordance with the provisions of
In subsection (b)(6), the words "as those phrases are used in section 304 of this Act" are omitted since subsection (a) of the section has been inserted providing for section definitions.
In subsection (b)(7), the words "maintain regulations" are substituted for the words "Within 270 days after the date of enactment of the Railroad Revitalization and Regulatory Reform Act of 1976, the Office shall issue additional regulations, after conducting a proceeding in accordance with
45:715(d)(7) and (e)(2) are omitted as executed.
Pub. L. 103–272
Section 4(j)(13) restates 49:10362(b)(5). The effect of the restatement is to omit clause (5)(B) and make other conforming changes because of the omission. Clause (5)(B) is omitted because the clause required the Rail Services Planning Office to prescribe certain standards for carrying out 49 App.:1613. The authority under 49 App.:1613 expired on September 30, 1978.
References in Text
The Regional Rail Reorganization Act of 1973, referred to in subsec. (b)(5), is
Amendments
1994—Subsec. (b)(5).
"(A) standards for the computation of subsidies for rail passenger service (except passenger transportation compensation disputes subject to the jurisdiction of the Commission under section 402(a) of the Rail Passenger Service Act (
"(B) standards for determining emergency commuter rail passenger transportation operating payments under section 17 of the Federal Transit Act (49 App. U.S.C. 1613);".
1986—Subsec. (b)(7)(A).
1984—Subsec. (a)(1).
Subsec. (b)(5)(A).
Subsec. (b)(5)(B).
Section Referred to in Other Sections
This section is referred to in title 45 sections 744, 1111.
§10363. Director
(a) The Director is the head of the Rail Services Planning Office and is responsible for administering and carrying out the duties of the Office.
(b) The Director is appointed for a term of 6 years by the Chairman of the Interstate Commerce Commission with the concurrence of at least 5 members of the Commission. The Director may be removed by the Commission only for cause.
(c) The Director is appointed without regard to those provisions of title 5 governing appointments in the competitive service and is paid without regard to
(d) The Director is subject to the direction of, and shall report to, a Commissioner or the Chairman, as designated by the Chairman.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10363(a)– (c) | 45:715(a) (words following comma in 2d sentence), (b). | Jan. 2, 1974, |
| 10363(d) | 45:715(c) (1st 2 sentences). |
In subsection (a), the words "from the date he takes office" and "functions and" are omitted as surplus.
In subsection (c), the last sentence conforms with title 5. The word "maximum" is omitted as surplus because GS–18 only has one rate.
References in Text
The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (c), are set forth in
Amendments
1994—Subsec. (c).
Section Referred to in Other Sections
This section is referred to in
§10364. Powers
(a) With the concurrence of the Commissioner designated under
(b) On written request of the Director for assistance, each department, agency, and instrumentality of the United States Government shall consider the request, and may furnish assistance the Director considers necessary to carry out the duties of the Office. Assistance may be furnished on a reimbursable or nonreimbursable basis. Assistance includes the transfer of an officer or employee, with the consent, and without prejudice to the position and rating, of the officer or employee.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10364 | 45:715(c) (less 1st 2 sentences). | Jan. 2, 1974, |
In subsection (b), the words "department, agency, and instrumentality of the United States Government" are substituted for the words "department, agency, and instrumentality of the executive branch of the Federal Government and each independent regulatory agency of the United States" to eliminate redundancy and to conform to standard terms used in the restatement and in title 5.
Amendments
1994—Subsec. (a).
SUBCHAPTER V—OFFICE OF RAIL PUBLIC COUNSEL
§10381. Organization
The Office of Rail Public Counsel is an independent office affiliated with the Interstate Commerce Commission.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10381 | 49:26b(1). | Feb. 4, 1887, ch. 104, |
The words "shall be established", "new", and "within 60 days after the date of enactment of this section" are omitted as executed. The second sentence of 49:26b(1) is omitted as surplus.
§10382. Duties; standing
(a) The Office of Rail Public Counsel—
(1) may petition the Interstate Commerce Commission to begin a proceeding on a matter within the jurisdiction of the Commission involving a rail carrier subject to this subtitle;
(2) may seek judicial review of Commission action on a matter involving a rail carrier providing transportation subject to this subtitle, to the extent, and on the same basis, that a person may seek judicial review;
(3) shall solicit, study, evaluate, and present before an informal or formal proceeding of the Commission, the views of those communities and users of rail transportation affected by a proceeding begun by, or pending before, the Commission, when the Director of the Office determines, for whatever reason (such as size or location), that any such community or user might not otherwise be represented adequately at the proceeding;
(4) shall—
(A) before the Commission and other departments, agencies, and instrumentalities of the United States Government when the policies and activities of any such department, agency, or instrumentality affect rail transportation subject to the jurisdiction of the Commission, evaluate and represent the public interest in safe, efficient, reliable, and economical rail transportation; and
(B) assist in constructively representing that public interest by other means;
(5) shall present the views of users, the general public, affected communities, and, when appropriate, providers of rail transportation in proceedings of departments, agencies, and instrumentalities of the United States Government related to—
(A) the impact of energy proposals and actions on rail transportation; and
(B) whether transportation policy is consistent with the energy policies of the United States Government;
(6) in carrying out its duties under clauses (1)–(5) of this subsection, shall assist the Commission in developing a public interest record in proceedings before the Commission; and
(7) shall carry out other duties conferred on the Office by law.
(b) The Office has standing as a party to any informal or formal proceeding that is pending or begun before the Commission involving a rail carrier providing transportation subject to this subtitle.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10382(a) (1)–(4) | 49:26b(4)(b)–(e). | Feb. 4, 1887, ch. 104, |
| 10382(a)(5) | 49:26b(4) (last sentence). | |
| 10382(a)(6) | 49:26b(4) (introductory words preceding comma). | |
| 10382(b) | 49:26b(4)(a). |
The section restates the source provisions for clarity and consistency in the revised title.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10382(a) | 49:26b(4)(f). | Feb. 4, 1887, ch. 104, |
This amends section 10382(a) to make technical and conforming amendments needed to add the new duty to the duties of the Office of Rail Public Counsel. The words "as well as" are omitted as surplus. The word "transportation" is substituted for "services" because of the definition of transportation in
Amendments
1980—Subsec. (a)(5).
Subsec. (a)(6).
Subsec. (a)(7).
§10383. Director
(a) The Director is the head of the Office of Rail Public Counsel and is responsible for administering and carrying out the duties of the Office.
(b) The Director is appointed by the President, by and with the advice and consent of the Senate, for a term of 4 years.
(c) The Director is paid without regard to
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10383(a) | 49:26b(2)(a) (1st sentence), (b) (2d sentence). | Feb. 4, 1887, ch. 104, |
| 10383(b) | 49:26b(2)(a) (2d sentence), (b) (1st sentence). | |
| 10383(c) | 49:26b(2)(b) (last sentence). |
In subsection (a), the words "and functions" are omitted as surplus.
In subsection (b), the words "appointed . . . without regard to the provisions of
In subsection (c), the last sentence conforms with title 5. The word "maximum" is omitted as surplus because GS–18 only has one rate.
Amendments
1994—Subsec. (c).
§10384. Office staff
The Director of the Office of Rail Public Counsel may—
(1) appoint and fix the pay of employees of the Office; and
(2) procure under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10384 | 49:26b(3) (1st sentence). | Feb. 4, 1887, ch. 104, |
In clause (1), the words "assign the duties of" are omitted as surplus in view of section 10383(a) of the revised title.
§10385. Powers
(a) Without regard to section 3709 of the Revised Statutes (
(b) On request of the Director for information, each department, agency, and instrumentality of the United States Government may furnish the information requested.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10385 | 49:26b(3) (2d and 3rd sentences). | Feb. 4, 1887, ch. 104, |
In subsection (a), the words "contracts, leases, cooperative" and "his functions and" are omitted as surplus.
In subsection (b), the words "bureau, office, or other entity of the Commission and" and "and data" are omitted as surplus.
Amendments
1994—Subsec. (a).
§10386. Reports
The Director of the Office of Rail Public Counsel shall submit each month to the Chairman of the Interstate Commerce Commission a report on the activities of the Office for the preceding month. In its annual report to Congress, the Commission shall include its evaluation and recommendations with respect to the activities, accomplishments, and shortcomings of the Office.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10386 | 49:26b(3) (last sentence). | Feb. 4, 1887, ch. 104, |
§10387. Budget requests and estimates
The Office of Rail Public Counsel shall submit its budget requests and budget estimates concurrently to Congress and to the President.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10387 | 49:26b(5). | Feb. 4, 1887, ch. 104, |
§10388. Authorizations of appropriations
There is authorized to be appropriated to the Office of Rail Public Counsel to carry out this subchapter not to exceed $1,200,000 for the fiscal year ending September 30, 1980.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10388 | 49:26b(6). | Feb. 4, 1887, ch. 104, |
The words "not to exceed $500,000 for the fiscal year ending June 30, 1976, not to exceed $500,000 for the fiscal year transition period ending September 30, 1976, not to exceed $2,000,000 for the fiscal year ending September 1, 1977, and" are omitted as executed.
Amendments
1979—
Effective Date of 1979 Amendment
Amendment by
CHAPTER 105 —JURISDICTION
SUBCHAPTER I—RAIL, RAIL-WATER, EXPRESS, AND PIPELINE CARRIER TRANSPORTATION
SUBCHAPTER II—MOTOR CARRIER TRANSPORTATION
SUBCHAPTER III—WATER CARRIER TRANSPORTATION
SUBCHAPTER IV—FREIGHT FORWARDER SERVICE
Amendments
1994—
1992—
1986—
1984—
1980—
Chapter Referred to in Other Sections
This chapter is referred to in
SUBCHAPTER I—RAIL, RAIL-WATER, EXPRESS, AND PIPELINE CARRIER TRANSPORTATION
Subchapter Referred to in Other Sections
This subchapter is referred to in
§10501. General jurisdiction
(a) Subject to this chapter and other law, the Interstate Commerce Commission has jurisdiction over transportation—
(1) by rail carrier, express carrier, sleeping car carrier, water common carrier, and pipeline carrier that is—
(A) only by railroad;
(B) by railroad and water, when the transportation is under common control, management, or arrangement for a continuous carriage or shipment; or
(C) by pipeline or by pipeline and railroad or water when transporting a commodity other than water, gas, or oil; and
(2) to the extent such jurisdiction is not limited by subsection (b) of this section or the extent the transportation is in the United States and is between a place in—
(A) a State and a place in another State;
(B) the District of Columbia and another place in the District of Columbia;
(C) a State and a place in a territory or possession of the United States;
(D) a territory or possession of the United States and a place in another such territory or possession;
(E) a territory or possession of the United States and another place in the same territory or possession;
(F) the United States and another place in the United States through a foreign country; or
(G) the United States and a place in a foreign country.
(b) The Commission does not have jurisdiction under subsection (a) of this section over—
(1) the transportation of passengers or property, or the receipt, delivery, storage, or handling of property, entirely in a State (other than the District of Columbia) and not transported between a place in the United States and a place in a foreign country except as otherwise provided in this subtitle; or
(2) transportation by a water common carrier when that transportation would be subject to this subchapter only because the water common carrier absorbs, out of its port-to-port water rates or out of its proportional through rates, a switching, terminal, lighterage, car rental, trackage, handling, or other charge by a rail carrier for services in the switching, drayage, lighterage, or corporate limits of a port terminal or district.
(c) This subtitle does not affect the power of a State, in exercising its police power, to require reasonable intrastate transportation by carriers providing transportation subject to the jurisdiction of the Commission under this subchapter unless (1) the transportation is deemed to be subject to the jurisdiction of the Commission pursuant to
(d) The jurisdiction of the Commission and of State authorities (to the extent such authorities are authorized to administer the standards and procedures of this subtitle pursuant to this section and
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10501(a) (introductory words), (1) | 49:1(1)(a), (b), (2) (through 1st comma). | Feb. 4, 1887, ch. 104, §1(1), (2), |
| 10501(a)(2) | 49:1(1) (words after last comma and words following cl. (b)), (2) (words between 1st and 2d commas). | |
| 10501(b) | 49:1(2) (2d comma through period). | |
| 10501(c) | 49:1(17)(a) (proviso). | Feb. 4, 1887, ch. 104, |
In the introductory matter of subsection (a), before clause (1), the words "Subject to this chapter and other provisions of law" are inserted to inform the reader that other sections of the chapter and subtitle qualify the grant of jurisdiction to the Interstate Commerce Commission under the section. The words "the Interstate Commerce Commission has jurisdiction" are substituted for "The provisions of this chapter shall apply to" in 49:1(1) and (2) to eliminate surplus language and for clarity because the intent of the words is to grant the Commission jurisdiction. The words "over transportation" are substituted for the words "to common carriers engaged in" in 49:1(1) and "to such transportation of passengers and property" in 49:1(2) to eliminate redundancy and for consistency with the other general jurisdictional statements at the beginning of each of the subchapters of
In subsection (a)(1), before clause (A), the words "rail carrier, express carrier, sleeping car carrier, water common carrier, and pipeline carrier" are substituted for "common carriers" for clarity and because a definition of "common carrier" has been adopted for the subtitle that is broader and includes common carriers other than those to which 49:1(1) and (2) apply.
In subsection (a)(1)(A), the word "only" is substituted for "wholly" for clarity.
In subsection (a)(1)(B), the word "partly" is omitted as surplus.
In subsection (a)(1)(C), the words "natural or artificial" in 49:1(1)(b), before "gas" are omitted as surplus. The word "or" is substituted for "and" in the phrase "except water and . . . gas" in 49:1(1)(b), for clarification because the exemption does not require the pipeline transportation of both water and gas before the exception applies. The exclusion of pipeline transportation of oil from the jurisdiction of the Commission is inserted in view of section 306 of the Department of Energy Organization Act (
In subsection (a)(2)(A), the words "District of Columbia" are omitted in view of the definition of "State" in section 10102 of the revised title.
In subsection (b)(1), the words "a State (other than the District of Columbia)" are inserted to exclude the District of Columbia from the jurisdictional exemption in view of 49:1(2) that does not now exempt the District of Columbia but would become exempt, but for the exclusion, as the result of the definition of "State" adopted for the revised title. The words "except as otherwise provided in this subtitle" are inserted for clarity.
In subsection (b)(2), the words "passengers or property" are omitted as unnecessary in view of the definition of "transportation" that applies to the subtitle.
In subsection (c), the words "does not affect" are substituted for "nothing . . . shall impair or affect" for clarity and to eliminate redundancy. The word "power" is substituted for "right" for clarity and consistency. The words "freight and passenger service" are omitted as surplus. The word "unless" is substituted for "except insofar" and "except" for clarity. The word "lawful" is omitted as surplus. The words "just and" are omitted for consistency with other provisions of the revised title. See the revision note to section 10101 of the revised title.
Amendments
1994—Subsec. (d).
1980—Subsec. (a)(2).
Subsec. (c).
Subsec. (d).
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§10502. Express carrier transportation
The Interstate Commerce Commission has jurisdiction under this subchapter, and not under subchapter II or III of this chapter, over transportation of an express carrier—
(1) by motor vehicle, to the extent the transportation was subject to the jurisdiction of the Commission on September 18, 1940, under part I of the Interstate Commerce Act (
(2) by water in providing express transportation.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10502(1) | 49:303(a)(14) (words after 2d comma). | Feb. 4, 1887, ch. 104, |
| 10502(2) | 49:902(d) (words after 1st comma). | Feb. 4, 1887, ch. 104, |
The section restates the source provisions for clarity and as a result of the codification of the jurisdictional provisions in
In clause (2), the word "transportation" is substituted for "business" for consistency and because the Interstate Commerce Commission has jurisdiction over transportation.
References in Text
Part I of the Interstate Commerce Act, referred to in par. (1), is act Feb. 4, 1887, ch. 104,
§10503. Railroad and water transportation connections and rates
(a) When a rail carrier and a water common carrier may or do provide jointly, transportation, not entirely in one State from a place in the United States to another place in the United States, even if part of the transportation is outside the United States, the Interstate Commerce Commission has the following jurisdiction over that transportation:
(1) To establish a physical connection between the railroad lines of the rail carrier and the dock at which an interchange is to be made, the Commission may—
(A) require the rail carrier to make a suitable connection between its lines and tracks that have been constructed from the dock to the limits of the railroad right-of-way;
(B) subject to the same restrictions on findings of public convenience and necessity and other matters that are imposed on construction under
(C) determine and prescribe the conditions under which a connecting track is to be operated; and
(D) in the construction or operation of the track, determine the sum to be paid to, or by, either carrier.
(2) The Commission may—
(A) prescribe proportional rates, maximum proportional rates, minimum proportional rates, or maximum and minimum proportional rates, of a rail carrier to and from the ports to which the passengers or property is transported by the water common carrier; and
(B) determine the passengers, property, vessels, and on which conditions those rates apply.
In this paragraph, "proportional rates" means those rates that differ from the corresponding local rates to and from a port and apply only to passengers or property brought to the port or carried from the port by a water common carrier.
(b) The Commission may act under this section only after a full hearing. An order entered as the result of an action may be conditioned on giving security for the payment of an amount of money or the discharge of an obligation that is required to be paid or discharged under that order.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10503(a) | 49:6(11). | Feb. 4, 1887, ch. 104, |
| 10503(b) | 49:51 (related to 49:6(11)). | Aug. 24, 1912, ch. 390, §17 (last par. related to §6), |
In the introductory matter of subsection (a), before paragraph (1), the words "passengers or property" are omitted as unnecessary in view of the definition of transportation that includes passengers and property. The words "the limits of" are omitted as surplus. The words "rail carrier and a water common carrier" are substituted for "by rail and water . . . by a common carrier or carriers" to eliminate redundancy and for consistency with 49:1 (1) and (2) that have used the terms "rail carrier" and "water carrier" (meaning "water common carrier") since the enactment of the original provision in 1912. The word "jointly" is inserted for clarity. The words "even if part of the transportation is outside the United States" is substituted for "through the Panama Canal or otherwise" as being more precise. See United States v. New York Central R.R., 272 U.S. 457, 1926; Penn. R.R. Co. v. United States, 55 F. Supp. 473, 484, D.C.N.J., 1943, reversed in part on other grounds, 323 U.S. 612, 1945. The words "in the following particulars, in addition to the jurisdiction given by this chapter" are omitted as surplus. The words "and of the carriers" are omitted as surplus and for consistency with other jurisdictional statements of
In subsection (a)(2), the words "passengers or property" are substituted for "traffic" for consistency with the definition of transportation.
In subsection (a)(2)(A), the word "transported" is substituted for "brought, or from which the passengers or property is taken" for simplicity.
In subsection (b), the word "complaint" is omitted as unnecessary. The words "upon formal complaint or in proceedings instituted by the Commission of its own motion" are omitted as surplus.
§10504. Exempt rail mass transportation
(a) In this section—
(1) "local governmental authority"—
(A) has the same meaning given that term by
(B) includes a person or entity that contracts with the local governmental authority to provide transportation services.
(2) "mass transportation" means transportation services described in
(b) The Interstate Commerce Commission does not have jurisdiction under this subtitle over mass transportation provided by a local governmental authority if—
(1) the Commission would have jurisdiction but for this section; and
(2) the fares of the local governmental authority, or its authority to apply to the Commission for changes in those fares, is subject to the approval or disapproval of the chief executive officer of the State in which the transportation is provided.
(c) Notwithstanding subsection (b) of this section, a local governmental authority, described in subsection (b), is subject to applicable laws of the United States related to—
(1) safety;
(2) the representation of employees for collective bargaining; and
(3) employment retirement, annuity, and unemployment systems or other provisions related to dealings between employees and employers.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10504(a) | 45:744(j)(2). | Jan. 2, 1974, |
| 10504(b) | 45:744(j)(1). |
In subsection (a)(2), the defined term "rail mass transportation" is substituted for "mass transportation services" as being more precise and for consistency with the terms of the subtitle.
In the introductory matter of subsection (b), before clause (1), the words "The Interstate Commerce Commission does not have jurisdiction under this subtitle over" are substituted for "no local public body . . . shall, . . . be subject to the Interstate Commerce Act" for clarity and to conform to the terms used in
In subsection (b)(2), the word "interstate" is omitted as unnecessary. The words "chief executive officer" are substituted for "Governor" as more appropriate in view of the definition of "State" that includes the District of Columbia.
The words "except as provided in subparagraph (B) of this paragraph" and subparagraph (B) are omitted as unnecessary because the Commission does not have jurisdiction over safety, collective bargaining, and employee benefit matters, and those matters are covered by other provisions of title 49 related to the Secretary of Transportation.
Pub. L. 97–449
Clause (4) restates section 304(j)(1)(B) of the Regional Rail Reorganization Act of 1973, that was added by section 804 of the Railroad Revitalization and Regulatory Reform Act of 1976 (
Pub. L. 103–272
Section 4(j)(16) amends 49:10504 by substituting "local public authority" and "mass transportation" for "local public body" and "rail mass transportation", respectively, for consistency in the revised title, and by correcting and making conforming cross-reference amendments.
Amendments
1994—Subsec. (a)(1).
Subsec. (a)(1)(A).
Subsec. (a)(1)(B).
Subsec. (a)(2).
Subsec. (b).
Subsecs. (b)(2), (c).
1983—Subsec. (c).
§10505. Authority to exempt rail carrier and motor carrier transportation
(a) In a matter related to a rail carrier providing transportation, or a motor carrier providing transportation of property other than household goods, or in non-contiguous domestic trade, subject to the jurisdiction of the Interstate Commerce Commission under this subchapter, the Commission shall exempt a person, class of persons, or a transaction or service when the Commission finds that the application of a provision of this subtitle—
(1) is not necessary to carry out the transportation policy of section 10101 or
(2) either (A) the transaction or service is of limited scope, or (B) the application of a provision of this subtitle is not needed to protect shippers from the abuse of market power.
(b) The Commission may, where appropriate, begin a proceeding under this section on its own initiative or on application by the Secretary of Transportation or an interested party.
(c) The Commission may specify the period of time during which an exemption granted under this section is effective.
(d) The Commission may revoke an exemption, to the extent it specifies, when it finds that application of a provision of this subtitle to the person, class, or transportation is necessary to carry out the transportation policy of section 10101 or
(e) No exemption order issued pursuant to this section shall operate to relieve any rail carrier from an obligation to provide contractual terms for liability and claims which are consistent with the provisions of
(f) The Commission may exercise its authority under this section to exempt transportation that is provided by a rail carrier, or a motor carrier providing transportation of property other than household goods, or in non-contiguous domestic trade, as a part of a continuous intermodal movement.
(g) The Commission may not exercise its authority under this section (1) to authorize intermodal ownership that is otherwise prohibited by this title, (2) to relieve a carrier of its obligation to protect the interests of employees as required by this subtitle, (3) to relieve a motor carrier of property or other person from the application or enforcement of the provisions of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10505 | 49:12(1)(b). | Feb. 4, 1887, ch. 104, |
In subsection (a), the words "by order" and "in such order" are omitted as surplus. The word "unreasonable" is substituted for "undue" for consistency. See the revision note for section 10101 of the revised title.
In subsection (b), the words "Secretary of Transportation" are substituted for "Secretary" for clarity.
In subsection (d), the words "after notice" are omitted as unnecessary in view of subchapter II of
Amendments
1994—
Subsec. (a).
Subsecs. (a)(1), (d).
Subsec. (f).
Subsec. (g)(3), (4).
1980—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsecs. (e) to (g).
Effective Date of 1980 Amendment
Amendment by
SUBCHAPTER II—MOTOR CARRIER TRANSPORTATION
Subchapter Referred to in Other Sections
This subchapter is referred to in
§10521. General jurisdiction
(a) Subject to this chapter and other law, the Interstate Commerce Commission has jurisdiction over transportation by motor carrier and the procurement of that transportation, except by a freight forwarder (other than a household goods freight forwarder), to the extent that passengers, property, or both, are transported by motor carrier—
(1) between a place in—
(A) a State and a place in another State;
(B) a State and another place in the same State through another State;
(C) the United States and a place in a territory or possession of the United States to the extent the transportation is in the United States;
(D) the United States and another place in the United States through a foreign country to the extent the transportation is in the United States; or
(E) the United States and a place in a foreign country to the extent the transportation is in the United States; and
(2) in a reservation under the exclusive jurisdiction of the United States or on a public highway.
(b) This subtitle does not—
(1) except as provided in sections 10922(c)(2),1 10935, 10936, 11501(e), and 11501(h) of this title, affect the power of a State to regulate intrastate transportation provided by a motor carrier;
(2) except as provided in sections 10922(c)(2) 1 and 11501(e), authorize the Commission to prescribe or regulate a rate for intrastate transportation provided by a motor carrier;
(3) except as provided in section 10922(c)(2) 1 of this title, allow a motor carrier to provide intrastate transportation on the highways of a State; or
(4) except as provided in section 11503a and
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10521(a) (words before cl. (1)) | 49:302(a), 303(a)(10) (20 words before proviso), (11) (1st sentence, words between 1st comma and comma before cl. (A)). | Feb. 4, 1887, ch. 104, |
| 10521(a)(1) (A), (B) | 49:303(a)(10) (through 1st comma). | |
| 10521(a)(1) (C)–(E) | 49:303(a)(11) (1st sentence, less words between 1st comma and comma before cl. (A)). | |
| 10521(a)(2) | 49:303(c) (words between 6th and 7th commas). | |
| 10521(b) | 49:302(b)(1). | Feb. 4, 1887, ch. 104, |
| 49:316(e) (proviso). | Feb. 4, 1887, ch. 104, |
In the introductory matter of subsection (a), before clause (1), the words "Subject to this chapter and other provisions of law" are inserted to inform the reader that other sections of the chapter and subtitle qualify the grant of jurisdiction to the Interstate Commerce Commission under the section. The words "the Interstate Commerce Commission has jurisdiction over" are substituted for "The provisions of this chapter apply to" and "the regulation of such transportation, . . . is vested in the Interstate Commerce Commission" for clarity and to eliminate redundancy. The words "and providing facilities for" are omitted as being included in the definition of "transportation" applicable to the subtitle. The words "to the extent that passengers, property, or both, are transported by motor carrier" are substituted for "whether such commerce moves wholly by motor vehicle or partly by motor vehicle and partly by rail, express, or water" to eliminate surplus words and because of the Commission's jurisdiction over transportation by motor carrier, and the term "motor vehicle" is a defined term incorporated into the definition of "motor carrier".
In subsection (b), the words "This subtitle does not . . . authorize the Commission" are substituted for "That nothing in this chapter shall empower the Commission" in 49:316(e) for consistency and because of the restatement of the source provisions. The word "exclusive" is omitted as unnecessary. The words "intrastate transportation" are substituted for "intrastate commerce" for consistency. The words "for any service connected therewith" are omitted as surplus because the eliminated words are included in the word "transportation". The word "rate" is substituted for "rate, fare, or charge" because of the definition of "rate" in section 10102 of the revised title. The words "for the purpose of removing discrimination against interstate commerce or for any other purpose" are omitted as unnecessary because of the restatement of the source provisions. The words "to provide intrastate transportation" are substituted for "to do intrastate business" for clarity and consistency. The words "over a motor carrier" are inserted for clarity.
References in Text
Amendments
1994—Subsec. (b)(1).
1986—Subsec. (a).
1982—Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
1980—Subsec. (b)(4).
Effective Date of 1994 Amendment
Section 601(d) of
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§10522. Exempt transportation between Alaska and other States
To the extent that transportation by a motor carrier between a place in Alaska and a place in another State under
(1) the Interstate Commerce Commission does not have jurisdiction to impose a requirement over conduct of the motor carrier in the foreign country conflicting with a requirement of that country; but
(2) the motor carrier, as a condition of providing transportation in the United States, shall comply, with respect to all transportation provided between Alaska and the other State, with the requirements of this subtitle related to rates and practices applicable to the transportation.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10522 | 49:303(a)(10) (proviso). | Feb. 4, 1887, ch. 104, |
In the introductory matter of the section, before clause (1), the words "under
In clause (1), the words "the Interstate Commerce Commission does not have jurisdiction" are substituted for "the application of this chapter does not include" for clarity and to conform to the terms used in
In clause (2), the words "providing transportation" and "all transportation" are substituted for "operating" and "entire service", respectively, for consistency and because 49:303(a)(19) defines "transportation" and "services" as synonymous terms and includes all phases of a carrier's operations. The words "fares, and charges" are omitted as unnecessary in view of the definition of "rates".
Section Referred to in Other Sections
This section is referred to in
§10523. Exempt motor vehicle transportation in terminal areas
(a)(1) The Interstate Commerce Commission does not have jurisdiction under this subchapter over transportation by motor vehicle provided in a terminal area when the transportation—
(A) is a transfer, collection, or delivery;
(B) is provided by—
(i) a rail carrier subject to the jurisdiction of the Commission under subchapter I of this chapter;
(ii) a water carrier subject to the jurisdiction of the Commission under subchapter III of this chapter; or
(iii) a household goods freight forwarder subject to the jurisdiction of the Commission under subchapter IV of this chapter; and
(C) is incidental to transportation provided by the carrier or service provided by the household goods freight forwarder that is subject to the jurisdiction of the Commission under any of those subchapters.
(2) Transportation exempt from the jurisdiction of the Commission under paragraph (1) of this subsection is subject to the jurisdiction of the Commission under subchapter I of this chapter when provided by such a rail carrier, under subchapter III of this chapter when provided by such a water carrier, and under subchapter IV of this chapter when provided by such a household goods freight forwarder.
(b)(1) Except to the extent provided in paragraph (2) of this subsection, the Commission does not have jurisdiction under this subchapter over transportation by motor vehicle provided in a terminal area when the transportation—
(A) is a transfer, collection, or delivery; and
(B) is provided by a person as an agent or under other arrangement for—
(i) a rail carrier or express carrier subject to the jurisdiction of the Commission under subchapter I of this chapter;
(ii) a motor carrier subject to the jurisdiction of the Commission under this subchapter;
(iii) a water carrier subject to the jurisdiction of the Commission under subchapter III of this chapter; or
(iv) a household goods freight forwarder subject to the jurisdiction of the Commission under subchapter IV of this chapter.
(2) Transportation exempt from the jurisdiction of the Commission under paragraph (1) of this subsection is considered transportation provided by the carrier or service provided by the household goods freight forwarder for whom the transportation was provided and is subject to the jurisdiction of the Commission under subchapter I of this chapter when provided for such a rail carrier or express carrier, under this subchapter when provided for such a motor carrier, under subchapter III of this chapter when provided for such a water carrier, and under subchapter IV of this chapter when provided for such a household goods freight forwarder.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10523(a) | 49:302(c) (words before cl. (1)), (1). | Feb. 4, 1887, ch. 104, |
| 10523(b) | 49:302(c) (words before cl. (1)), (2). |
The words "Notwithstanding any provision of this section or of
In the introductory matter of subsections (a) and (b), before each clause (1), the words "does not have jurisdiction under this subchapter" are substituted for "the provisions of this chapter . . . shall not apply" for clarity and to conform to the terms used in
In subsections (a)(2) and (b)(2), the words "is subject to" are substituted for "shall be considered to be and shall be regulated as transportation subject to" for clarity and to conform to the revised title.
In subsection (b), the words "a person as an agent or under other arrangement for" are substituted for "any person (whether as agent or under a contractual arrangement)" for clarity.
Amendments
1986—Subsecs. (a)(1)(B)(iii), (C), (2), (b)(1)(B)(iv), (2).
Effective Date of 1986 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§10524. Transportation furthering a primary business
(a) The Interstate Commerce Commission does not have jurisdiction under this subchapter over the transportation of property by motor vehicle when—
(1) the property is transported by a person engaged in a business other than transportation; and
(2) the transportation is within the scope of, and furthers a primary business (other than transportation) of the person.
(b) The Commission does not have jurisdiction under this subchapter over transportation of property by motor vehicle for compensation provided by a person who is a member of a corporate family for other members of such corporate family if—
(1) the parent corporation notifies the Commission of its intent or one of its subsidiaries' intent to provide the transportation;
(2) the notice contains a list of participating subsidiaries and an affidavit that the parent corporation owns directly or indirectly a 100 percent interest in each of the subsidiaries;
(3) the Commission publishes the notice in the Federal Register within 30 days of receipt; and
(4) a copy of the notice is carried in the cab of all vehicles conducting the transportation.
(c) In this section, "corporate family" means a group of corporations consisting of a parent corporation and all subsidiaries in which the parent corporation owns directly or indirectly a 100 percent interest.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10524 | 49:303(c) (less words before "nor"). | Feb. 4, 1887, ch. 104, |
The section restates the source provisions for clarity and for consistency with the rest of
Amendments
1980—
§10525. Exempt motor carrier transportation entirely in one State
(a) The Interstate Commerce Commission shall exempt transportation of a motor carrier subject to the jurisdiction of the Commission under this subchapter from compliance with this subtitle when—
(1) the motor carrier provides transportation entirely in one State; and
(2) the Commission finds that the nature or quantity of transportation provided by the motor carrier does not substantially affect or impair uniform regulation by the Commission of motor carrier transportation in carrying out the transportation policy of
(b) The Commission may begin a proceeding under this section on its own initiative or on application of a motor carrier, a State authority having jurisdiction to regulate intrastate transportation by motor vehicle on the highways of that State, or an interested party. An application must be under oath and must contain information required by Commission regulation. The Commission may exempt the transportation by motor carrier or class of motor carriers. When an exemption is granted, the Commission shall issue a certificate of exemption describing the conditions required by the public interest under which the certificate is issued.
(c) When an application for exemption is accompanied by a certificate of the authority of the State in which the applicant provides transportation stating the finding of the State authority that the applicant is entitled to a certificate of exemption under this section, the exemption is effective on the 60th day after the application is filed with the Commission unless the Commission denies the application before that date. If not denied before that date, the exemption remains effective until the Commission thereafter denies or revokes it.
(d) The Commission may revoke any part of an exemption granted under this section when it finds that the nature or quantity of the transportation by the motor carrier or class of motor carriers affects or impairs, or is likely substantially to affect or impair uniform regulation by the Commission of motor carrier transportation in carrying out the transportation policy of
(e) Notwithstanding the provisions of this section, the Commission has no jurisdiction under this subchapter over transportation, except transportation of household goods, by a motor carrier operating solely within the State of Hawaii. The State of Hawaii may regulate transportation exempt from the jurisdiction of the Commission under this subsection and, to the extent provided by a motor carrier operating solely within the State of Hawaii, transportation exempt from the jurisdiction of the Commission under
(f) State regulation of the operations of a motor carrier covered by an exemption under this section is not a burden on interstate or foreign commerce.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10525 | 49:304(a)(4a). | Feb. 4, 1887, ch. 104, |
The 5th sentence of 49:304(a)(4a) is omitted as unnecessary in view of subchapter II of
In subsection (a), the words "as in fact", "by order", "character", "in good faith", "in the opinion", and "hereinbefore authorized" are omitted as surplus. The word "entirely" is substituted for "solely" for consistency and clarity. The words "in interstate or foreign commerce" are omitted as unnecessary because those words were defined terms in 49:303(a)(10) and (11) and those terms have been incorporated into section 10521 of the revised title stating the jurisdiction of the Interstate Commerce Commission under
In subsection (b), the words "designated in such certificate", "in writing", "verified", and "reasonably" are omitted as surplus. The words "State authority" are substituted for "State board" for consistency and as being more precise. The words "terms and" are omitted as unnecessary.
In subsection (c), the words "Where an application is made in good faith for the exemption of a motor carrier under this subparagraph" are omitted as unnecessary and in view of section 10321 of the revised title giving the Commission general authority to carry out the subtitle. The words "State authority" are substituted for "State board" for consistency and as being more precise.
In subsection (e), the words "interstate or foreign commerce" are retained because they are used in a constitutional sense in the subsection rather than in the sense of statutory definitions as in the case of subsection (a).
Pub. L. 96–258
This amends section 10525(d) to correct a grammatical error.
Amendments
1982—Subsecs. (e), (f).
1980—Subsec. (d).
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1980 Amendment
Section 3(d) of
Section Referred to in Other Sections
This section is referred to in
§10526. Miscellaneous motor carrier transportation exemptions
(a) The Interstate Commerce Commission does not have jurisdiction under this subchapter over—
(1) a motor vehicle transporting only school children and teachers to or from school;
(2) a motor vehicle providing taxicab service and having a capacity of not more than 6 passengers and not operated on a regular route or between specified places;
(3) a motor vehicle owned or operated by or for a hotel and only transporting hotel patrons between the hotel and the local station of a common carrier;
(4) a motor vehicle controlled and operated by a farmer and transporting—
(A) the farmer's agricultural or horticultural commodities and products; or
(B) supplies to the farm of the farmer;
(5) a motor vehicle controlled and operated by a cooperative association (as defined by section 15(a) of the Agricultural Marketing Act (
(A) for a nonmember that is not a farmer, cooperative association, federation, or the United States Government, the transportation (except for transportation otherwise exempt under this subchapter)—
(i) shall be limited to transportation incidental to the primary transportation operation of the cooperative association or federation and necessary for its effective performance;
(ii) may not exceed in each fiscal year 25 percent of the total transportation of the cooperative association or federation between those places, measured by tonnage; and
(iii) shall be provided only after the cooperative association or federation notifies the Commission of its intent to provide the transportation; and
(B) the transportation for all nonmembers may not exceed in each fiscal year, measured by tonnage, the total transportation between those places for the cooperative association or federation and its members during that fiscal year;
(6) transportation by motor vehicle of—
(A) ordinary livestock;
(B) agricultural or horticultural commodities (other than manufactured products thereof);
(C) commodities listed as exempt in the Commodity List incorporated in ruling numbered 107, March 19, 1958, Bureau of Motor Carriers, Interstate Commerce Commission, other than frozen fruits, frozen berries, frozen vegetables, cocoa beans, coffee beans, tea, bananas, or hemp, or wool imported from a foreign country, wool tops and noils, or wool waste (carded, spun, woven, or knitted);
(D) cooked or uncooked fish, whether breaded or not, or frozen or fresh shellfish, or by-products thereof not intended for human consumption, other than fish or shellfish that have been treated for preserving, such as canned, smoked, pickled, spiced, corned, or kippered products; and
(E) livestock and poultry feed and agricultural seeds and plants, if such products (excluding products otherwise exempt under this paragraph) are transported to a site of agricultural production or to a business enterprise engaged in the sale to agricultural producers of goods used in agricultural production;
(7) a motor vehicle used only to distribute newspapers;
(8)(A) transportation of passengers by motor vehicle incidental to transportation by aircraft;
(B) transportation of property (including baggage) by motor vehicle as part of a continuous movement which, prior or subsequent to such part of the continuous movement, has been or will be transported by an air carrier or (to the extent so agreed by the United States and approved by the Secretary of Transportation) by a foreign air carrier; or
(C) transportation of property by motor vehicle in lieu of transportation by aircraft because of adverse weather conditions or mechanical failure of the aircraft or other causes due to circumstances beyond the control of the carrier or shipper;
(9) the operation of a motor vehicle in a national park or national monument;
(10) a motor vehicle carrying not more than 15 individuals in a single, daily roundtrip to commute to and from work;
(11) transportation of used pallets and used empty shipping containers (including intermodal cargo containers), and other used shipping devices (other than containers or devices used in the transportation of motor vehicles or parts of motor vehicles);
(12) transportation of natural, crushed, vesicular rock to be used for decorative purposes;
(13) transportation of wood chips;
(14) brokers for motor carriers of passengers, except as provided in
(15) transportation of broken, crushed, or powdered glass.
(b) Except to the extent the Commission finds it necessary to exercise jurisdiction to carry out the transportation policy of
(1) transportation provided entirely in a municipality, in contiguous municipalities, or in a zone that is adjacent to, and commercially a part of, the municipality or municipalities, except—
(A) when the transportation is under common control, management, or arrangement for a continuous carriage or shipment to or from a place outside the municipality, municipalities, or zone; or
(B) that in transporting passengers over a route between a place in a State and a place in another State, or between a place in a State and another place in the same State through another State, the transportation is exempt from the jurisdiction of the Commission only if the motor carrier operating the motor vehicle also is lawfully providing intrastate transportation of passengers over the entire route under the laws of each State through which the route runs;
(2) transportation by motor vehicle provided casually, occasionally, or reciprocally but not as a regular occupation or business, except when a broker or other person sells or offers for sale passenger transportation provided by a person authorized to transport passengers by motor vehicle under an application pending, or certificate or permit issued, under this subtitle; or
(3) the emergency towing of an accidentally wrecked or disabled motor vehicle.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10526(a) (1)–(8) | 49:303(b)(1)–(3), (4a)–(7a). | Feb. 4, 1887, ch. 104, |
| 10526(a)(9) | 49:303(b)(4). | Feb. 4, 1887, ch. 104, |
| 49:309(a)(1) (last proviso). | ||
| 10526(b) | 49:303(b)(8)–(10). |
In the introductory matter of subsections (a) and (b), before each clause (1), the words "does not have jurisdiction under this subchapter" are substituted for "Nothing in this chapter, . . . shall be construed to include" for clarity and to conform to the terms used in
In subsection (a)(1), the words "transporting only" are substituted for "employed solely in transporting" to conform to the terms of the other clauses of the section.
In subsection (a)(2), the words "taxicabs, or other" and "bona fide" are omitted as surplus. The words "specified places" are substituted for "fixed termini" for consistency.
In subsection (a)(3), the words "railroad or other" are omitted as surplus. The word "only" is substituted for "exclusively" for consistency.
In subsection (a)(5), the words "so defined" are omitted as surplus. The words "between a place in a State and a place in another State, or between a place in a State and another place in the same State through another State" are substituted for "interstate transportation" for clarity and consistency. The words "any agency or instrumentality thereof" are omitted as surplus.
In subsection (a)(5)(A)(i), (ii), and (iii), the words "under this subchapter" are substituted in each place for "under this chapter" because of the codification of the motor carrier jurisdictional provisions in subchapter II of
In subsection (a)(5)(A)(ii) and (B), the word "by" is substituted in each place for "in terms of" to eliminate surplus words.
In the introductory matter of subsection (a)(6), before clause (A), the words "or passengers" are omitted as unnecessary in view of the restatement of the introductory matter.
In subsection (a)(6)(A), the words "(including shellfish)" are omitted as unnecessary in view of subsection (a)(6)(D).
In subsection (a)(7), the word "only" is substituted for "exclusively" for consistency.
Subsection (a)(9) restates the source provisions for clarity and consistency. The words following the comma in 49:309(a)(1) (last proviso), and the words "under authorization, regulation, and control of the Secretary of the Interior" in 49:303(b)(4), are omitted as surplus.
In subsection (b)(1), the words "in interstate or foreign commerce" are omitted for consistency and as unnecessary because the Commission only has jurisdiction under subchapter II of
In subsection (b)(1)(B), the words "regular or irregular", "or routes", "lawfully", and "such interstate" are omitted as surplus. The words "between a place in a State and a place in another State, or a place in a State and another place in the same State through another State" are substituted for "interstate commerce" for clarity. The words "through which the route runs" are substituted for "having jurisdiction" for clarity.
In subsection (b)(2), the words "interstate or foreign commerce for compensation" are omitted for consistency and as unnecessary because the Commission only has jurisdiction under subchapter II of
In subsection (b)(3), the words "in interstate or foreign commerce" are omitted as surplus.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10526(a) | 49:303(b)(7b). | Feb. 4, 1887, ch. 104, |
This corrects a grammatical error and adds a new exempt activity to the section.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10526(a) (8)(B) | 49 App.:1551(b) (1)(E). | Aug. 23, 1958, |
Section 4(j)(17)(A) amends 49:10526(a)(8)(B) to reflect the transfer under 49 App.:1551(b)(1)(E) of the remaining authority of the Civil Aeronautics Board to the Secretary of Transportation.
Amendments
1994—Subsec. (a)(8)(B).
Subsec. (a)(10).
Subsec. (a)(13).
Subsec. (a)(14).
1984—Subsec. (a)(5).
Subsec. (a)(14), (15).
1983—Subsec. (a)(5).
1982—Subsec. (a)(14).
1980—Subsec. (a)(2).
Subsec. (a)(5)(A)(ii).
Subsec. (a)(6).
Subsec. (a)(8).
Subsec. (a)(10).
Subsec. (a)(11).
Subsec. (a)(12).
Subsec. (a)(13).
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by section 1(5)(A) of
Section Referred to in Other Sections
This section is referred to in
§10527. Written contracts pertaining to certain interstate movements by motor vehicle
(a) Notwithstanding the provisions of
(b) A written contract between an owner or operator of a motor vehicle and a broker, shipper of property, or receiver of property which is required to be used by the Commission under this section shall specify the arrangements, including compensation, with respect to loading and unloading of the property transported under such contract. Whenever the shipper or receiver of the property transported under such contract requires that the operator of the vehicle load or unload any part of the property onto or from the vehicle contrary to any provision of such contract, the shipper or receiver shall compensate the owner or operator of the vehicle for all costs associated with loading or unloading that part of the property. Any person who knowingly violates the preceding sentence is liable to the United States Government for a civil penalty of not more than $10,000 for each violation.
(c) The Commission shall prescribe, by regulation, the minimum requirements and conditions of written contracts required to be used under this section.
(Added
Amendments
1994—Subsec. (a).
Agreements Between Interstate Commerce Commission and Secretary of Agriculture
Section 16(d) of
Section Referred to in Other Sections
This section is referred to in
§10528. Mixed loads of regulated and unregulated property
A motor carrier of property providing transportation exempt from the jurisdiction of the Commission under paragraph (6), (8), (11), (12), or (13) of
(Added
References in Text
Amendments
1994—
1980—
1 See References in Text note below.
§10529. Limited authority over cooperative associations
(a) Notwithstanding
(1) inspect and examine the lands, buildings, and equipment of such association or federation; and
(2) inspect and copy any record of such association or federation.
(b) Notwithstanding
(c) The Commission may bring a civil action to enforce subsections (a) and (b) of this section or a regulation or order of the Commission issued under this section, when violated by a cooperative association or federation of cooperative associations described in subsection (a).
(d)(1) A person required to make a report to the Commission, answer a question, or maintain a record under this section, or an officer, agent, or employee of that person, that (A) does not make the report, (B) does not specifically, completely, and truthfully answer the question, or (C) does not maintain the record in the form and manner prescribed by the Commission, is liable to the United States Government for a civil penalty of not more than $500 for each violation and for not more than $250 for each additional day the violation continues.
(2) Trial in a civil action under paragraph (1) of this subsection shall be in the judicial district in which (A) the cooperative association or federation of cooperative associations has its principal office, (B) the violation occurred, or (C) the offender is found. Process in the action may be served in the judicial district of which the offender is an inhabitant or in which the offender may be found.
(e) A person, or an officer, employee, or agent of that person, that by any means knowingly and willfully tries to evade compliance with the provisions of this section shall be fined at least $200 but not more than $500 for the first violation and at least $250 but not more than $2,000 for a subsequent violation.
(f) A person required to make a report to the Commission, answer a question, or maintain a record under this section, or an officer, agent, or employee of that person, that (1) willfully does not make that report, (2) willfully does not specifically, completely, and truthfully answer that question in 30 days from the date the Commission requires the question to be answered, (3) willfully does not maintain that record in the form and manner prescribed by the Commission, (4) knowingly and willfully falsifies, destroys, mutilates, or changes that report or record, (5) knowingly and willfully files a false report or record with the Commission under this section, (6) knowingly and willfully makes a false or incomplete entry in that record about a business-related fact or transaction, or (7) knowingly and willfully maintains a record in violation of a regulation or order of the Commission issued under this section, shall be fined not more than $5,000.
(Added
Amendments
1994—Subsec. (a).
§10530. Certificates of registration for certain foreign carriers
(a) In this section—
[(1) Repealed.
(2) "foreign motor carrier" means a person (including a motor carrier of property but excluding a motor private carrier)—
(A)(i) which is domiciled in a contiguous foreign country; or
(ii) which is owned or controlled by persons of a contiguous foreign country and is not domiciled in the United States; and
(B) in the case of a person which is not a motor carrier of property, which provides interstate transportation of property (including exempt items) by motor vehicle under an agreement or contract entered into with a motor carrier of property (other than a motor private carrier or a motor carrier of property described in subparagraph (A)).
(3) "foreign motor private carrier" means a person (including a motor private carrier but excluding a motor carrier of property)—
(A)(i) which is domiciled in a contiguous foreign country; or
(ii) which is owned or controlled by persons of a contiguous foreign country and is not domiciled in the United States; and
(B) in the case of a person which is not a motor private carrier, which provides interstate transportation of property (including exempt items) by motor vehicle under an agreement or contract entered into with a person (other than a motor carrier of property or a motor private carrier described in subparagraph (A)).
(4) "exempt items" means items described in paragraphs (4), (6), (11), (12), (13), and (15) of section 10526(a) of this subchapter and items transported under paragraph (5) of such section.
(5) "interstate transportation" means transportation described in section 10521(a) of this subchapter and transportation in the United States exempt from the jurisdiction of the Commission under section 10526(b)(1) of this subchapter.
(b)
(1)
(2)
(c) Without regard to subchapter II of
(1) the Commission finds that the carrier is fit, willing, and able—
(A) to provide the transportation to be authorized by the certificate; and
(B) to comply with this subtitle and regulations of the Commission; and
(2) the carrier demonstrates to the satisfaction of the Commission that the carrier has paid (or will pay in a timely manner) all taxes imposed by section 4481 of the Internal Revenue Code of 1986 on any motor vehicle which such carrier operated in the United States in the most recent taxable period (as such term is defined under section 4482(c) of such Code).
(d) A foreign motor carrier and a foreign motor private carrier must file an application with the Commission for a certificate of registration under this section to provide interstate transportation by motor vehicle. The Commission may approve any part of the application or deny the application. The application must—
(1) be under oath;
(2) contain such information as the Commission may require by regulation; and
(3) be filed with the Commission at such times as the Commission may require by regulation.
(e) The requirement that foreign motor carriers and foreign motor private carriers issued certificates of registration under this section be fit, willing, and able means—
(1) safety fitness; and
(2) proof of minimum financial responsibility—
(A) under section 30 1 of the Motor Carrier Act of 1980, and
(B) under the laws of the States in which the carrier is operating,
to the extent applicable.
(f) Each certificate of registration issued under this section shall specify the transportation to be provided under the certificate.
(g)
(1)
(2)
(h) When a certificate of registration is issued under this section, the Commission may prescribe such conditions on the transportation to be provided under the certificate as may be necessary to carry out the objectives of this section.
(i)(1) Subject to paragraph (3) of this subsection, this section shall not apply with respect to any contiguous foreign country with respect to which a moratorium is not in effect under section 10922(l) 1 of this title on the effective date of this section.
(2) The President of the United States may waive the requirements of this section with respect to any contiguous foreign country if the President determines that such waiver is in the national interest and notifies, in writing, the Congress of such waiver before the date on which such waiver is to take effect. In any case in which the requirements of this section apply with respect to a contiguous foreign country which substantially prohibits grants of authority to persons from the United States to provide transportation by motor vehicle for compensation in such foreign country, such waiver shall not take effect before the 60th day following the date on which the Congress is notified of such waiver.
(3) The President of the United States may, by order, make the requirements of this section applicable with respect to any contiguous foreign country if—
(A) the President determines that making such requirements so applicable is in the national interest; and
(B) the President—
(i) notifies, in writing, the Congress of the issuance of such order; and
(ii) has published a copy of such order in the Federal Register;
at least 30 days before such order takes effect.
(Added
Historical and Revision Notes
Pub. L. 103–272
Section 4(o) corrects technical errors in the introductory language of section 9111(b) and (f) of the Anti-Drug Abuse Act of 1988 (
References in Text
Sections 4481 and 4482(c) of the Internal Revenue Code of 1986, referred to in subsec. (c)(2), are classified to
Section 30 of the Motor Carrier Act of 1980, referred to in subsec. (e)(2)(A), is section 30 of
The effective date of this section, referred to in subsec. (i)(1), is the effective date of
Amendments
1994—Subsec. (b).
Subsec. (g).
Subsec. (i)(2).
1988—Subsec. (a)(1).
Subsec. (a)(2), (3).
"(2) 'foreign motor carrier' means a motor carrier of property—
"(A) which does not hold a certificate issued under
"(B)(i) which is domiciled in any contiguous foreign country; or
"(ii) which is owned or controlled by persons of any contiguous foreign country and is not domiciled in the United States.
"(3) 'foreign motor private carrier' means a motor private carrier—
"(A) which is domiciled in any contiguous foreign country; or
"(B) which is owned or controlled by persons of any contiguous foreign country and is not domiciled in the United States."
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e)(2).
"(A) under section 30 of the Motor Carrier Act of 1980, in the case of a foreign motor carrier or foreign motor private carrier which provides transportation in the United States of an item referred to in subsection (b)(1) of such section; and
"(B) under the laws of the State or States in which the carrier is operating, in the case of a foreign motor private carrier which provides interstate transportation in the United States of property (other than an item referred to in such subsection)."
Subsec. (g).
1986—Subsec. (c)(2).
Effective Date of 1988 Amendment
Section 9111(k) of
Effective Date
Section 226(d) of
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§10531. Mass transportation exemption
(a)
(b)
(1) the public interest would not be served by an exemption;
(2) the exemption would result in an unreasonable burden on interstate or foreign commerce; or
(3) a State or local governmental authority may not regulate the mass transportation to be exempt under this section.
(c)
(d)
(Added
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10531(a) | (no source). | |
| 10531(b) | 49 App.:1608(f)(1). | July 9, 1964, |
| 10531(c) | 49 App.:1608(f)(2) (1st sentence). | |
| 10531(d) | 49 App.:1608(f)(2) (last sentence). |
Subsection (a) is included because the source provisions are taken from the Federal Transit Act (
In subsection (b), before clause (1), the words "the jurisdiction of the Commission under" are added for clarity. The words "the date" are omitted as surplus. The word "proceeding" is substituted for "hearing" for consistency in the revised title and with other titles of the United States Code. The words "by order" and "from subchapter II of
In subsection (d), the words "amend" and "subsequently" are omitted as surplus.
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER III—WATER CARRIER TRANSPORTATION
Subchapter Referred to in Other Sections
This subchapter is referred to in
§10541. General jurisdiction
(a) Subject to this chapter and other law, the Interstate Commerce Commission has jurisdiction over transportation insofar as water carriers are concerned—
(1) by water carrier between a place in a State and a place in another State, even if part of the transportation is outside the United States;
(2) by water carrier and rail carrier or motor carrier from a place in a State to a place in another State, except that if part of the transportation is outside the United States, the Commission only has jurisdiction over that part of the transportation provided—
(A) by rail carrier or motor carrier that is in the United States; and
(B) by water carrier that is from a place in the United States to another place in the United States; and
(3) by water carrier or by water carrier and rail carrier or motor carrier between a place in the United States and a place outside the United States, to the extent that—
(A) when the transportation is by rail carrier or motor carrier, the transportation is provided in the United States;
(B) when the transportation is by water carrier to a place outside the United States, the transportation is provided by water carrier from a place in the United States to another place in the United States before transshipment from a place in the United States to a place outside the United States; and
(C) when the transportation is by water carrier from a place outside the United States, the transportation is provided by water carrier from a place in the United States to another place in the United States after transshipment to a place in the United States from a place outside the United States.
(b) If transportation by a carrier would be subject to the jurisdiction of the Commission under both subsection (a) of this section and subchapter I of this chapter, then that transportation is subject to the jurisdiction of the Commission under subsection (a) of this section. However, that transportation is also subject to the jurisdiction of the Commission under subchapter I of this chapter to the extent that this subtitle imposes requirements on transportation by carriers subject to the jurisdiction of the Commission under subchapter I that are not imposed on transportation by carriers subject to the jurisdiction of the Commission under subsection (a) of this section.
(c) This subtitle does not—
(1) affect the power of a State to regulate intrastate transportation provided by a water carrier; or
(2) authorize the Commission to prescribe or regulate a rate for intrastate transportation by a water carrier.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10541(a) (introductory words before cl. (1)) | 49:ch. 12 generally (§§901–923). | Feb. 4, 1887, ch. 104, |
| 10541(a) (1)–(3) | 49:902(i). | |
| 10541(b) | 49:903(a). | |
| 10541(c) | 49:903(j), (k). |
In the introductory matter of subsection (a), before clause (1), the words "the Interstate Commerce Commission has jurisdiction over transportation insofar as water carriers are concerned" are based on 49:
In subsection (a)(1), (3), the words "wholly", and "partly" are omitted as surplus. The words "water carrier", "rail carrier", and "motor carrier" are substituted for "water", "railroad", and "motor vehicle", respectively, as more precise because the purpose of the language of the section is to state the jurisdiction of the Commission over transportation by the 3 types of carriers, and the terms "railroad" and "motor vehicle" are defined terms incorporated into the definitions of "rail carrier" and "motor carrier", respectively.
In subsection (a)(3), the words "for movement" and "in a movement" are omitted as surplus.
In subsection (c), the words "This subtitle does not" are substituted for "Nothing in this chapter shall" for clarity. The word "exclusive" is omitted as unnecessary. The words "intrastate transportation" are substituted for "intrastate commerce" for consistency. The words "within the jurisdiction of such State" are omitted as unnecessary. The word "rate" is substituted for "rate, fare, or charge" because of the definition of "rate" in section 10102 of the revised title. The words after "intrastate transportation" are omitted as unnecessary because services are included in the word "transportation" and because of the restatement of the source provisions.
§10542. Exempt bulk transportation
(a)(1) The Interstate Commerce Commission does not have jurisdiction under this subchapter over transportation by a water carrier of commodities in bulk that, under an existing custom of the trade in the handling and transportation of commodities in bulk as of June 1, 1939—
(A) are loaded and carried without wrappers or containers; and
(B) are received and delivered by the carrier without transportation mark or count.
(2) This subsection does not apply to transportation subject to the Intercoastal Shipping Act, 1933 (46 App. U.S.C. 843 et seq.) on September 18, 1940.
(b) The Commission does not have jurisdiction under this subchapter over transportation by a water contract carrier of commodities in bulk in a non-oceangoing vessel on a normal voyage during which—
(1) the cargo space of the vessel is used for carrying not more than 3 commodities in bulk; and
(2) the vessel passes in or through waters that are international for navigational purposes by a treaty to which the United States is a party.
(c) The Commission does not have jurisdiction under this subchapter over transportation by water carrier of liquid cargoes in bulk in a tank vessel—
(1) designed exclusively for transporting such a cargo; and
(2) having a certificate of inspection issued under part B of subtitle II of title 46 endorsed to show that the vessel complies with
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10542(a) | 49:903(b). | Feb. 4, 1887, ch. 104, |
| 10542(b) | 49:903(c). | |
| 10542(c) | 49:903(d). |
In subsection (a)(1), before clause (A), and in subsections (b) and (c), before each clause (1), the words "Commission does not have jurisdiction under this subchapter" are substituted for "Nothing in this chapter shall apply" for clarity and for consistency with the terms used in other sections of
References in Text
The Intercoastal Shipping Act, 1933, referred to in subsec. (a)(2), is act Mar. 3, 1933, ch. 199,
Amendments
1994—Subsec. (a)(2).
1984—Subsec. (a)(2).
Subsec. (c)(2).
1983—Subsec. (c).
Subsec. (c)(2).
Section Referred to in Other Sections
This section is referred to in
§10543. Exempt incidental water transportation
(a)(1) The Interstate Commerce Commission does not have jurisdiction under this subchapter when the transportation—
(A)(i) is provided in a terminal area and is a transfer, collection, or delivery; or
(ii) is flotage, car ferrying, lighterage, or towage;
(B) is provided by—
(i) a rail carrier subject to the jurisdiction of the Commission under subchapter I of this chapter; or
(ii) a motor carrier subject to the jurisdiction of the Commission under subchapter II of this chapter; and
(C) is incidental to transportation provided by the carrier subject to the jurisdiction of the Commission under either of those subchapters.
(2) Transportation exempt from the jurisdiction of the Commission under paragraph (1) of this subsection is subject to the jurisdiction of the Commission under subchapter I of this chapter when provided by such a rail carrier and under subchapter II of this chapter when provided by such a motor carrier.
(b)(1) Except to the extent provided in paragraph (2) of this subsection, the Commission does not have jurisdiction under this subchapter over transportation by water when the transportation—
(A)(i) is provided in a terminal area and is a transfer, collection, or delivery; or
(ii) is flotage, car ferrying, lighterage, or towage; and
(B) is provided by a person as an agent or under other arrangement for—
(i) a rail carrier or express carrier subject to the jurisdiction of the Commission under subchapter I of this chapter;
(ii) a motor carrier subject to the jurisdiction of the Commission under subchapter II of this chapter; or
(iii) a water carrier subject to the jurisdiction of the Commission under this subchapter.
(2) Transportation exempt from the jurisdiction of the Commission under paragraph (1) of this subsection is considered transportation provided by the carrier for whom the transportation was provided and is subject to the jurisdiction of the Commission under subchapter I of this chapter when provided for such a rail carrier or express carrier, under subchapter II of this chapter when provided for such a motor carrier, and under this subchapter when provided for such a water carrier.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10543(a) | 49:903(f) (words before cl. (1)), (1). | Feb. 4, 1887, ch. 104, |
| 10543(b) | 49:903(f) (words before cl. (1)), (2). |
The words "Notwithstanding any provision of this section or of
In the introductory matter of subsections (a) and (b), before each clause (1), the words "does not have jurisdiction under this subchapter" are substituted for "the provisions of this chapter shall not apply" for clarity and to conform to the terms used in
§10544. Miscellaneous water carrier transportation exemptions
(a) Except to the extent the Interstate Commerce Commission finds it necessary to exercise jurisdiction to carry out the transportation policy of
(1) entirely in one harbor or between places in contiguous harbors, other than transportation under common control, management, or arrangement for a continuous carriage or shipment to or from a place outside the limits of the harbor or the contiguous harbors;
(2) by a vessel of not more than 100 tons carrying capacity or 100 indicated horsepower;
(3) by a vessel carrying only passengers and equipped to carry not more than 16 passengers;
(4) by a ferry;
(5) by a water carrier transporting equipment of contractors used, or to be used, in construction or repair for the water carrier; or
(6) to carry out salvage operations.
(b) The Commission may exempt from its jurisdiction under this subchapter the transportation of passengers between places in the United States through a foreign port when the Commission finds its jurisdiction is not necessary to carry out the transportation policy of
(c) The Commission shall exempt from its jurisdiction under this subchapter the transportation of commodities by water contract carrier when the Commission finds that the transportation is not actually and substantially competitive with transportation provided by a carrier subject to the jurisdiction of the Commission under subchapter I or II of this chapter because of the inherent nature of the commodities transported, their requirement of special equipment, or their shipment in bulk. The Commission may prescribe conditions applicable to an exemption under this subsection. The Commission may begin a proceeding under this subsection on application of a water contract carrier.
(d)(1) The Commission does not have jurisdiction under this subtitle over transportation by a water common carrier provided between the 48 contiguous States or the District of Columbia, and Alaska if, before January 3, 1959—
(A) the carrier provided that transportation, was also a motor common carrier, and has continued to provide the transportation since before that date; and
(B) the transportation was subject to the Shipping Act, 1916 (46 App. U.S.C. 801 et seq.) or the Intercoastal Shipping Act, 1933 (46 App. U.S.C. 843 et seq.).
(2) The transportation remains subject to the jurisdiction of the Federal Maritime Commission.
(e) The Commission shall exempt the transportation of property on a vessel furnished by a water contract carrier to a person not a carrier providing transportation or service subject to the jurisdiction of the Commission under this subtitle when the person uses the vessel to transport its own property and the Commission finds its jurisdiction is not necessary to carry out the transportation policy of
(f)(1) The Commission shall exempt the transportation of property by a water carrier under this subchapter when the Commission finds that the carrier is transporting only the property of a person owning substantially all of the voting stock of the carrier. When an exemption is granted, the Commission shall issue a certificate of exemption. The Commission may begin a proceeding under this subsection on its own initiative or on application of an interested party.
(2) The Commission may revoke an exemption granted under this subsection when it finds the water carrier is no longer entitled to the exemption. If the exemption is revoked, the Commission shall restore without further proceedings the authority the water carrier had to provide transportation subject to the jurisdiction of the Commission under this subchapter at the time the exemption became effective.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10544(a) | 49:903(g). | Feb. 4, 1887, ch. 104, |
| 10544(b) | 49:903(e)(1). | Feb. 4, 1887, ch. 104, |
| 10544(c) | 49:903(e)(2) (less last sentence). | |
| 10544(d) | 49:903(e)(3). | Feb. 4, 1887, ch. 104, |
| 10544(e) | 49:902(e) (3d–5th sentences). | Feb. 4, 1887, ch. 104, |
| 10544(f) | 49:903(h). |
In subsection (a), the words "does not have jurisdiction under this subchapter" are substituted for "the provisions of this part shall not apply" for clarity and to conform to the terms used in
Subsection (a)(1) has been restated to conform to the language of section 10526(b)(1) and terms used elsewhere in
In subsection (a)(2), the word "vessel" is substituted for "small vessel" because "vessel" is a defined term in section 10102 of the revised title that applies to "watercraft" and the balance of the clause explains what "small" means.
In subsection (b), the words "exempt from its jurisdiction under this subchapter" and "its jurisdiction" are substituted for "exempt from the requirements of this chapter" and "application of such requirements", respectively, for consistency and clarity. The words "any provision", "by order", "or ports", and "thereto" are omitted as surplus. The words "of an interested party" are added for clarity.
In subsection (c), the words "It is declared to be the policy of" and "to exclude from the provisions of this chapter, in addition to the transportation otherwise excluded under this section" are omitted as surplus. The words "made in such manner and form as the Commission may by regulations prescribe" are omitted in view of section 10321(a) of the revised title. The words "and limitations" are omitted as unnecessary. The words "by order . . . such of the transportation engaged in by such carrier as it finds necessary to carry out the policy above declared" are omitted as surplus.
Subsection (d) restates the source provisions for clarity and consistency. The word "transportation" is substituted for "operations" because the jurisdiction of the Interstate Commerce Commission is over transportation and the operations of a carrier are included in the definition of transportation.
Subsection (e) restates the source provisions for clarity and consistency. The words "after an opportunity for a proceeding" are substituted for "reasonable opportunity for hearing" for consistency.
Subsection (f) restates the source provisions for clarity and consistency. The words "substantially all" are substituted for "all or substantially all" to eliminate redundancy. The words "by order", "foregoing provisions", and "if any" are omitted as surplus. The words following the comma in the 2d sentence of 49:903(h) are omitted as unnecessary. The last sentence of 49:903(h) is omitted as unnecessary in view of subchapter II of
Pub. L. 96–258
This amends section 10544(d)(1) to make a technical change to conform to the source provision.
Pub. L. 98–216
This is necessary to conform an amendment made by section 5(g)(2) and (5) of the Act of January 12, 1983 (
References in Text
The Shipping Act, 1916, referred to in subsec. (d)(1)(B), is act Sept. 7, 1916, ch. 451,
The Intercoastal Shipping Act, 1933, referred to in subsec. (d)(1)(B), is act Mar. 3, 1933, ch. 199,
Amendments
1994—Subsec. (d)(1)(B).
1984—Subsec. (d)(1)(B).
1983—Subsec. (d)(1)(B).
1980—Subsec. (d)(1).
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER IV—FREIGHT FORWARDER SERVICE
Subchapter Referred to in Other Sections
This subchapter is referred to in
§10561. General jurisdiction
(a) Subject to this chapter and other law, the Interstate Commerce Commission has jurisdiction over service that a household goods freight forwarder—
(1) undertakes to provide; or
(2) is authorized or required under this subtitle to provide;
to the extent transportation is provided in the United States and is between—
(A) a place in a State and a place in another State, even if part of the transportation is outside the United States;
(B) a place in a State and another place in the same State through a place outside the State; or
(C) a place in the United States and a place outside the United States.
(b) The Commission does not have jurisdiction under subsection (a) of this section over service undertaken by a household goods freight forwarder using transportation—
(1) of an air carrier subject to part A of subtitle VII of this title; or
(2) by motor vehicle exempt under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10561(a) (introductory words before cl. (1)) | 49:ch. 13 generally (§§1001–1022). | Feb. 4, 1887, ch. 104, |
| 10561(a)(1), (2) | 49:1002(a)(7) (words before semicolon). | |
| 10561(a) (A)–(C) | 49:1002(a)(6). | |
| 10561(b) | 49:1002(a)(7) (words after semicolon). |
In the introductory matter of subsection (a), before clause (1), the words "the Interstate Commerce Commission has jurisdiction over service that a freight forwarder" are based on 49:
In subsection (a)(1) and (2), the words "perform or" are omitted as redundant.
In subsection (b)(1), the words "air carrier subject to
Amendments
1994—Subsec. (b)(1).
1986—
Effective Date of 1986 Amendment
Amendment by
[§10562. Repealed. Pub. L. 99–521, §6(d)(1), Oct. 22, 1986, 100 Stat. 2994 ]
Section,
Effective Date of Repeal
Repeal effective 60 days after Oct. 22, 1986, see section 15 of
CHAPTER 107 —RATES, TARIFFS, AND VALUATIONS
SUBCHAPTER I—GENERAL AUTHORITY
SUBCHAPTER II—SPECIAL CIRCUMSTANCES
SUBCHAPTER III—LIMITATIONS
SUBCHAPTER IV—TARIFFS AND TRAFFIC
SUBCHAPTER V—VALUATION OF PROPERTY
Amendments
1993—
1986—
1984—
1980—
Chapter Referred to in Other Sections
This chapter is referred to in
SUBCHAPTER I—GENERAL AUTHORITY
§10701. Standards for rates, classifications, through routes, rules, and practices
(a) A rate (other than a rail rate), classification, rule, or practice related to transportation or service provided by a carrier subject to the jurisdiction of the Interstate Commerce Commission under
[(b) Repealed.
(c) A common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I or III of
(d) In a proceeding to determine whether a rate for transportation or service provided by a common carrier subject to the jurisdiction of the Commission under subchapter II, III, or IV of
(e) Except as provided in subsection (f), in proceedings to determine the reasonableness of rate levels for a motor carrier or group of motor carriers, or in proceedings to determine the reasonableness of a territorial rate structure where rates are proposed through agreements authorized by
(f)
(1)
(A) the carrier or freight forwarder is no longer transporting property or is transporting property for the purpose of avoiding the application of this subsection; and
(B) with respect to the claim—
(i) the person was offered a transportation rate by the carrier or freight forwarder other than that legally on file with the Commission for the transportation service;
(ii) the person tendered freight to the carrier or freight forwarder in reasonable reliance upon the offered transportation rate;
(iii) the carrier or freight forwarder did not properly or timely file with the Commission a tariff providing for such transportation rate or failed to enter into an agreement for contract carriage;
(iv) such transportation rate was billed and collected by the carrier or freight forwarder; and
(v) the carrier or freight forwarder demands additional payment of a higher rate filed in a tariff.
If there is a dispute as to the showing under subparagraph (A), such dispute shall be resolved by the court in which the claim is brought. If there is a dispute as to the showing under subparagraph (B), such dispute shall be resolved by the Commission. Pending the resolution of any such dispute, the person shall not have to pay any additional compensation to the carrier or freight forwarder. Satisfaction of the claim under paragraph (2), (3), or (4) of this subsection shall be binding on the parties, and the parties shall not be subject to
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(A)
(B)
(i) the 60th day following the filing of an answer to a suit for the collection of such additional legally applicable freight rate or charges, or
(ii) the 90th day following the date of the enactment of this subsection.
(C)
(D)
(i) the 60th day following the filing of an answer to a suit for the collection of such additional legally applicable freight rate or charges, or
(ii) the 90th day following the date of the enactment of this subsection.
(9)
(A) if such person qualifies as a small-business concern under the Small Business Act (
(B) if such person is an organization which is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, or
(C) if the cargo involved in the claim is recyclable materials, as defined in section 10733.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10701(a) | 49:1(4) (related to standards), (5)(a), (b) (1st and 2d sentences). | Feb. 4, 1887, ch. 104, §1(4) (related to standards), (5)(a), (b) (less 7th and 8th sentences), |
| 49:316(a) (related to standards), (b) (related to standards), (d) (1st sentence); 318(a) (1st sentence related to standards). | Feb. 4, 1887, ch. 104, |
|
| 49:905(a) (1st sentence related to standards and 2d sentence), (b) (4th sentence); 906(e) (1st sentence related to standards). | Feb. 4, 1887, ch. 104, |
|
| 49:1004(a) (related to standards). | Feb. 4, 1887, ch. 104, |
|
| 10701(b) | 49:1(5)(b) (less 1st, 2d, 7th, and 8th sentences). | |
| 10701(c) | 49:3(4) (1st sentence 2d cl., 2d sentence related to standards). | Feb. 4, 1887, ch. 104, §3(4) (1st sentence 2d cl., 2d sentence related to standards), |
| 49:905(d) (1st sentence 2d cl., 2d sentence related to standards). | ||
| 10701(d) | 49:316(h). 49:907(c). 49a:1006(c). |
The section consolidates and restates the source provisions for clarity. The words "rates" and "transportation" are substituted for "rate, fare, or charge" and "service . . . in the transportation of passengers or property", except as related to freight forwarders, in view of the definitions of "rate" and "transportation" in section 10102 of the revised title.
Subsection (a) is added to eliminate repetition of the word "reasonable" throughout the revised title. The word "reasonable" is substituted for "just and reasonable" for clarity, consistency, and to conform to modern usage. See the revision note to section 10101 of the revised title. The 2d clause and last sentence of 49:1(5)(a) and the 2d sentence of 49:1(5)(b) are omitted as surplus. The words "discrimination against" are substituted for "prefer or prejudice" as being inclusive. See the revision note to section 10101 of the revised title.
In subsection (b), the words "or not shown to be" are omitted as surplus. The words "(hereafter in this paragraph referred to as the 'proponent carrier')" are omitted as unnecessary. The word "unless" is substituted for "except where" for clarity. The words "For the purposes of the preceding sentence" are omitted as surplus. The last sentence of subsection (b)(1) is substituted for 49:1(5)(b) (last sentence) to eliminate unnecessary terms.
In subsection (c), the word "unreasonably" is substituted for "unduly" for consistency. The last sentence of 49:905(d) is omitted as unnecessary in view of the restatement. The words "discriminate against" are substituted for "prejudice" as being more inclusive. See the revision note to section 10101 of the revised title.
In subsection (d), 49:316(h), 907(c), and 1006(c) are consolidated into one subsection patterned after 49:316(h). The words "is considered" are substituted for "shall be deemed" for clarity. The words "the provisions of" are omitted as surplus.
References in Text
The date of the enactment of this subsection, referred to in subsec. (f)(8)(B) to (D), is the date of enactment of
The Small Business Act, referred to in subsec. (f)(9)(A), is
Section 501 of the Internal Revenue Code of 1986, referred to in subsec. (f)(9)(B), is classified to
Amendments
1993—Subsec. (e).
Subsec. (f).
1982—Subsec. (e).
1980—Subsec. (a).
Subsec. (b).
Subsec. (e).
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Applicability of Procedures for Resolving Claims Involving Unfiled Negotiated Transportation Rates
Section 2(c) of
Report Concerning Procedures for Resolving Claims Involving Unfiled Negotiated Transportation Rates
Section 2(d) of
Alternative Procedure for Resolving Disputes
Section 2(e) of
"(1)
"(2)
"(A) whether the person was offered a transportation rate by the carrier or freight forwarder or party other than that legally on file with the Commission for the transportation service;
"(B) whether the person tendered freight to the carrier or freight forwarder in reasonable reliance upon the offered transportation rate;
"(C) whether the carrier or freight forwarder did not properly or timely file with the Commission a tariff providing for such transportation rate or failed to enter into an agreement for contract carriage;
"(D) whether the transportation rate was billed and collected by the carrier or freight forwarder; and
"(E) whether the carrier or freight forwarder or party demands additional payment of a higher rate filed in a tariff.
"(3)
"(4)
"(5)
"(6)
"(A)
"(B)
Prior Settlements and Adjudications
Section 2(f) of
Limitation on Statutory Construction
Section 9 of
Section Referred to in Other Sections
This section is referred to in
§10701a. Standards for rates for rail carriers
(a) Except as provided in subsection (b) or (c) of this section and unless a rate is prohibited by a provision of this title, a rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(b)(1) If the Commission determines, under
(2) In any proceeding to determine the reasonableness of a rate described in paragraph (1) of this subsection—
(A) the shipper challenging such rate shall have the burden of proving that such rate is not reasonable if—
(i) such rate (I) is authorized under
(ii) such rate does not meet the description set forth in clause (i) of this subparagraph, but the Commission does not begin an investigation proceeding under
(B) the rail carrier establishing the challenged rate shall have the burden of proving that such rate is reasonable if—
(i) such rate (I) is greater than that authorized under
(ii) the Commission begins an investigation proceeding under
(3) In determining whether a rate established by a rail carrier is reasonable for purposes of this section, the Commission shall recognize the policy of this subtitle that rail carriers shall earn adequate revenues, as established by the Commission under
(c)(1) A rate for transportation or other service provided by a rail carrier subject to the jurisdiction of the Commission under subchapter I of
(2) A rate for transportation by a rail carrier that equals or exceeds the variable cost of providing the transportation is conclusively presumed to contribute to the going concern value of such rail carrier.
(3)(A) Upon the filing of a complaint alleging that a rate is in violation of this subsection, the Commission shall take final action thereon by the 90th day after the date such complaint is filed.
(B) If the Commission determines, based on the record after opportunity for a hearing, that a rate is in violation of this subsection, the Commission shall order such rate to be raised, but only to the minimum level required by this subsection. The complainant shall have the burden of proving that such rate is in violation of this subsection.
(4)(A) For purposes of this subsection, variable costs shall be determined under formulas or procedures prescribed or certified by the Commission.
(B) In the determination of variable costs for purposes of minimum rate regulation, the Commission shall, on application of the rail carrier proposing the rate, determine only the costs of such carrier and only those costs of the specific service in question unless the specific information is not available. The Commission may not include in such variable costs an expense that does not vary directly with the level of transportation provided under the proposed rate.
(Added
Amendments
1994—Subsec. (b)(3).
Effective Date
Section effective Oct. 1, 1980, see section 710(a) of
Determination of Extent Product Competition To Be Considered in Rate Regulation Proceedings; Availability of Alternative Sources; Coal From Alternative Sources; Standards for Reasonableness Under Existing Laws and Meaning of Market Dominance Unaffected
Section 205(a) of
Challenge of Existing Rail Carrier Rates; Grounds; Time Limitation; Exception; Burden of Proof
Section 229 of
"(a) Any rate that is in effect on the effective date of this Act [Oct. 1, 1980] for transportation by a rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
"(b) Any rate described in subsection (a) of this section—
"(1) which is not challenged in a complaint filed within the 180-day period provided in such subsection; or
"(2) which is challenged in such a complaint, but (A) the rail carrier is found not to have market dominance over the transportation to which the rate applies, or (B) the rate is found to be reasonable,
shall be deemed to be lawful and may not thereafter be challenged in the Commission or in any court (other than on appeal from a decision of the Commission).
"(c) The provisions of this section shall not apply to any rate under which the volume of traffic moved during the 12-month period immediately preceding the effective date of this Act did not exceed 500 net tons and has increased tenfold within the 3-year period immediately preceding the bringing of a challenge to the reasonableness of such rate.
"(d) The burden of proof in any proceeding under this section shall be on the complainant."
Section Referred to in Other Sections
This section is referred to in
§10702. Authority for carriers to establish rates, classifications, rules, and practices
(a) A common carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under
(1) rates, including divisions of joint rates, and classifications for transportation and service it may provide under this subtitle; and
(2) rules and practices on matters related to that transportation or service, including rules and practices on—
(A) issuing tickets, receipts, bills of lading, and manifests;
(B) carrying of baggage;
(C) the manner and method of presenting, marking, packing, and delivering property for transportation; and
(D) facilities for transportation.
(b) A contract carrier, except a motor contract carrier of property, providing transportation subject to the jurisdiction of the Commission under
(c)
(1)
(2)
(A) identify the parties thereto;
(B) commit the shipper to tender and the carrier to transport a series of shipments;
(C) contain the contract rate or rates for the transportation service to be or being provided; and
(D)(i) state that it provides for the assignment of motor vehicles for a continuing period of time for the exclusive use of the shipper; or
(ii) state that it provides that the service is designed to meet the distinct needs of the shipper.
(3)
(4)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10702(a) | 49:1(4) (2d sentence last cl.), (6) (less last sentence). | Feb. 4, 1887, ch. 104, §1(4) (2d sentence last cl.), (6) (less last sentence), |
| 49:316(a) (60th–143d words), (b) (less 16th–33d words), (c) (2d sentence). | Feb. 4, 1887, ch. 104, |
|
| 49:905(a) (less 1st sentence 1st cl. and last sentence), (b) (4th sentence). | Feb. 4, 1887, ch. 104, |
|
| 49:1004(a) (related to carrier authority). | Feb. 4, 1887, ch. 104, |
|
| 10702(b) | 49:318(a) (1st and 4th sentence, and 7th sentence proviso related to relief). | Feb. 4, 1887, ch. 104, |
| 49:906(e) (1st sentence, and 7th sentence proviso related to relief). |
The section consolidates and restates the source provisions for clarity.
In subsection (a), the word "shall" is substituted for "It shall be the duty of every" for clarity. The words "observe, and enforce" are omitted as surplus in view of the restatement. The authority to establish rates in this section is made applicable to rail, express, sleeping car, and pipeline carriers for consistency. The word "prejudice" is omitted as surplus. The word "rules" is substituted for "rules and regulations" for consistency when referring to carriers. The word "rates" is substituted for "rates, fares, charges" in view of the definition of "rate" in section 10102 of the revised title. The word "tariffs" is omitted as unnecessary. The words "personal, sample, and excess" are omitted as surplus. The words "related to" are substituted for "connected with" for clarity. The last 63 words of 49:1(6) (1st sentence) are omitted as surplus.
In subsection (b), the word "shall" is substituted for "It shall be the duty of every" for clarity. The words "and observe" are omitted as surplus. The word "rules" is substituted for "regulations" for consistency when referring to carriers. The words "However, this subsection" are inserted for clarity. The words "does not require" are substituted for "Nothing herein provided shall be so construed as to require" for clarity. The words "from this subsection" are substituted for "from the provisions of this paragraph" in 49:318(a) and "from the provisions of this subsection" in 49:906(e) to conform to the revised title. The words "to such extent and for such time, and in such manner as in its judgment" are omitted as unnecessary in view of the restatement. The words "may begin a proceeding under this subsection" are substituted for "after hearing" in view of subchapter II of
References in Text
The date of the enactment of this subsection, referred to in subsec. (c)(1), is the date of enactment of
Amendments
1994—Subsec. (b).
1993—Subsec. (c).
Section Referred to in Other Sections
This section is referred to in
§10703. Authority for carriers to establish through routes
(a) A carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under
(1) Rail, express, sleeping car, and pipeline carriers shall establish through routes with each other and shall establish rates and classifications applicable to those routes.
(2) Rail and water common carriers shall establish through routes with each other and shall establish rates and classifications applicable to those routes.
(3) A motor common carrier of passengers shall establish through routes with other carriers of the same type and shall establish individual and joint rates applicable to them.
(4)(A) A motor common carrier of property may establish through routes and joint rates and classifications applicable to them with other carriers of the same type, with rail and express carriers, and with water common carriers, including those referred to in subparagraph (D) of this paragraph.
(B) A motor common carrier of passengers may establish through routes and joint rates applicable to them with rail carriers or water common carriers, including those referred to in subparagraph (D) of this paragraph, or both.
(C) Water common carriers shall establish through routes with each other and shall establish rates and classifications applicable to those routes and may establish—
(i) through routes and rates and classifications applicable to them with motor common carriers; and
(ii) through routes and joint rates and classifications applicable to them with water common carriers referred to in subparagraph (D)(ii) of this paragraph.
(D) A through route or joint rate or classification authorized to be established with a carrier referred to in this subparagraph may be established with a water common carrier providing transportation subject to—
(i) the jurisdiction of the Commission under subchapter III of
(ii) section 1 of the Shipping Act, 1916 (46 App. U.S.C. 801) or the Intercoastal Shipping Act, 1933 (46 App. U.S.C. 843 et seq.) (including persons holding themselves out to transport goods by water but not owning or operating vessels) and providing transportation of property between Alaska or Hawaii and the other 48 States.
A through route and a rate, classification, rule, or practice related to a through route with a water common carrier referred to in this subparagraph is subject to the provisions of this subtitle governing the type of carrier establishing the rate, classification, rule, or practice.
(E) A household goods freight forwarder may enter into contracts with a rail carrier or with a water common carrier providing transportation subject to the Shipping Act, 1916 (46 App. U.S.C. 801 et seq.) or the Intercoastal Shipping Act, 1933 (46 App. U.S.C. 843 et seq.). Not later than 180 days after the date of enactment of this subparagraph, the Commission shall promulgate regulations implementing the provisions of this subparagraph.
(b) A carrier providing transportation subject to the jurisdiction of the Commission under subchapter I, II (insofar as motor carriers of property are concerned), or III of
(1) reasonable facilities for operating the through route; and
(2) reasonable compensation to persons entitled to compensation for services related to the through route.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10703(a)(1), (2) | 49:1(4) (1st sentence related to through routes). | Feb. 4, 1887, ch. 104, §1(4) (1st sentence related to through routes and 2d sentence less last cl.), |
| 49:905(b) (1st sentence 1st–43d words). | Feb. 4, 1887, ch. 104, |
|
| 10703(a)(3) | 49:316(a) (1st–24th and 45th–59th words). | Feb. 4, 1887, ch. 104, |
| 10703(a)(4) (A), (B) | 49:316(c) (1st sentence). | |
| 10703(a)(4) (C) | 49:905(b) (2d sentence and 3d sentence 1st–25th words). | |
| 10703(a)(4) (D) | 49:316(c) (less 1st and 2d sentences). | |
| 49:905(b) (3d sentence less 1st–25th words). | ||
| 10703(b) | 49:1(4) (less 1st sentence and 2d sentence last cl.). | |
| 49:905(b) (less 1st sentence 1st–43d words, 2d, 3d, and 4th sentences). |
The section consolidates and restates the source provisions for clarity. In subsection (a), the words "under subchapter I of
In subsection (b), the words "establish rules for its operation" are substituted for "and to make reasonable rules and regulations with respect to their operation" from 49:1(4) for clarity, and the word "reasonable" is omitted in view of section 10701 of the revised title. The words "for services related to the through route" are substituted for "those entitled thereto" for clarity.
Pub. L. 98–216
This is necessary to conform an amendment made by section 5(g)(2) and (5) of the Act of January 12, 1983 (
References in Text
The Shipping Act, 1916, referred to in subsec. (a)(4)(E), is act Sept. 7, 1916, ch. 451,
The Intercoastal Shipping Act, 1933, referred to in subsec. (a)(4)(D)(ii), (E), is act Mar. 3, 1933, ch. 199,
The date of enactment of this subparagraph, referred to in subsec. (a)(4)(E), is the date of enactment of
Amendments
1994—Subsec. (a)(4)(D)(ii).
Subsec. (a)(4)(E).
1986—Subsec. (a)(4)(E).
1984—Subsec. (a)(4)(D)(ii).
1983—Subsec. (a)(4)(D)(ii).
1980—Subsec. (a)(4)(E).
Subsec. (b).
Effective Date of 1986 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§10704. Authority and criteria: rates, classifications, rules, and practices prescribed by Interstate Commerce Commission
(a)(1) When the Interstate Commerce Commission, after a full hearing, decides that a rate charged or collected by a carrier for transportation subject to the jurisdiction of the Commission under subchapter I of
(2) The Commission shall maintain and revise as necessary standards and procedures for establishing revenue levels for rail carriers providing transportation subject to its jurisdiction under that subchapter that are adequate, under honest, economical, and efficient management, to cover total operating expenses, including depreciation and obsolescence, plus a reasonable and economic profit or return (or both) on capital employed in the business. The Commission shall make an adequate and continuing effort to assist those carriers in attaining revenue levels prescribed under this paragraph. However, a rate, classification, rule, or practice of a rail carrier may be maintained at a particular level to protect the traffic of another carrier or mode of transportation only if the Commission finds that the rate or classification, or rule or practice related to it, reduces or would reduce the going concern value of the carrier charging the rate. Revenue levels established under this paragraph should—
(A) provide a flow of net income plus depreciation adequate to support prudent capital outlays, assure the repayment of a reasonable level of debt, permit the raising of needed equity capital, and cover the effects of inflation; and
(B) attract and retain capital in amounts adequate to provide a sound transportation system in the United States.
(3) The Commission shall conclude a proceeding under paragraph (2) of this subsection within 180 days after the effective date of the Staggers Rail Act of 1980 and thereafter as necessary.
(4) On the basis of the standards and procedures under paragraph (2) of this subsection, the Commission shall, within 180 days after the effective date of the Staggers Rail Act of 1980 and on an annual basis thereafter, determine which rail carriers are earning adequate revenues.
(b)(1) When the Commission decides that a rate charged or collected by—
(A) a motor common carrier for providing transportation subject to its jurisdiction under subchapter II of
(B) a water common carrier for providing transportation subject to its jurisdiction under subchapter III of
(C) a household goods freight forwarder for providing service subject to its jurisdiction under subchapter IV of
or that a classification, rule, or practice of that carrier, does or will violate this chapter, the Commission shall prescribe the rate (including a maximum or minimum rate, or both), classification, rule, or practice to be followed.
(2)(A) When prescribing a rate, classification, rule, or practice for transportation or service by common carriers other than by rail carrier, the Commission shall consider, among other factors, the effect of the prescribed rate, classification, rule, or practice on the movement of traffic by that carrier.
(B) When prescribing a rate, classification, rule, or practice for transportation or service by common carriers other than by rail carrier or motor carrier, the Commission shall consider, among other factors, the need for revenues that are sufficient, under honest, economical, and efficient management, to let the carrier provide that transportation or service.
(3) If the carrier is a motor or water common carrier or a household goods freight forwarder, the Commission shall also consider the need, in the public interest, of adequate and efficient transportation or service by that carrier at the lowest cost consistent with providing that transportation or service.
(4) If the carrier is a motor common carrier or a household goods freight forwarder, the Commission shall also consider the inherent advantages of transportation by motor common carrier or the inherent nature of household goods freight forwarding, respectively.
(c)(1) When the Commission finds that a minimum rate of a contract carrier for transportation subject to the jurisdiction of the Commission under subchapter II or III of
(2) When prescribing a minimum rate, or rule or practice related to a rate, for a contract carrier, the Commission shall consider—
(A) the cost of the transportation provided by the carrier; and
(B) the effect of a prescribed minimum rate, or rule or practice, on the movement of traffic by that carrier.
(d) In a proceeding involving competition between carriers of different modes of transportation subject to this subtitle, except rail carriers, the Commission, in determining whether a rate is less than a reasonable minimum rate, shall consider the facts and circumstances involved in moving the traffic by the mode of carrier to which the rate is applicable. Subject to the transportation policy of
(e) In a proceeding involving a proposed increase or decrease in rail carrier rates, the Commission shall specifically consider allegations that the increase or decrease would (1) change the rate relationships between commodities, ports, places, regions, areas, or other particular descriptions of traffic (without regard to previous Commission consideration or approval of those relationships), and (2) have a significant adverse effect on the competitive position of shippers or consignees served by the rail carrier proposing the increase or decrease. The Commission shall investigate to determine whether the change or effect violates this subtitle when it finds that those allegations are substantially supported on the record. The investigation may be made either before or after the proposed increase or decrease becomes effective and either in that proceeding or in another proceeding.
(f) The Commission may begin a proceeding under this section on its own initiative or on complaint. A complaint under subsection (a) of this section must be made under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10704(a)(1) | 49:15(1) (less words between 2d and 5th commas). | Feb. 4, 1887, ch. 104, §15(1), |
| 10704(a)(2) | 49:15a(1), (4). | Feb. 4, 1887, ch. 104, |
| 10704(b)(1) | 49:316(e) (2d sentence less words between 2d and 3d commas, 2d cl., and proviso). | Feb. 4, 1887, ch. 104, |
| 49:907(b) (less words between 2d and 3d commas). | Feb. 4, 1887, ch. 104, |
|
| 49:1006(b) (less words between 2d and 3d commas). | Feb. 4, 1887, ch. 104, |
|
| 10704(b) (2)–(4) | 49:15a(2). | |
| 49:316(i). | ||
| 49:907(f). | ||
| 49:1006(d). | ||
| 10704(c) | 49:318(b) (less 1st sentence words between 2d and 3d commas, and less 3d sentence). | Feb. 4, 1887, ch. 104, |
| 49:907(h) (less 1st sentence words between 2d and 3d commas, and less last sentence). | ||
| 10704(d) | 49:15a(3). | |
| 10704(e) | 49:15a(5). | |
| 10704(f) | 49:15(1) (words between 2d and 5th commas). | |
| 49:316(e) (2d sentence words between 2d and 3d commas). | ||
| 49:318(b) (1st sentence words between 2d and 3d commas and last sentence). | ||
| 49:907(b) (words between 2d and 3d commas), (h) (1st sentence words between 2d and 3d commas and last sentence). | ||
| 49:1006(b) (words between 2d and 3d commas). |
In this section, the text of 49:15a(1) is omitted as unnecessary in view of the definition of "rate" in section 10102 of the revised title and incorporation of the words "classification, rule, . . . practice" in the section. The word "rule" is substituted for "regulation" when referring to carriers for consistency. The words "individual and joint rate" are omitted as included in the word "rate".
In subsection (a)(1), the word "decides" is substituted for "is of the opinion" as being more appropriate. The word "demanded" is omitted as surplus. The word "transportation" is substituted for "the transportation of persons or property, as defined in
In subsection (a)(2), the words "for rail carriers" are substituted for "With respect to common carriers by railroad" for consistency. The words after the 2d comma and before the beginning parentheses in 49:15a(4) are omitted as executed. The word "maintain" is substituted for "and thereafter revise and maintain" to eliminate redundancy. The word "reasonable" is substituted for "fair, reasonable" as being inclusive. See the revision note to section 10101 of the revised title. The words "maintained at" are substituted for "be held up to" for clarity.
In subsection (b)(2), the words "after hearing" are omitted as unnecessary in view of subchapter II of
In subsection (c), the words "transportation policy of
In subsection (d), the words "maintained at" are substituted for "held up to" for clarity. The word "unreasonable" is substituted for "undue" for clarity. See the revision note to section 10101 of the revised title. The last sentence of 49:15a(3) is omitted as unnecessary in view of the restatement.
In subsection (e), the word "places" is substituted for "points" for consistency. The words "without regard to" are substituted for "whether or not" for clarity. The words "rail carrier" are substituted for "railroad" for clarity. The words "to determine whether the change or effect violates this subtitle" are substituted for "lawfulness of such change or effect" for consistency.
References in Text
The effective date of the Staggers Rail Act of 1980, referred to in subsec. (a)(3), (4), probably means Oct. 1, 1980, the general effective date of
Amendments
1986—Subsec. (b)(1)(C), (3), (4).
1982—Subsec. (b)(2)(B).
1980—Subsec. (a)(2).
Subsec. (a)(3), (4).
Subsec. (b)(2).
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§10705. Authority: through routes, joint classifications, rates, and divisions prescribed by Interstate Commerce Commission
(a)(1) The Interstate Commerce Commission may, and shall when it considers it desirable in the public interest, prescribe through routes, joint classifications, joint rates (including maximum or minimum rates or both), the division of joint rates, and the conditions under which those routes must be operated, for a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I, II (except a motor common carrier of property), or III of
(2) The Commission may require a rail carrier to include in a through route substantially less than the entire length of its railroad and any intermediate railroad operated with it under common management or control if that intermediate railroad lies between the terminals of the through route only when—
(A) required under
(B) one of the carriers is a water carrier;
(C) inclusion of those lines would make the through route unreasonably long when compared with a practicable alternative through route that could be established; or
(D) the Commission decides that the proposed through route is needed to provide adequate, and more efficient or economic, transportation.
The Commission shall give reasonable preference, subject to this subsection, to the rail carrier originating the traffic when prescribing through routes.
(3) The Commission may not prescribe—
(A) a through route, classification, practice, or rate between a street electric passenger railway not engaged in the general business of transporting freight in addition to its passenger and express business and (i) a rail carrier of a different character, or (ii) a water common carrier; or
(B) a through route or joint rate applicable to it to assist a participating carrier to meet its financial needs.
(b)(1) The Interstate Commerce Commission may, and shall when it considers it desirable in the public interest, prescribe through routes, joint classifications, joint rates (including maximum or minimum rates or both), the division of joint rates, and the conditions under which those routes must be operated, for a motor common carrier of property providing transportation subject to the jurisdiction of the Commission under subchapter II of
(2) The Commission may not require a motor common carrier of property, without its consent, to include in a through route substantially less than the entire length of its route and the route of any intermediate carrier which is operated in conjunction and under common management or control with such motor common carrier of property which lies between the termini of such proposed through routes (A) unless inclusion of such routes would make the through route unreasonably circuitous as compared with another practicable through route which could otherwise be established, or (B) unless the Commission finds that the through route proposed to be established is needed in order to provide adequate, more efficient, or more economic transportation. In prescribing through routes the Commission shall, so far as is consistent with the public interest, and subject to the preceding sentence, give reasonable preference to the carrier which originates the traffic.
(c) The Commission shall prescribe the division of joint rates to be received by a carrier providing transportation subject to its jurisdiction under
(1) the efficiency with which the carriers concerned are operated;
(2) the amount of revenue required by the carriers to pay their operating expenses and taxes and receive a fair return on the property held and used for transportation;
(3) the importance of the transportation to the public;
(4) whether a particular participating carrier is an originating, intermediate, or delivering line; and
(5) other circumstances that ordinarily, without regard to the mileage traveled, entitle one carrier to a different proportion of a rate than another carrier.
(d) If a division of a joint rate prescribed under a decision of the Commission is later found to violate
(e) When the Commission suspends, for investigation, a tariff of a rail carrier, water common carrier, or motor common carrier of property that would cancel a through route, joint rate, or classification without the consent of all carriers that are parties to it or without authorization of the Commission, the carrier proposing the cancellation has the burden of proving that cancellation is consistent with the public interest without regard to subsection (a)(2) of this section. In determining whether a cancellation involving a rail carrier is consistent with the public interest, the Commission shall, to the extent applicable—
(1) compare the distance traveled and the average transportation time and expense required using (A) the through route, and (B) alternative routes, between the places served by the through route;
(2) consider any reduction in energy consumption that may result from cancellation; and
(3) consider the overall impact of cancellation on the shippers and carriers that are affected by it.
(f)(1) The Commission may begin a proceeding under subsection (a) or (b) of this section on its own initiative or on complaint. The Commission must complete all evidentiary proceedings to adjust the division of joint rates for transportation by a rail carrier within 9 months after the complaint is filed if the proceeding is brought on complaint or within 18 months after the commencement of a proceeding on the initiative of the Commission. The Commission must take final action by the 180th day after completion of the evidentiary proceedings, except that—
(A) when the proceeding involves a railroad in reorganization or a contention that the divisions at issue do not cover the variable costs of handling the traffic, the Commission shall give the proceedings preference over all other proceedings and shall take final action at the earliest practicable time, which in no event may exceed 100 days after the completion of the evidentiary proceedings; and
(B) in all cases other than those specified in subparagraph (A) of this paragraph, the Commission may decide to extend such a proceeding to permit its fair and expeditious completion, but whenever the Commission decides to extend a proceeding pursuant to this clause, it must report its reasons to Congress.
(2) When a carrier begins a proceeding to adjust the division of joint rates for transportation by a rail carrier under this section by filing a complaint with the Commission, the carrier must also file all of the evidence in support of its position with the complaint and, during the course of the proceeding may only file rebuttal or reply evidence unless otherwise ordered by the Commission.
(3) When the Commission receives a notice of intent to begin a proceeding to adjust the division of joint rates for transportation by a rail carrier under this section, the Commission shall allow the party filing the notice the same right to discovery that a party would have on filing a complaint under this section.
(g) When there is a shortage of equipment, congestion of traffic, or other emergency declared by the Commission, it may prescribe temporary through routes that are desirable in the public interest on its own initiative or on application without regard to subsection (f) of this section, subchapter II of
(h) Any motor common carrier of property who is a party to a through route and joint rate, whether established by such carrier under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10705(a)(1) | 49:15(3) (1st sentence less words between 2d and 3d commas). | Feb. 4, 1887, ch. 104, §15(3), (4), (6), |
| 49:316(e) (2d sentence 2d cl. less words between 2d and 3d commas). | Feb. 4, 1887, ch. 104, |
|
| 49:907(d) (1st sentence less words between 2d and 3d commas, 2d sentence). | Feb. 4, 1887, ch. 104, |
|
| 10705(a)(2) | 49:15(4) (1st sentence). | |
| 10705(a)(3) | 49:15(3) (2d sentence), (4) (2d sentence). | |
| 49:907(d) (3d sentence). | ||
| 10705(b), (c) | 49:15(6)(a) (less words between 2d and 3d commas in 1st sentence). | |
| 49:316(f) (less words between 1st and 3d commas in 1st sentence). | ||
| 49:907(e) (less words between 1st and 2d commas in 1st sentence). | ||
| 10705(d) | 49:15(3) (less 1st and 2d sentences). | |
| 49:907(d) (less 1st, 2d, and 3d sentences). | ||
| 10705(e)(1) | 49:15(3) (1st sentence words between 2d and 3d commas), (6)(a) (1st sentence words between 2d and 3d commas), (b), (c). | |
| 49:316(e) (2d sentence words between 2d and 3d commas in 2d cl.), (f) (1st sentence words between 1st and 3d commas). | ||
| 49:907(d) (1st sentence words between 2d and 3d commas), (e) (1st sentence words between 1st and 2d commas). | ||
| 10705(e)(2) | 49:15(6)(d) (1st sentence). | |
| 10705(e)(3) | 49:15(6)(d) (less 1st sentence). | |
| 10705(f) | 49:15(4) (less 1st and 2d sentences). |
Throughout the section, the word "rates" is substituted for "rates, fares, or charges" in view of the definition of "rate" in section 10102 of the revised title. The words "of passengers or property" are omitted as surplus. The word "conditions" is substituted for "terms" and "conditions" to eliminate redundancy.
In subsection (a)(1), the words "In case of a through route" in 49:907(d) are omitted as surplus.
In subsection (a)(2), the words "In establishing any such through route" are omitted as unnecessary in view of the restatement. The words "required under
In subsection (b), the words "applicable to the transportation of passengers or property" are omitted as unnecessary in view of the restatement. The words "unjust, unreasonable, inequitable, or unduly preferential or prejudicial" are omitted as unnecessary in view of the cross reference to section 10701 of the revised subtitle in which the standards for division of joint rates are restated. The words "by order" are omitted as surplus. The words "just, reasonable and equitable" are omitted as unnecessary in view of section 10701 of the revised title. Also, see the revision note to section 10101 of the revised title. The word "traveled" is substituted for "haul" for clarity. The words "in accordance therewith" are omitted as surplus. The words "when prescribing" are substituted for "prescribing" and "determining" for consistency. The word "due" is omitted as surplus. The words "for transportation" are substituted for "in the service of transportation" for consistency. The words "among other things" are omitted as surplus.
In subsection (c), the word "retroactive" is substituted for "for the period subsequent" for clarity.
In subsection (d), the word "tariff" is substituted for "tariff or schedule" for consistency and in view of the definition of "tariff" in section 10102 of the revised title. The word "involving" is substituted for "With respect to" as being more appropriate. The words "proposed cancellation" are omitted as being included in "cancellation". The word "places" is substituted for "points" as being more appropriate.
In subsection (e)(1), the words "full hearing" are substituted for "hearing" in 49:316(f) (1st sentence words between 1st and 3d commas) 907(e) (1st sentence words between 1st and 2d commas) for consistency. The words "The Commission may decide to extend" are substituted for "unless the Commission finds that . . . must be extended" in 49:15(6)(c) for clarity. The words "shall issue" in 49:15(6)(c) are omitted as surplus. The 1st sentence of 49:15(6)(b) is omitted as executed. The words "must take final action by the 270th day after completion of the evidentiary proceedings" are substituted for "shall issue a final order . . . within 270 days after the submission to the Commission of a case" for clarity. See, report of the committee of conference on S. 2718 (S. Rep. 94–595), pages 144–145.
In subsection (e)(2) and (3), the words "whether prescribed by the Commission or otherwise established" are omitted as surplus. The words "also file . . . with the complaint" are substituted for "attach thereto" as being more appropriate. The word "allow" is substituted for "accord" for clarity.
In subsection (f), the word "When" is substituted for "In time of" for clarity. The cross reference to subchapter II of
Amendments
1983—Subsec. (c).
1980—Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f)(1).
Subsec. (g).
Subsec. (h).
Effective Date of 1980 Amendment
Amendment by section 218(a) of
Section Referred to in Other Sections
This section is referred to in
§10705a. Joint rate surcharges and cancellations
(a)(1)(A) Except as provided in subparagraph (B) of this paragraph, a rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(B) A carrier earning adequate revenues, as determined under
(C) Any surcharge applied pursuant to this subsection must be applied in equal dollar amounts to the movement subject to the surcharge over all routes between the points designated by the surcharging carrier which such carrier participates in under the joint rate involved, and when the surcharge increases the through charges, under any of such carrier's single line rates between the same points.
(2)(A) Whenever a rail carrier applies a surcharge increasing a through charge pursuant to paragraph (1) of this subsection, any other rail carrier that participates in any movement subject to such surcharge may cancel the application of such surcharge to any route participated in by such other carrier, if such carrier makes the demonstration described in subparagraph (B) of this paragraph.
(B) A rail carrier may cancel the application of a surcharge under this paragraph if such carrier demonstrates to the Commission that the surcharging carrier's share of the revenues, at the time the surcharge was filed with the Commission, from its participation in the movement over the route involved would have been equal to or greater than 110 percent of its variable costs of providing service over such route, under either—
(i) the applicable joint rate in effect at the time the surcharge was filed with the Commission, without the surcharge;
(ii) a new rate division increasing the share of the surcharging carrier;
(iii) a new higher lawful rate published by the canceling carrier; or
(iv) a new, lesser surcharge which shall be prescribed by the Commission upon and in conformity with the request of the carrier proposing to cancel the surcharge. Any such prescribed surcharge shall, in conjunction with the surcharging carrier's division of the joint rate in effect on the date the original surcharge was filed with the Commission, provide the carrier proposing the original surcharge revenues equal to or greater than 110 percent of such surcharging carrier's variable cost of providing service over such route.
(C)(i) The canceling tariff shall only become effective if the rail carrier proposing to cancel the application of the surcharge makes the demonstration described in subparagraph (B) of this paragraph.
(ii) If the demonstration described in clause (i) of this subparagraph is made on the basis of the applicable joint rate in effect at the time the surcharge was filed with the Commission, without the surcharge, the tariff shall become effective on one day's notice after such determination is made.
(iii) If the demonstration described in clause (i) of this subparagraph is made on the basis of a new rate, division, or surcharge prescribed pursuant to subparagraph (B)(iv) of this paragraph, the tariff shall become effective on the date such new rate, division, or surcharge becomes effective.
(D) The remedy available to a rail carrier canceling the application of a surcharge under this paragraph shall be in addition to any other remedy available to such carrier under this chapter.
(3)(A) The Commission may cancel the application of a surcharge to a route to which such surcharge applies if a shipper moving traffic over such route demonstrates to the Commission that—
(i) there is no competitive alternative to such route for the movement of the traffic involved that is not subject to such surcharge; and
(ii) the surcharging carrier's share of the revenues from its participation in the movement over the route to which such surcharge applies, under the applicable joint rate in effect at the time the surcharge was filed with the Commission, with the surcharge, would be greater than 110 percent of its variable cost of providing service over such route.
(B) If the Commission cancels the application of a surcharge to a particular route pursuant to subparagraph (A) of this paragraph, the Commission shall determine the level of surcharge which, in conjunction with the surcharging carrier's division of the joint rate in effect at the time the surcharge was filed with the Commission, would equal 110 percent of the surcharging carrier's variable cost of providing service over such route, and shall authorize such carrier immediately to apply such a surcharge without any further proceedings under this subsection.
(4) A rail carrier may not apply a surcharge under this subsection unless, for the one-year period preceding the surcharge, such carrier has concurred in all rate increases of general applicability applicable to the joint rate to which such surcharge applies and agreed to by all other carriers that are party to such joint rate.
(5) A rail carrier may not apply a surcharge under this subsection increasing a through charge applicable to a particular movement more than once each calendar year.
(6) Notwithstanding any other provision of this subsection, a rail carrier may, by tariff, reduce the total charges applicable to a movement over any specific joint line or single line route or routes in which such carrier participates, if such reduction does not lower the total charges applicable to such movement to a level that is less than the lowest total charges applicable to the same movement over a competing route. Any such reduction may be made without the concurrence of any other rail carrier, and shall be borne solely by the carrier reducing the charge. Nothing in this paragraph shall be construed to limit the right of a carrier to reduce rates over routes not in direct competition between the same points with routes to which it has applied a surcharge.
(b)(1) Notwithstanding subsection (a) of this section—
(A) a rail carrier not earning adequate revenues, as determined under
(B) a rail carrier earning adequate revenues, as so determined, may publish and apply a surcharge applicable to traffic originating or terminating upon any of its lines that carried less than 1,000,000 gross ton miles of traffic per mile in such most recent calendar year.
Such a surcharge may be applied without the concurrence of any rail carrier. Any such surcharge may be allocated, subject to the provisions of paragraph (4) of this subsection, in different amounts among different movements between different origins and destinations, and shall accrue solely to the surcharging carrier.
(2) A rail carrier may apply a surcharge under this subsection if, prior to the application of such surcharge, that portion of the charges applicable to traffic to and from the line to which the surcharge applies and accruing to the surcharging carrier does not provide such carrier revenues adequate to cover—
(A) 110 percent of such carrier's variable cost of transporting the traffic involved to or from such line; plus
(B) 100 percent of such carrier's reasonably expected costs of continuing to operate such line, which shall include all costs necessary to sustain service on the line.
The Commission shall, within 120 days after the effective date of the Staggers Rail Act of 1980, complete a proceeding to define the term "reasonably expected costs" as used in subparagraph (B) of this paragraph. In the interim, the term shall be construed in accordance with Rail Services Planning Office subsidy standards.
(3)(A) Upon petition of a shipper located upon a line to which a surcharge under this subsection is applied, the Commission may cancel the application of a surcharge under this subsection if such shipper demonstrates to the Commission that, after application of the surcharge, the surcharging carrier's revenues from all traffic originating or terminating upon the line to which the surcharge applies exceed 110 percent of such carrier's variable cost of transporting all traffic to or from such line plus such carrier's reasonably expected costs of continuing to operate such line.
(B)(i) A rail carrier's revenue from all traffic originating or terminating upon a line shall be presumed to exceed 110 percent of its variable cost of transporting all traffic to or from such line plus its reasonably expected costs of continuing to operate such line if the complaining shipper demonstrates that the carrier is earning revenues from all traffic originating or terminating upon such line that result in a revenue-variable cost percentage that is equal to or greater than the revenue-variable cost percentage applicable in that year under
(ii) A surcharging carrier may rebut the presumption set forth in clause (i) of this subparagraph by demonstrating to the Commission that its reasonably expected costs for operating the line to which the surcharge applies exceed the percentage of variable cost set forth in such clause (i).
(C) Upon a finding by the Commission that application of the surcharge will produce revenues in excess of 110 percent of the surcharging carrier's variable cost of transporting traffic to or from the line plus its reasonably expected costs for operating the line, the Commission shall determine the level of surcharge which would produce revenues equal to such figure and shall authorize such carrier immediately to apply such surcharges as will generate such revenues without any further proceedings, subject only to the right of a shipper to proceed under paragraph (4) of this subsection.
(4)(A) A rail carrier may not apply a surcharge under this subsection that results in any shipper being required to bear more than a reasonable proportion of the reasonably expected costs of continuing to operate the line to which such surcharge applies.
(B) Upon complaint of a shipper, the Commission shall determine whether the shipper is being required to bear more than a reasonable proportion of the costs described in subparagraph (A) of this paragraph.
(C) If the Commission finds that a complaining shipper is being required to bear more than a reasonable proportion of the costs described in subparagraph (A) of this paragraph, the Commission may reallocate the surcharge among the traffic originating or terminating on the line to which the surcharge applies, but may not order relief which would result in the surcharging carrier earning revenues less than those which the carrier would have earned had the surcharge been applied as filed.
(5) A shipper may, in a single complaint, seek relief under paragraphs (3) and (4) of this subsection. In any such complaint, the Commission shall first determine the right to relief under paragraph (3) and shall grant such relief as is appropriate under such paragraph.
(6) In any proceeding brought before the Commission challenging the application or amount of a surcharge under this subsection, whether the surcharge is claimed to violate this subsection or some other provision of this chapter, the Commission shall not suspend the application of any such surcharge unless the person filing the verified statement required by
(c)(1) Notwithstanding any other provision of this title, any prior agreement in effect on the effective date of the Staggers Rail Act of 1980, or any requirement of the Commission, a rail carrier may cancel the application of a joint rate to a through route in which it participates, without the concurrence of any other rail carrier that is a party to such joint rate, unless another rail carrier that participates in such through route or a shipper that has no competitive alternative to such route makes the demonstration described in paragraph (2) of this subsection.
(2) The application of a joint rate to a through route may not be canceled under this subsection if a rail carrier that participates in such through route or a shipper that has no competitive alternative to such route from an origin or destination served by such route demonstrates to the Commission that the canceling carrier's share of the revenues, under the joint rate in effect at the time the application of the joint rate is canceled, is equal to or greater than—
(A) 110 percent of the canceling carrier's variable cost of providing service over such route; or
(B) such lesser percent of the canceling carrier's variable cost as such carrier earns over a competing through route to which application of the joint rate has not been canceled, or over a competing single line route.
(3) When a complaining party is unable to make the demonstration required by paragraph (2) of this subsection, the Commission may suspend the tariff canceling the joint rate only if—
(A) a complaining carrier publishes a new rate division or a new higher lawful rate which increases the canceling carrier's share of the revenues over such route to the amount calculated under paragraph (2)(A) or (2)(B) of this subsection, whichever is less; or
(B) a complaining carrier or shipper petitions the Commission and the Commission imposes a surcharge, in conformity with such petition, upon the joint rate which will accrue solely to the canceling carrier and which, in conjunction with the canceling carrier's division of the joint rate in effect on the date the tariff canceling the joint rate was filed, will provide the canceling carrier revenues equal to or greater than 110 percent of its variable cost of providing service over such route.
Unless a new rate, division, or surcharge described in this paragraph becomes effective within 120 days after the proposed effective date of the rate cancellation, the canceling tariff shall, nevertheless, become effective.
(4) If the demonstration described in paragraph (2) is made or a new rate, division, or surcharge described in paragraph (3) becomes effective, the tariff canceling the joint rate shall be considered by the Commission in accordance with
(5) Whenever the application of a joint rate to a through route is canceled under this subsection and a rate other than a joint rate is or has been published by the canceling carrier to apply to such route, such rate shall thereafter apply in lieu of all other rates (except joint rates subsequently agreed to by such carrier) and any through rate of which such rate is a factor shall divide as the separate factors of such rate are made.
(6) Nothing in this subsection shall be construed to limit the authority of the Commission under
(d)(1) Except as provided in paragraph (2) of this subsection, any increase or decrease in revenue resulting from the application of a surcharge under subsection (a) of this section, or from the cancellation of the application of a joint rate under subsection (c) of this section, shall accrue solely to or be borne solely by the carrier applying the surcharge or canceling the application of the joint rate, as the case may be.
(2) Whenever a class III rail carrier which participates in a through route to which a surcharge has been applied under subsection (a) of this section by a carrier operating in the same rate territory as such class III carrier demonstrates to the Commission that the application of such surcharge to such route provides, in the absence of any increase in the joint rate in effect on the date the surcharge was filed with the Commission, revenues from traffic moving over such route to such surcharging carrier in excess of 110 percent of its variable costs over such route, such surcharging carrier shall, from the date of such demonstration, share those revenues from such route, from the surcharge and the applicable joint rate in effect on the date the surcharge was filed with the Commission, in excess of 110 percent of its variable costs with all class III rail carriers in the same rate territory participating in such route, on the basis of their existing divisions of the joint rate to which the surcharge applies.
(e)(1) Except as provided in paragraph (2) of this subsection, whenever a rail carrier proposes to apply a surcharge under subsection (a) of this section or to cancel the application of a joint rate under subsection (c) of this section and another rail carrier subsequently agrees to a new rate division or a new lawful rate that increases the surcharging or canceling carrier's share of the total through charges for a movement over a particular through route subject to a joint rate, such other rail carrier shall also agree to any other new rate division and new lawful rate—
(A) that is proposed within 120 days after the date of the first agreement; and
(B) that increases the surcharging or canceling carrier's share of the total through charges for movements over a competing through route subject to such joint rate.
(2) A rail carrier shall not be required to agree under this subsection to any proposed new division or new rate which would—
(A) reduce such carrier's share of the total through charges for a movement over any through route to less than (i) 110 percent of its variable costs of providing service over such route, or (ii) such lesser percent of its variable costs as such carrier earns from such movement over a competing through route with respect to which such carrier has agreed to a new division or rate;
(B) increase the surcharging or canceling carrier's share of the total through charges for a movement over any through route to an amount in excess of 110 percent of its variable costs of providing service over such route;
(C) reduce such carrier's share of the total through charges for a movement over any through route by a dollar amount in excess of the greatest dollar reduction which such carrier has agreed to make, for purposes of increasing the surcharging or canceling carrier's share, to its share of the total through charges for a movement over any competing through route; or
(D) reduce such carrier's share of the total through charges for a movement over any through route in an amount in excess of such carrier's pro rata share (based on established divisions for movements over such route) of the increase of the surcharging or canceling carrier's share of the total through charges for movements over such route.
(f) A rail carrier applying a surcharge or canceling the application of a joint rate under this section shall file a tariff with the Commission in accordance with
(g)(1) Any rail rate to which a surcharge is applied under this section shall be subject to
(2) For purposes of rate regulation under
(A) only the rail carrier proposing a surcharge under this section shall be required to defend such surcharge; and
(B) the reasonableness of the surcharge and the revenues received by the rail carrier proposing the surcharge under the joint rate to which the surcharge applies shall be determined without regard to amount received and services performed by other rail carriers that are party to such joint rate.
(3) Except as provided in subsection (i), (j), or (k) of this section, if the application of a surcharge or the cancellation of the application of a joint rate under this section is found to constitute a violation of any provision of this subtitle, such violation shall not be ordered remedied in any manner which—
(A) requires the carrier applying a surcharge under subsection (a) of this section or canceling the application of a joint rate under subsection (c) of this section to provide service over any route under a rate that provides revenues to such carrier that are less than 110 percent of its variable costs of providing such service; or
(B) which requires the carrier applying a surcharge under subsection (b) of this section to provide service over the route to which such surcharge applies in a manner that provides revenues to such carrier that are less than 110 percent of such carrier's variable cost of transporting the traffic involved to or from the line to which the surcharge applies, plus such carrier's reasonably expected costs of providing service over such line.
(h) Within 5 days after the request of a rail carrier participating in a joint rate subject to a surcharge or cancellation under this section, a shipper moving traffic over a route to which such surcharge or cancellation applies, or an affected port, the Commission shall make available to such carrier, shipper, or port the Commission's determination of the variable costs and revenues, over the route or routes to which the surcharge or cancellation applies, of the carrier applying the surcharge or canceling the application of the joint rate.
(i)(1) Whenever a class III rail carrier, in a protest filed with the Commission, makes a prima facie showing that the application of a surcharge under subsection (a) of this section or the cancellation of the application of a joint rate under subsection (c) of this section will have an adverse effect on competition, the Commission shall investigate such protest. If, on the basis of such investigation, the Commission finds that the protested surcharge or cancellation is or is intended to be anticompetitive, the Commission shall, within 30 days after the date such protest is filed, enter an order rescinding such surcharge or cancellation, and may, on presentation of an adequate record, prescribe new joint rates or divisions of joint rates.
(2) No order prescribed under this subsection shall require a carrier to provide service over any route under a rate which provides revenues less than 110 percent of the variable cost of providing such service unless the Commission determines that the public interest requires a lesser revenue to variable cost ratio to avoid anticompetitive action and to preserve service on the route involved.
(j)(1) Any class III rail carrier which originates or terminates traffic subject to the application of a surcharge under subsection (a) of this section or the cancellation of the application of a joint rate under subsection (c) of this section may protest such surcharge or cancellation whenever—
(A) such surcharge or cancellation affects the sole remaining route available to that carrier for that traffic; and
(B)(i) such carrier demonstrates that alternative transportation is available or that a shipper dependent on that carrier will suffer significant market loss because of such surcharge or cancellation; or
(ii) such surcharge or cancellation, alone or when considered in conjunction with other surcharges or cancellations affecting the carrier, is likely to unduly impair a carrier's ability to earn an adequate rate of return.
(2)(A) The Commission may, after an investigation on the basis of a protest under this subsection, prescribe a lesser surcharge or a different division of the joint rate. The Commission shall grant the surcharging or canceling carrier revenues not less than 110 percent of its variable cost of the movement involved, unless it determines that the public interest requires a lesser revenue to variable cost ratio to preserve service on the route involved. Any action by the Commission based on a protest under this subsection shall be taken within 30 days after the date such protest is filed.
(B) If the Commission prescribes a different division of a joint rate under this paragraph, the Commission shall, upon petition of the surcharging or canceling carrier or the protesting class III rail carrier, reopen the proceeding in which such division was prescribed to reconsider whether such prescribed division is reasonable. If, on the basis of such reconsideration, the Commission determines that such division is not reasonable, it shall prescribe a new, reasonable division of the joint rate to which the surcharge or cancellation applied.
(k)(1) Upon the complaint of a class III rail carrier which originates or terminates traffic subject to the application of a surcharge under subsection (a) of this section or the cancellation of the application of a joint rate under subsection (c) of this section that such surcharge or cancellation will result in differences or greater differences in rates, including any surcharges, for the traffic to which the surcharge or cancellation applies over different routes in which the surcharging or canceling carrier participates—
(A) from a single origin point to destination points within a 75 mile direct radius from the destination point on such class III rail carrier; or
(B) to a single destination point from origin points within a 75 mile direct radius from the origin point on such class III rail carrier,
the Commission shall investigate such complaint and shall, within 30 days after the date such complaint is filed, take such actions, including rescinding surcharges or cancellations or prescribing new joint rates or surcharges, as it determines are required to eliminate such differences in rates, unless it finds that such actions are not warranted by the public interest in ensuring effective competition among rail carriers or in the preservation of rail service on the route involved.
(2) No action taken by the Commission under this subsection shall require a carrier to provide service over any route under a rate which provides a revenue to variable cost ratio over such route less than that provided under the joint rate to which the surcharge or cancellation was applied or less than 110 percent, whichever is greater, unless the Commission determines that the public interest in ensuring effective competition among rail carriers or in preserving service over such route warrants requiring the surcharging or canceling carrier to provide service at a lesser revenue to variable cost ratio.
(3) Notwithstanding subsection (m)(1) of this section, if, in a proceeding under this subsection or under subsection (i) or (j) of this section, the Commission considers whether to require the revenues of a carrier applying a surcharge under subsection (a) of this section or canceling the application of a joint rate under subsection (c) of this section to be less than 110 percent of its variable costs (as calculated using the Commission's Rail Form A cost finding methodology), such surcharging or canceling carrier may prove its actual variable costs on the basis of evidence other than unadjusted costs calculated using such Rail Form A cost finding methodology. Such evidence shall be prepared in accordance with generally accepted accounting principles.
(l) Whenever the application of a joint rate to a through route is canceled under subsection (c) of this section, the Commission shall, upon petition by a class II or III rail carrier participating in such route, prescribe a new compensatory through rate or rates over such route within 30 days after the date such petition is filed.
(m) For purposes of this section—
(1) variable costs for a class I rail carrier shall be determined only by using such carrier's unadjusted costs, calculated using the Commission's Rail Form A cost finding methodology (or an alternative methodology adopted by the Commission in lieu thereof) and indexed quarterly to account for current wage and price levels in the region in which the carrier operates;
(2) variable costs for a rail carrier other than class I shall be presumed to be the average variable costs of all class I rail carriers in the region in which such carrier operates (as determined under paragraph (1) of this subsection) unless a rail carrier rebuts such presumption with other proof of variable costs; and
(3) at the option of a carrier applying a surcharge or canceling the application of a joint rate under this section, revenue share may be determined by reference to past revenue settlements actually made in the most recent calendar year by connecting lines.
(n) Surcharges applied under subsection (a) or (c) of this section and cancellations under subsection (c) of this section shall not be subject to the provisions of
(o) The Special Counsel of the Commission may, consistent with the rail transportation policy in
(p)(1) The authority to apply a surcharge under subsection (a) of this section, and (except as provided in paragraph (2)) the authority to cancel such a surcharge, shall expire 3 years after the effective date of the Staggers Rail Act of 1980 unless extended for one additional year by the Commission upon petition of any rail carrier and for good cause shown.
(2) Any surcharge lawfully applied under subsection (a) of this section shall remain in effect in accordance with its terms following the expiration of the provisions of this section. Any such surcharge applied during the 45-day period immediately preceding the date of the expiration of the provisions of this section shall, notwithstanding such expiration, be subject to cancellation under subsection (a)(2) or (a)(3) of this section during the 45-day period beginning on the date such surcharge is applied.
(Added
References in Text
The effective date of the Staggers Rail Act of 1980, referred to in subsecs. (b)(2), (c)(1), and (p)(1), probably means Oct. 1, 1980, the general effective date of
Amendments
1994—Subsec. (g)(3).
Subsec. (g)(3)(A).
Effective Date
Section effective Oct. 1, 1980, see section 710(a) of
Classification of Rail Carriers
Section 217(b) of
Adequacy in Addressing Joint Rate Problems of Rail Carriers; Report to Congress
Section 217(c)(2) of
Section Referred to in Other Sections
This section is referred to in
§10706. Rate agreements: exemption from antitrust laws
(a)(1) In this subsection—
(A) "affiliate" means a person controlling, controlled by, or under common control or ownership with another person and "ownership" refers to equity holdings in a business entity of at least 5 percent.
(B) "single-line rate" refers to a rate or allowance proposed by a single rail carrier that is applicable only over its line and for which the transportation (exclusive of terminal services by switching, drayage or other terminal carriers or agencies) can be provided by that carrier.
(C) "practicably participates in that movement" shall have such meaning as the Commission shall by regulation prescribe.
(2)(A) A rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(B) The Commission may approve an agreement under subparagraph (A) of this paragraph only when the carriers applying for approval file a verified statement with the Commission. Each statement must specify for each rail carrier that is a party to the agreement—
(i) the name of the carrier;
(ii) the mailing address and telephone number of its headquarter's office; and
(iii) the names of each of its affiliates and the names, addresses, and affiliates of each of its officers and directors and of each person, together with an affiliate, owning or controlling any debt, equity, or security interest in it having a value of at least $1,000,000.
(3)(A) An organization established or continued under an agreement approved under this subsection shall make a final disposition of a rule or rate docketed with it by the 120th day after the proposal is docketed. Such an organization may not—
(i) permit a rail carrier to discuss, to participate in agreements related to, or to vote on single line rates proposed by another rail carrier, except that for purposes of general rate increases and broad tariff changes only, if the Commission finds at any time that the implementation of this clause is not feasible, it may delay or suspend such implementation in whole or in part;
(ii) permit a rail carrier to discuss, to participate in agreements related to, or to vote on rates related to a particular interline movement unless that rail carrier practicably participates in that movement; or
(iii) if there are interline movements over two or more routes between the same end points, permit a carrier to discuss, to participate in agreements related to, or to vote on rates except with a carrier which forms part of a particular single route. This clause shall take effect on January 1, 1984, or on such earlier date as the Commission determines. If the Commission finds at any time that the implementation of this clause is not feasible, it may delay or suspend such implementation in whole or in part.
(B) Until January 1, 1984, subparagraph (A)(ii) and (A)(iii) of this paragraph do not apply to—
(i) general rate increases to cover inflationary cost increases, or general rate decreases, for joint rates if the agreement gives shippers, under specified procedures, at least 15 days notice of the proposal and an opportunity to present comments on it before a tariff containing the increases or decreases is filed with the Commission; or
(ii) broad tariff changes that are of at least substantially general application throughout the area where the changes will apply, except single line rates where subparagraph (A)(i) of this paragraph prohibits the participation of carriers with single line rates.
If the Commission finds at any time that the implementation of this subparagraph is not feasible, it may delay or suspend such implementation in whole or in part.
(C)(i) In any proceeding in which a party alleges that a rail carrier voted or agreed on a rate or allowance in violation of this subsection, that party has the burden of showing that the vote or agreement occurred. A showing of parallel behavior does not satisfy that burden by itself.
(ii) In any proceeding in which it is alleged that a carrier was a party to an agreement, conspiracy, or combination in violation of a Federal law cited in subsection (a)(2)(A) of this section or of any similar State law, proof of an agreement, conspiracy, or combination may not be inferred from evidence that two or more carriers acted together with respect to an interline rate or related matter and that a party to such action took similar action with respect to a rate or related matter on another route or traffic. In any proceeding in which such a violation is alleged, evidence of a discussion or agreement between or among such carrier and one or more other carriers, or of any rate or other action resulting from such discussion or agreement, shall not be admissible if the discussion or agreement—
(I) was in accordance with an agreement approved under paragraph (2) of this subsection; or
(II) concerned an interline movement of the carrier, and the discussion or agreement would not, considered by itself, violate the laws referred to in the first sentence of this clause.
In any proceeding before a jury, the court shall determine whether the requirements of clause (I) or (II) are satisfied before allowing the introduction of any such evidence.
(D) An organization described in subparagraph (A) of this paragraph shall provide that transcripts or sound recordings be made of all meetings, that records of votes be made, and that such transcripts or recordings and voting records be submitted to the Commission and made available to other Federal agencies in connection with their statutory responsibilities over rate bureaus, except that such material shall be kept confidential and shall not be subject to disclosure under
(4) Notwithstanding any other provision of this subsection, one or more rail carriers may enter into an agreement, without obtaining prior Commission approval, that provides solely for compilation, publication, and other distribution of rates in effect or to become effective. The Sherman Act (
(5)(A) Whenever two or more shippers enter into an agreement to discuss among themselves that relates to the amount of compensation such shippers propose to be paid by rail carriers providing transportation subject to the jurisdiction of the Commission under subchapter I of
(B) If the Commission approves an agreement described in subparagraph (A) of this paragraph and the shippers entering into such agreement and the rail carriers proposing to use rolling stock owned or leased by such shippers, under payment by such carriers or under a published allowance, are unable to agree upon the amount of compensation to be paid for the use of such rolling stock, any party directly involved in the negotiations may require that the matter be settled by submitting the issues in dispute to the Commission. The Commission shall render a binding decision, based upon a standard of reasonableness and after taking into consideration any past precedents on the subject matter of the negotiations, no later than 90 days after the date of the submission of the dispute to the Commission.
(C) Nothing in this paragraph shall be construed to change the law in effect prior to the effective date of the Staggers Rail Act of 1980 with respect to the obligation of rail carriers to utilize rolling stock owned or leased by shippers.
(b)(1) In this subsection, "single-line rate" refers to a rate, charge, or allowance proposed by a single motor common carrier that is applicable only over its line and for which the transportation can be provided by that carrier.
(2) As provided by this subsection, a motor common carrier providing transportation or service subject to the jurisdiction of the Commission under subchapter II of
(3) Agreements submitted to the Commission under this subsection may be approved by the Commission only if each of the following conditions are met:
(A) Each carrier which is a party to an agreement must file with the Commission a verified statement that specifies its name, mailing address, and telephone number of its main office; the names of each of its affiliates; the names, addresses, and affiliates of each of its officers and directors; the names, addresses, and affiliates of each person, together with an affiliate, owning or controlling any debt, equity, or security interest in it having a value of at least $1,000,000. In this subparagraph, "affiliate" means a person controlling, controlled by, or under common control or ownership with another person and "ownership" means equity holdings in a business entity of at least 5 percent.
(B) Any organization established or continued under an agreement approved under this subsection must comply with the following requirements:
(i) subject to the provisions of subparagraphs (C), (D), (E), and (F) of this paragraph, (I) the organization may allow any member carrier to discuss any rate proposal docketed, but (II) after January 1, 1981, only those carriers with authority to participate in the transportation to which the rate proposal applies may vote upon such rate proposal;
(ii) the organization may not interfere with each carrier's right of independent action and may not change or cancel any rate established by independent action after the date of enactment of this subsection, other than a general increase or broad rate restructuring, except that changes in such rates may be effected, with the consent of the carrier or carriers that initiated the independent action, for the purpose of tariff simplification, removal of discrimination, or elimination of obsolete items;
(iii) the organization may not file a protest or complaint with the Commission against any tariff item published by or for the account of any motor carrier;
(iv) the organization may not permit one of its employees or any employee committee to docket or act upon any proposal effecting a change in any tariff item published by or for the account of any of its member carriers;
(v) upon request, the organization must divulge to any person the name of the proponent of a rule or rate docketed with it, must admit any person to any meeting at which rates or rules will be discussed or voted upon, and must divulge to any person the vote cast by any member carrier on any proposal before the organization;
(vi) the organization may not allow a carrier to vote for one or more other carriers without specific written authority from the carrier being represented; and
(vii) the organization shall make a final disposition of a rule or rate docketed with it by the 120th day after the proposal is docketed, except that if unusual circumstances require, the organization may extend such period, subject to review by the Commission.
(C) No agreement approved under this subsection may provide for discussion of or voting on rates to which the provisions of
(D) No agreement approved under this subsection may provide for discussion of or voting upon single-line rates on or after January 1, 1984, except that such date shall be July 1, 1984, if the Motor Carrier Ratemaking Study Commission does not submit its final report under section 14(b)(4) of the Motor Carrier Act of 1980 on or before January 1, 1983. This subparagraph shall not apply to any single-line rate proposed by a motor common carrier of passengers. This subparagraph and subparagraph (B)(i)(II) of this paragraph shall not apply to the following:
(i) general rate increases or decreases if the agreement gives shippers, under specified procedures, at least 15 days' notice of the proposal and an opportunity to present comments on it before a tariff containing the increases or decreases is filed with the Commission and if discussion of such increases or decreases is limited to industry average carrier costs and, after the date of elimination of the antitrust immunity by this subparagraph, does not include discussion of individual markets or particular single-line rates;
(ii) changes in commodity classifications;
(iii) changes in tariff structures if discussion of such changes is limited to industry average carrier costs and, after the date of elimination of antitrust immunity by this subparagraph, does not include discussion of individual markets or particular single-line rates;
(iv) publishing of tariffs, filing of independent actions for individual members carriers, providing of support services for members, and changes in rules or regulations which are of at least substantially general application throughout the area in which such changes will apply.
(E) On and after January 1, 1983, no agreement approved under this subsection may provide for discussion of or voting upon any single-line rate proposed by a motor common carrier of passengers. On and after January 1, 1984, no agreement approved under this subsection may provide for discussion of or voting upon any joint rate proposed by one or more motor common carriers of passengers. This subparagraph shall not apply to any rate applicable to special or charter transportation. This subparagraph and subparagraph (B)(i)(II) of this paragraph shall not apply to the following:
(i) any general rate increase or decrease, broad change in tariff structure, or promotional or innovative fare change, as defined by the Commission and subject to such notice requirements as the Commission may specify by regulation, if discussion of such general increase or decrease is limited to industry average carrier costs and intermodal competitive factors and does not include discussion of individual markets or particular single-line rates or joint rates; and
(ii) publishing of tariffs, filing of independent actions for individual member carriers, providing of support services for members, and changes in rules or regulations which are of at least substantially general application throughout the area in which such changes will apply.
(F) After the effective date of this subparagraph, no agreement approved under this subsection may provide for discussion of or voting upon any rate applicable to special or charter transportation proposed by a motor common carrier of passengers. This subparagraph shall not apply to publication of any such rate.
(G) In any proceeding in which a party to such proceeding alleges that a carrier voted, discussed, or agreed on a rate or allowance in violation of this subsection, that party has the burden of showing that the vote, discussion, or agreement occurred. A showing of parallel behavior does not satisfy that burden by itself.
(H) The Commission shall, by regulation, determine reasonable quorum standards to be applied for meetings of organizations established or continued under an agreement approved under this subsection.
(4) Notwithstanding any other provision of this subtitle, before the date on which the antitrust immunity is eliminated for discussion of or voting on single-line rates by paragraph (3)(D) of this subsection, the Commission may not take any action which would, on the basis of the type of carrier service involved (including service by carriers singly or in combination with other carriers), result in the exclusion of one or more motor common carriers of property from discussion or voting under agreements authorized by this subsection on matters concerning rates, allowances, classifications, or divisions, except that before such date, the Commission may issue regulations which take effect on or after such date to carry out the provisions of such paragraph.
(5) Notwithstanding any other provision of this subtitle (other than paragraph (3)(F) of this subsection, relating to special and charter transportation of passengers), before January 1, 1983, the Commission may not take any action which would, on the basis of the type of carrier service involved (including service by carriers singly or in combination with other carriers), result in the exclusion of one or more motor common carriers of passengers from discussion or voting under agreements authorized by this subsection on matters concerning rates, allowances, or divisions, except that before January 1, 1983, the Commission may issue regulations which take effect on or after January 1, 1983, to carry out the provisions of paragraph (3)(E) of this subsection.
(c) A common carrier providing transportation or service subject to the jurisdiction of the Commission under
(d)(1) In this subsection, carriers are classified as follows:
(A) Rail, express, and sleeping car carriers are a class.
(B) Pipeline carriers are a class.
(C) Motor carriers are a class.
(D) Water carriers are a class.
(E) Household goods freight forwarders are a class.
(2) The Commission may not approve an agreement under this section—
(A) between or among carriers of different classes unless, in addition to the finding required under subsection (a), (b), or (c) of this section, the Commission finds that the agreement is limited to matters related to transportation under joint rates or over through routes;
(B) related to a pooling, division, or other matter to which subchapter III of
(C) establishing a procedure for determination of a matter through joint consideration unless the Commission finds that each party to the agreement has the absolute right under it to take independent action before or after a determination is made under that procedure.
(e) The Commission may require an organization established or continued under an agreement approved under this section to maintain records and submit reports. The Commission, or its delegate, may inspect a record maintained under this section.
(f) The Commission may review an agreement approved under subsection (a), (b), or (c) of this section and shall change the conditions of approval or terminate it when necessary to comply with (1) the public interest and subsection (a), or (2) subsection (b) or (c). The Commission shall postpone the effective date of a change of an agreement under this subsection for whatever period it determines to be reasonably necessary to avoid unreasonably hardship.
(g) The Commission may begin a proceeding under this section on its own initiative or on application. Action of the Commission under this section (1) approving an agreement, (2) denying, ending, or changing approval, (3) prescribing the conditions on which approval is granted, or (4) changing those conditions, has effect only as related to application of the antitrust laws referred to in subsection (a), (b), or (c) of this section.
(h) The Commission shall review each agreement approved under subsection (a) of this section periodically, but at least once every 3 years (1) to determine whether the agreement or an organization established or continued under one of those agreements still complies with the requirements of that subsection and the public interest, and (2) to evaluate the success and effect of that agreement or organization on the consuming public and the national rail freight transportation system. If the Commission finds that an agreement or organization does not conform to the requirements of that subsection, it shall end or suspend its approval. The Commission shall report to the President and Congress the results of the review as a part of its annual report under
(i)(1) The Federal Trade Commission, in consultation with the Antitrust Division of the Department of Justice, shall prepare periodically an assessment of, and shall report to the Commission on—
(A) possible anticompetitive features of—
(i) agreements approved or submitted for approval under subsection (a) of this section; and
(ii) an organization operating under those agreements; and
(B) possible ways to alleviate or end an anticompetitive feature, effect, or aspect in a manner that will further the goals of this subtitle and of the transportation policy of
(2) Reports received by the Commission under this subsection shall be published and made available to the public under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10706(a)(1) (A) | 49:5c(1)(a). | Feb. 4, 1887, ch. 104, |
| 10706(a)(1) (B) | 49:5c(5)(a) (last sentence). | |
| 10706(a)(2) | 49:5c(1)(b), (c), (2), (8). | |
| 10706(a)(3) (A) | 49:5c(5)(a) (less 1st and last sentences), (11). | |
| 10706(a)(3) (B) | 49:5c(5)(b) (1st sentence). | |
| 10706(a)(3) (C) | 49:5c(5)(b) (less 1st sentence). | |
| 10706(b) | 49:5b (less (3)–(7) and less (10)). | Feb. 4, 1887, ch. 104, |
| 10706(c)(1) | 49:5b(4) (last cl.). | |
| 10706(c)(2) | 49:5b(4) (less last cl.), (5), (6), 5c(4), (5)(a) (1st sentence). | |
| 10706(d) | 49:5b(3), 5c(3) (1st and 2d sentences). | |
| 10706(e) | 49:5b(7), 5c(6)(a). | |
| 10706(f) | 49:5b(10), 5c(7), (9). | |
| 10706(g) | 49:5c(3) (last sentence), (6)(b). | |
| 10706(h) | 49:5c(10). |
In this section, the word "rates" is substituted for "rates, fares" because of the definition of "rate" in
In subsection (a)(1), the words "directly or indirectly" from 49:5c(1)(a) are omitted as surplus, and 49:5c(1)(C) is omitted as unnecessary. The definition of "single-line rate" contained in the text of 49:5c(5)(a) (last sentence) is included for consistency.
In subsection (a)(2), the words "or an agreement with a class of carriers referred to in subsection (c)(1)(B)–(E) of this section" are inserted for clarity in view of the amendment made by section 208(a) of the Railroad Revitalization and Regulatory Reform Act of 1976 that removed rail carriers from 49:5b but did not specifically resolve the question of which section governs intermodal agreements by rail carriers. The words inserted in the revised section require rail carriers that make intermodal agreements to comply with 49:5c to reflect the ambiguity. The words "under such rules and regulations as the Commission shall prescribe" are omitted as unnecessary in view of the general power to prescribe regulations under section 10321 of the revised title. The words "by order" are omitted as surplus. The words "if approval is not prohibited by paragraph (4) or (5)" are omitted as unnecessary in view of the restatement. The words "will further" are substituted for "by reason of furtherance of" for clarity. The word "only" is substituted for "otherwise the application shall be denied" for clarity. The words "may require compliance with conditions necessary to make the agreement further that policy as a condition of approval" are substituted for "approval . . . shall be granted only upon such terms and conditions . . . necessary . . . to enable its approval to be granted in accordance with the standard set forth in this paragraph" for clarity. The 3d sentence restates 49:5c(8) for clarity. The word "written" in 49:5c(2) is omitted as unnecessary in the 4th sentence. 49:5c(2)(v) is omitted as unnecessary because of section 10321 of the revised title giving the Commission the authority to carry out the subtitle and to prescribe regulations.
In subsection (a)(3)(A), the word "organization" is substituted for "conference, bureau, committee, or other organization" as being more inclusive. In subsection (a)(3)(A)(i), 49:5c(5)(a)(i) and (ii) are consolidated to eliminate redundancy. The words "of the same mode" are omitted as surplus since this subsection applies only to rail carriers. The words "under
In subsection (a)(3)(B), the words "Subparagraph (A)(i) and (ii) of this paragraph" are substituted for "limitations set forth in subdivision (a) shall not be applicable" for clarity. The word "shippers" is substituted for "shipping public" as being more precise. The words "in writing or otherwise" are omitted as surplus. The words "that are" are substituted for "if such changes are" for clarity. The word "area" is substituted for "territory or territories" as being more precise.
In subsection (b), the definitions of 49:5b(1) are omitted as unnecessary in view of the restatement. The words "under such rules and regulations as the Commission may prescribe" are omitted as unnecessary in view of the general power to prescribe regulations under section 10321 of the revised title. The words "by order" are omitted as surplus. The words "if approval thereof is not prohibited by paragraph (4), (5), or (6) of this section" are omitted as unnecessary in view of the restatement. The words "will further" are substituted for "by reason of furtherance" for clarity. The word "only" is substituted for "otherwise the application shall be denied" for clarity. The words "may require compliance with conditions necessary to make the agreement further that policy as a condition of approval" are substituted for "upon such terms and conditions as the Commission may prescribe as necessary to enable it to grant its approval in accordance with the standard above set forth in this paragraph" for clarity.
In subsection (c)(1), the reference to rail carriers in a class is retained to reflect the ambiguity resulting from the amendment made by section 208(a) of the Railroad Revitalization and Regulatory Reform Act of 1976.
In subsection (c)(2), the words "which it finds" are omitted as unnecessary. The word "absolute" is substituted for "free and unrestrained" as being more appropriate. The words "without fear of any sanction or retaliatory action" are omitted as included in the words "absolute right".
In subsection (d), the word "records" is substituted for "accounts, records, files, and memoranda" to eliminate redundancy and for consistency with other sections of the revised title and with subchapter II of
In subsection (e), the words "upon complaint or upon its own initiative without complaint" are omitted in view of subsection (f). The word "review" is substituted for "investigate and determine" in view of the general authority to carry out the subtitle in section 10321 of the revised subtitle. The words "or terms and conditions upon which such approval was granted" are omitted as surplus in view of the restatement. The word "change" is substituted for "modify" for consistency. The words "when necessary to comply with (1) the public interest and subsection (a), or (2) subsection (b)" are substituted for "if it finds such action necessary to insure conformity with such standard . . . to the extent it finds necessary to insure conformity with such standard or to the extent to which it finds such terms and conditions not necessary to insure such conformity" for clarity.
In subsection (f), the text of 49:5b(8) is omitted as surplus in view of subchapter II of
In subsection (g), the words "which the Commission has by order" are omitted as surplus. The word "organization" is substituted for "conference, bureau, committee, or other organization" as being more inclusive. The last sentence of 49:5c(3) is omitted as surplus in view of
In subsection (h), the last sentence is substituted for 49:5c(10) (last sentence) for clarity and consistency with section 10310(b) of the revised title.
Pub. L. 96–258
This amends section 10706(c)(2) to correct a typographical error.
References in Text
The Sherman Act, referred to in subsec. (a)(2)(A), (4), is act July 2, 1890, ch. 647,
The Clayton Act, referred to in subsec. (a)(2)(A), (4), is act Oct. 15, 1914, ch. 323,
The Federal Trade Commission Act, referred to in subsec. (a)(2)(A), (4), is act Sept. 26, 1914, ch. 311,
Sections 73 and 74 of the Wilson Tariff Act, referred to in subsec. (a)(2)(A), (4), are sections 73 and 74 of act Aug. 27, 1894, ch. 349,
Act of June 19, 1936, referred to in subsec. (a)(2)(A), (4), is act June 19, 1936, ch. 592,
The effective date of the Staggers Rail Act of 1980, referred to in subsec. (a)(5)(C), probably means Oct. 1, 1980, the general effective date of
The date of enactment of this subsection, referred to in subsec. (b)(3)(B)(ii), is the date of enactment of
The date of enactment of the Motor Carrier Act of 1980, referred to in subsec. (b)(3)(C), is the date of enactment of
Section 14(b)(4) of the Motor Carrier Act of 1980, referred to in subsec. (b)(3)(D), is section 14(b)(4) of
The effective date of this subparagraph, referred to in subsec. (b)(3)(F), is the 60th day after Sept. 20, 1982, see section 31(a) of
Amendments
1986—Subsec. (a)(2)(A).
Subsec. (d)(1)(E).
1984—Subsec. (c).
1982—Subsec. (b)(1), (2).
Subsec. (b)(3)(B)(i).
Subsec. (b)(3)(B)(iii).
Subsec. (b)(3)(D).
Subsec. (b)(3)(E) to (H).
Subsec. (b)(5).
Subsec. (c).
1980—Subsec. (a)(1)(C).
Subsec. (a)(2)(A).
Subsec. (a)(3)(A).
Subsec. (a)(3)(B).
Subsec. (a)(3)(C).
Subsec. (a)(3)(D).
Subsec. (a)(4).
Subsec. (a)(5).
Subsec. (b).
Subsec. (c).
Subsec. (c)(2).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsec. (h).
Subsec. (i).
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1980 Amendments
Amendment by
Amendment by
Savings Provision
Section 706 of
Carrier Organizations Established Before November 19, 1982
Section 10(f) of
Elimination of General Rate Increases and Decreases
Section 219(f) of
Protection of Rate Bureau Employees
Section 219(g) of
Lawfulness of Existing Competitive Practices Between Water Carriers and Rail Carriers Unaffected
Section 707 of
Motor Carrier Ratemaking Study Commission
Section 14(b) of
Continuation of Functions Under Prior Rate Agreement; Submission of New or Amended Rate Agreement and Compliance With Present Provisions
Section 14(e) of
Section Referred to in Other Sections
This section is referred to in
§10707. Investigation and suspension of new rail carrier rates, classifications, rules, and practices
(a) When a new individual or joint rate or individual or joint classification, rule, or practice related to a rate is filed with the Interstate Commerce Commission by a rail carrier providing transportation subject to its jurisdiction under subchapter I of
(b)(1) The Commission must complete a proceeding under this section and make its final decision by the end of the 5th month after the rate, classification, rule, or practice was to become effective, except that if the Commission reports to the Congress by the end of such 5th month that it cannot make a final decision by that time and explains the reason for the delay, it may take an additional 3 months to complete the proceeding and make its final decision. If the Commission does not reach a final decision within the applicable time period, the rate, classification, rule, or practice—
(A) is effective at the end of that time period; or
(B) if already in effect at the end of that time period, remains in effect.
(2) If an interested party has filed a complaint under subsection (a) of this section, the Commission may set aside a rate, classification, rule, or practice, that has become effective under this section if the Commission finds it to be in violation of this chapter.
(c)(1) The Commission may not suspend a proposed rate, classification, rule, or practice during the course of a Commission proceeding under this section unless it appears from the specific facts shown by the verified statement of a person that—
(A) it is substantially likely that the protestant will prevail on the merits;
(B) without suspension, the proposed rate change will cause substantial injury to the protestant or the party represented by the protestant; and
(C) because of the peculiar economic circumstances of the protestant, the provisions of subsection (d) of this section do not protect the protestant.
(2) The burden shall be on the protestant to prove the matters described in paragraph (1)(A), (B), and (C) of this subsection.
(d)(1) If the Commission does not suspend a proposed rate increase under subsection (c) of this section, the Commission shall require the rail carrier to account for all amounts received under the increase until the Commission completes its proceedings under subsection (b) of this section. The accounting shall specify by whom and for whom the amounts are paid. When the Commission takes final action, it shall require the carrier to refund to the person for whom the amounts were paid that part of the increased rate found to be unreasonable, plus interest at a rate equal to the average yield (on the date the statement is filed) of marketable securities of the United States Government having a duration of 90 days.
(2) If a rate is suspended under subsection (c) of this section and any portion of such rate is later found to be reasonable under this subtitle, the carrier shall collect from each person using the transportation to which the rate applies the difference between the original rate and the portion of the suspended rate found to be reasonable for any services performed during the period of suspension, plus interest at a rate equal to the average yield (on the date the statement is filed) of marketable securities of the United States Government having a duration of 90 days, except that this paragraph shall not apply to general rate increases under
(3) If any portion of a proposed rate decrease is suspended under subsection (c) of this section and later found to be reasonable under this subtitle, the rail carrier may refund any part of the portion of the decrease found to comply with this subtitle if the carrier makes the refund available to each shipper who participated in the rate, in accordance with the relative amount of such shipper's traffic transported at such rate.
(4) Notwithstanding the provisions of section 10741 or
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10707(a) | 49:15(8)(a) (1st and 2d sentences). | Feb. 4, 1887, ch. 104, |
| 10707(b)–(e) | 49:15(8) (less (a) 1st and 2d sentences). |
In 49:15(8), the words after the 4th comma in subsection (b), subsections (c) and (d) (last sentence) are omitted from the restatement as executed, effective January 1, 1978.
In subsection (a), the word "schedule" is omitted for consistency. The word "rate" is substituted for "rates, fare, or charge" in view of the definition of "rate" in section 10102 of the revised title. The words "providing transportation subject to its jurisdiction under subchapter I of
In subsection (b), the words "may take an additional 3 months" are substituted for "shall be made not later than 10 months after" for consistency.
In subsection (c), the words "Pursuant to subdivision (d)" are omitted as unnecessary. The words "facts required under paragraph (1) (A) and (B) of this subsection" are substituted for "matters set forth in clauses (i) and (ii) of this subdivision" for clarity.
In subsection (d), the words "When any part of a rate decrease is suspended" are substituted for "With respect to any proposed decreased rate, fare, or charge which is suspended" for clarity. The words "comply with this title" are substituted for "lawful" for clarity and consistency.
In subsection (e), the word "reasonable" is substituted for "just and reasonable" for consistency. See the revision note to section 10101 of the revised title.
[Subsections (c) and (d) (last sentence) of 49:15(8), which were omitted from the restatement as executed (see first par. of Historical and Revision Notes above), were amended by
Amendments
1994—Subsec. (d)(2).
Subsec. (d)(3).
1980—Subsec. (b)(1).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§10707a. Zone of rail carrier rate flexibility
(a) In this section—
(1)(A) "base rate" means, with respect to the transportation of a particular commodity (i) for the 24-month period beginning on October 1, 1980, the rate in effect on October 1, 1980, (ii) for the 24-month period beginning on October 1, 1982, the rate in effect on October 1, 1982, and (iii) for the 5-year period beginning on October 1, 1984, and for each subsequent 5-year period, the rate in effect on the first day of the applicable 5-year period.
(B) If no rate exists for the transportation of a particular commodity on October 1, 1980, the base rate for the transportation of such commodity shall be the rate established by the rail carrier (divided by the latest rail cost adjustment factor published by the Commission), unless such rate is found to be unreasonable by the Commission, in which case the base rate shall be the rate authorized by the Commission (divided by the latest rail cost adjustment factor published by the Commission).
(2)(A) "adjusted base rate" means the base rate for the transportation of a particular commodity multiplied by the latest rail cost adjustment factor published by the Commission pursuant to this paragraph.
(B) Commencing with the fourth quarter of 1980, the Commission shall, as often as practicable but in no event less often than quarterly, publish a rail cost adjustment factor which shall be a fraction, the numerator of which is the latest published Index of Railroad Costs (which index shall be compiled or verified by the Commission, with appropriate adjustments to reflect the changing composition of railroad costs, including the quality and mix of material and labor), and the denominator of which is the same index for the fourth quarter of 1980, or for the fourth quarter of 1982 or for the fourth quarter of every fifth year thereafter, as appropriate.
(b)(1) Except as provided in paragraph (3) of this subsection, a rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(2) A rate increase authorized under this subsection may not be found to exceed a reasonable maximum for the transportation involved.
(3) A rail carrier may not increase a rate under this subsection to the extent that the cost increases to such carrier due to inflation are recovered through (A) general rate increases pursuant to
(c)(1) During the 12-month period beginning on the effective date of the Staggers Rail Act of 1980 and during each of the 3 succeeding 12-month periods, a rail carrier may, in addition to rate increases authorized under subsection (b) of this section, increase any rate over which the Commission has jurisdiction under
(2)(A) If any portion of a rate increase under this subsection is not implemented in the year in which it is authorized, such portion may, except as provided in subparagraph (B) of this paragraph, be implemented only in the next succeeding year.
(B) If any portion of the total rate increase authorized under this subsection is not implemented by the end of the 4-year period beginning on the effective date of the Staggers Rail Act of 1980, such portion may be implemented in the next 2 succeeding years, except that in no event may a rail carrier increase a rate under this subsection or under subsection (d) of this section in either of such 2 succeeding years by an annual amount of more than 10 percent of the adjusted base rate.
(d)(1) Except as provided in paragraph (3) of this subsection, during the 12-month period beginning on October 1, 1984, and during each succeeding 12-month period, a rail carrier may, in addition to rate increases under subsection (b) of this section, increase any rate over which the Commission has jurisdiction under
(2) No portion of any rate increase under this subsection which is not implemented in the year in which it is authorized may be implemented in any other year.
(3)(A) The provisions of this subsection shall not apply to a rail carrier proposing to increase a single line rate if such carrier earns adequate revenues, as determined by the Commission under
(B) The Commission shall, after a hearing on the record, prescribe such rules with respect to joint rates as necessary to ensure that rail carriers which earn adequate revenues, as determined under
(e)(1) Notwithstanding the provisions of
(A)(i) the Commission may not suspend such rate increase pending final Commission action; and
(ii) except as provided in paragraph (2) of this subsection, the Commission may not begin an investigation proceeding under
(B) an interested party may file a complaint under
In considering any complaint challenging a rate increase that is authorized under subsection (c) of this section and that results in a revenue-variable cost percentage that is less than the lesser of the percentages described in clauses (i) and (ii) of paragraph (2)(A), the Commission shall, in determining the reasonableness of such rate increase, give due consideration to whether the carrier proposing the rate increase has attained adequate revenues, as determined by the Commission under
(2)(A) If a rate increase authorized under this section in any year results in a revenue-variable cost percentage for the transportation to which the rate applies that is equal to or greater than—
(i) 20 percentage points above the revenue-variable cost percentage applicable in that year under
(ii) a revenue-variable cost percentage of 190 percent,
whichever is less, the Commission may, on its own initiative, or on complaint of an interested party, begin an investigation proceeding to determine whether the proposed rate increase violates this subtitle.
(B) In determining whether to investigate or not to investigate any proposed rate increase that results in a revenue-variable cost percentage for the transportation to which the rate applies that is equal to or greater than the lesser of the percentages described in clauses (i) and (ii) of subparagraph (A) of this paragraph (without regard to whether such rate increase is authorized under this section), the Commission shall set forth its reasons therefor, giving due consideration to the following factors:
(i) the amount of traffic which is transported at revenues which do not contribute to going concern value and efforts made to minimize such traffic;
(ii) the amount of traffic which contributes only marginally to fixed costs and the extent to which, if any, rates on such traffic can be changed to maximize the revenues from such traffic; and
(iii) the impact of the proposed rate or rate increase on the attainment of the national energy goals and the rail transportation policy under
This subparagraph shall not be construed to change existing law with regard to the nonreviewability of such determination.
(C) In determining whether a rate is reasonable, the Commission shall consider, among other factors, evidence of the following:
(i) the amount of traffic which is transported at revenues which do not contribute to going concern value and efforts made to minimize such traffic;
(ii) the amount of traffic which contributes only marginally to fixed costs and the extent to which, if any, rates on such traffic can be changed to maximize the revenues from such traffic; and
(iii) the carrier's mix of rail traffic to determine whether one commodity is paying an unreasonable share of the carrier's overall revenues.
(f) In any proceeding under this section, evidence of the underlying rail carrier rate is admissible.
(g) A finding by the Commission that a rate increase exceeds the increase authorized under this section does not establish a presumption that (1) the rail carrier proposing such rate increase has or does not have market dominance over the transportation to which the rate applies, or (2) the proposed rate exceeds or does not exceed a reasonable maximum.
(h) The authority of the Commission to determine and prescribe reasonable rules, classifications, and practices may not be used, directly or indirectly, to limit the rates which rail carriers are otherwise authorized to establish under this subtitle.
(Added
References in Text
The effective date of the Staggers Rail Act of 1980, referred to in subsec. (c)(1), (2)(B), probably means Oct. 1, 1980, the general effective date of
Amendments
1994—Subsec. (b)(1).
Effective Date
Section effective Oct. 1, 1980, see section 710(a) of
Restriction on Increase of Rail Carrier Rate for Transportation of Coal; Conditions; Exceptions; Inadmissibility as Evidence in Proceeding To Determine Market Dominance or Reasonableness of Rate
Section 203(c) of
"(1) Any rail carrier rate which increased over 70 percent between 1976 and 1979 inclusive for the transportation, in shipper owned equipment over a distance exceeding 1,550 miles between points within the United States, of coal pursuant to a tariff calling for an annual volume of more than 2,000,000 tons per year purchased by a municipally owned utility for the generation of electric power under a 20-year purchase agreement entered into by such utility in the year 1974 shall not be increased so long as coal is purchased under such original agreement, except that—
"(A) during the period beginning October 1, 1980, and ending September 30, 1987, the Interstate Commerce Commission may permit increases in such rate which result in a revenue-variable cost percentage of not more than 162 percent; and
"(B) after October 1, 1987, such rate shall be subject to
"(2) Neither the provisions of this subsection nor any rate subject to this subsection shall be admissible as evidence or considered in any way in any proceeding involving any other rail carrier rate that is commenced to determine market dominance under
Section Referred to in Other Sections
This section is referred to in
§10708. Investigation and suspension of new nonrail carrier rates, classifications, rules, and practices
(a)(1) The Interstate Commerce Commission may begin a proceeding to determine the lawfulness of a proposed rate, classification, rule, or practice immediately, on its own initiative or on application of an interested party when—
(A) a new individual or joint rate or individual or joint classification, rule, or practice affecting a rate is filed with the Commission by a common carrier, other than a rail carrier, under this subtitle; or
(B) a new or reduced rate or rule or practice that causes a reduction of a rate is filed with the Commission by a contract carrier under this subtitle.
(2) The Commission must give reasonable notice before beginning a proceeding under this section but may act without allowing an interested carrier to file an answer or other formal pleading in response to its decision to begin the proceeding. The Commission may take whatever final action on a rate, classification, rule, or practice under this section, after a full hearing (whether completed before or after the rate, classification, rule, or practices goes into effect), as it could in a proceeding begun after a rate, classification, rule, or practice became effective.
(b) Pending final Commission action in a proceeding under subsection (a) of this section, the Commission may suspend the proposed rate, classification, rule, or practice at any time for not more than 7 months beyond the time it would otherwise go into effect by (1) delivering to each affected carrier, and (2) filing with the proposed rate, classification, rule, or practice, a statement of reasons for the suspension. If the Commission does not take final action during the suspension period, the proposed rate, classification, rule, or practice is effective at the end of that period. However, if an increase in a rate for, or related to, transportation of property by an express, sleeping car, or pipeline carrier becomes effective under this subsection, the Commission may require the interested carrier to account for all amounts received under it and specify by whom and on whose behalf those amounts were paid. When the Commission takes final action, it may require the carrier to refund, with interest, to the persons on whose behalf those amounts were paid, the part of the increased rate found to be in violation of this subtitle.
(c) In a proceeding under this section, the burden is on the carrier proposing the changed rate, classification, rule, or practice to prove that the change is reasonable. The Commission shall give proceedings under this section preference over all other proceedings related to that type of carrier pending before it and make its decision at the earliest practical time.
(d)(1) Notwithstanding any other provision of this title, the Commission may not investigate, suspend, revise, or revoke any rate proposed by a motor common carrier of property or household goods freight forwarder on the grounds that such rate is unreasonable on the basis that it is too high or too low if—
(A) the carrier notifies the Commission that it wishes to have the rate considered pursuant to this subsection; and
(B) the aggregate of increases and decreases in any such rate is not more than 10 percent above the rate in effect one year prior to the effective date of the proposed rate, nor more than 10 percent below the lesser of the rate in effect on July 1, 1980 (or, in the case of any rate which a carrier first establishes after July 1, 1980, for a service not provided by such carrier on such date, such rate on the date such rate first becomes effective), or the rate in effect one year prior to the effective date of the proposed rate.
(2) The Commission, by rule, may increase the percentages specified in paragraph (1)(B) of this subsection for any group of motor common carriers of property or household goods freight forwarders if it finds that—
(A) there is sufficient actual and potential competition to regulate rates; and
(B) there are benefits to (i) carriers or household goods freight forwarders, (ii) shippers, and (iii) the public from further rate flexibility;
except that the Commission may not increase such percentages by more than 5 percentage points during any one-year period.
(3)(A) In determining, pursuant to paragraph (1)(B) of this subsection, whether the aggregate of increases and decreases in a proposed rate that is to take effect on or before the 730th day following the date of enactment of this paragraph is more than 10 percent (or such other percentage as the Commission may establish under paragraph (2) of this subsection) above the rate in effect one year prior to the effective date of the proposed rate, general rate increases obtained in the one-year period prior to the effective date of the proposed rate shall not be included in such aggregate, except to the extent that such general rate increases exceed 5 percent of the rate in effect one year prior to the effective date of the proposed rate.
(B) In the case of a proposed rate that is to take effect after the 730th day following the date of enactment of this paragraph, the percentage which first appears in paragraph (1)(B) of this subsection (relating to the upper limit of the zone of ratemaking freedom), or such other percentage as the Commission may establish under paragraph (2) of this subsection in lieu of such percentage, shall be increased or decreased, as the case may be, by the percentage change in the Producers Price Index, as published by the Department of Labor, that has occurred during the one-year period prior to the effective date of the proposed rate.
(4) Notwithstanding any other provision of this title, the Commission may not investigate, suspend, revise, or revoke any single-line rate proposed by a motor common carrier of passengers, or joint rate proposed by one or more such carriers, applicable to any transportation (other than special or charter transportation) on the grounds that such rate is unreasonable on the basis that it is too high or too low if—
(A) the carrier or carriers notify the Commission that they wish to have the rate considered pursuant to this subsection; and
(B) the aggregate of increases and decreases in any such rate is not more than 10 percent above the rate in effect one year prior to the effective date of the proposed rate, nor more than 20 percent below the lesser of the rate in effect on the effective date of this paragraph (or, in case of any rate which the carrier or carriers first establish after such date for a service not provided by the carrier or carriers on such date, such rate on the date such rate first becomes effective), or the rate in effect one year prior to the effective date of the proposed rate.
(5) One year after the effective date of this paragraph, the first and second percentages specified in paragraph (4)(B) of this subsection shall change to 15 percent and 25 percent, respectively. Two years after the effective date, the first and second percentages specified in paragraph (4)(B) of this subsection shall change to 20 percent and 30 percent, respectively.
(6) Any rate implemented by a carrier pursuant to this subsection shall be subject to the antitrust laws, as defined in the first section of the Clayton Act (
(e) Notwithstanding any other provision of this title, 3 years after the effective date of this subsection, the Commission may not investigate, suspend, revise, or revoke any rate proposed by a motor common carrier of passengers on the grounds that such rate is unreasonable on the basis that it is too high or too low, unless the proposed rate is established collectively in accordance with the procedures of an agreement approved by the Commission under
(f) Notwithstanding any other provision of this title, an interested party may file a complaint under
(g) Notwithstanding any other provision of this title, the Commission may not investigate, suspend, revise, or revoke any rate proposed by a motor common carrier of passengers applicable to special or charter transportation. Nothing in this subsection shall limit the Commission's authority to suspend and investigate proposed rates on the basis that such rates constitute predatory practices in contravention of the transportation policy set forth in
(
The section restates and consolidates the source provisions for clarity. The word "schedule" is omitted as unnecessary. The word "rate" is substituted for "rate, fare, or charge" in view of the definition of "rate" in section 10102 of this revised title. The word "may" is substituted for "shall have, and it is given, authority," for clarity. The words "without complaint . . . if it so orders" are omitted as surplus. The words "begin a proceeding" are substituted for "to enter upon a hearing" in view of subchapter II of
References in Text
The date of enactment of this paragraph, referred to in subsec. (d)(3)(A), (B), is the date of enactment of
The effective date of this paragraph and the effective date of this subsection, referred to in subsecs. (d)(5) and (e), respectively, is the 60th day after Sept. 20, 1982, see section 31(a) of
Amendments
1986—Subsec. (d)(1), (2).
1982—Subsec. (d)(4), (5).
Subsec. (d)(6).
Subsecs. (e), (f).
Subsec. (g).
1980—Subsec. (d).
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§10709. Determination of market dominance in rail carrier rate proceedings
(a) In this section, "market dominance" means an absence of effective competition from other carriers or modes of transportation for the transportation to which a rate applies.
(b) When a rate for transportation by a rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(c) When the Commission finds in any proceeding that a rail carrier proposing or defending a rate for transportation has market dominance over the transportation to which the rate applies, it may then determine that rate to be unreasonable if it exceeds a reasonable maximum for that transportation. However, a finding of market dominance does not establish a presumption that the proposed rate exceeds a reasonable maximum. This subsection does not limit the power of the Commission to suspend a rate under
(d)(1) In this subsection—
(A) "fixed and variable cost" means all cost incurred by rail carriers in the transportation of freight, but limiting the return on equity capital to a rate equal to the embedded cost of debt.
(B)(i) "cost recovery percentage" means the lowest revenue-variable cost percentage which, if all movements that produced revenues resulting in revenue-variable cost percentages in excess of the cost recovery percentage are deemed to have produced only revenues resulting in the cost recovery percentage, would produce revenues which would be equal, when combined with total revenues produced by all other traffic transported by rail carrier, to the total fixed and variable cost of the transportation of all traffic by rail carrier.
(ii) for purposes of determining the cost recovery percentage only, "revenue-variable cost percentage" means the quotient, expressed as a percentage figure, obtained by dividing the total revenues produced by the transportation of all traffic received by rail carriers for rail transportation by the total variable cost of such transportation.
(2) In making a determination under this section, the Commission shall find that the rail carrier establishing the challenged rate does not have market dominance over the transportation to which the rate applies if such rail carrier proves that the rate charged results in a revenue-variable cost percentage for such transportation that is less than—
(A) 160 percent during the period beginning on the effective date of the Staggers Rail Act of 1980 and ending September 30, 1981;
(B) 165 percent during the period beginning October 1, 1981, and ending September 30, 1982;
(C) 170 percent during the period beginning October 1, 1982, and ending September 30, 1983;
(D) 175 percent or the cost recovery percentage, whichever is less, during the period beginning October 1, 1983, and ending September 30, 1984; and
(E) the cost recovery percentage, during each 12-month period beginning on or after October 1, 1984.
For purposes of subparagraphs (D) and (E) of this paragraph, the cost recovery percentage shall in no event be less than a revenue-variable cost percentage of 170 percent or more than a revenue-variable cost percentage of 180 percent.
(3) For purposes of determining the revenue-variable cost percentage for a particular transportation, variable costs shall be determined pursuant to
(4) A finding by the Commission that a rate charged by a rail carrier results in a revenue-variable cost percentage for the transportation to which the rate applies that is equal to or greater than the applicable percentage under paragraph (2) of this subsection does not establish a presumption that (A) such rail carrier has or does not have market dominance over such transportation, or (B) the proposed rate exceeds or does not exceed a reasonable maximum.
(5)(A) Within 180 days after the effective date of the Staggers Rail Act of 1980 and on an annual basis thereafter, the Commission shall determine the cost recovery percentage for the transportation of all traffic received by rail carriers. The Commission shall make such determination after considering each individual revenue-variable cost percentage resulting from the revenues and costs of a valid and reliable statistical sample of all movements of commodities transported by class I rail carriers during the most recent calendar year for which such information is available.
(B) If, on the basis of calculations under subparagraph (A) of this paragraph, the Commission determines that revenues earned by all class I rail carriers during the previous calendar year do not exceed the fixed and variable costs of such carriers, then the cost recovery percentage for purposes of this section shall be deemed to be equal to the cost recovery percentage last determined by the Commission.
(C) The Commission shall, in its annual report submitted to the Congress under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10709(a) | 49:1(5)(c)(i). | Feb. 4, 1887, ch. 104, |
| 10709(b) | 49:15(9) (1st and 2d sentences). | Feb. 4, 1887, ch. 104, |
| 10709(c) | 49:1(5)(b) (7th and 8th sentences), 15(9) (less 1st and 2d sentences). |
In subsection (b), the words "providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
In subsection (c), the word "However" is substituted for "except that" for clarity. The words "as being in excess" are substituted for "on the ground that such rate as increased exceeds" for clarity. The last 8 words of 49:15(9) are omitted as surplus. The words "Notwithstanding any other provision of this chapter" are omitted as unnecessary. The words "does not establish" are substituted for "shall not create" for clarity. The words "The subsection does not limit" are substituted for "nothing in this paragraph shall limit" for clarity.
References in Text
The effective date of the Staggers Rail Act of 1980, referred to in subsec. (d)(2)(A), (5)(A), probably means Oct. 1, 1980, the general effective date of
Amendments
1980—Subsec. (d).
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§10710. Elimination of discrimination against recyclable materials
The Interstate Commerce Commission shall maintain regulations that will eliminate discrimination against the transportation of recyclable materials in rate structures and in other Commission practices where discrimination exists.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10710 | 45:793. | Jan. 2, 1974, |
The words "maintain regulations" are substituted for "adopt appropriate rules under the Interstate Commerce Act" for consistency in view of section 10321(a) of the revised title. The words "by expedited proceedings" are omitted as executed.
§10711. Effect of certain sections on rail rates and practices
Sections 10701(a) and (b), 10707, 10709, 10727,1 and 10728 of this title, related to rail carriers, do not—
(1) modify the application of
(2) make a competitive practice that is unfair, destructive, predatory, or otherwise undermines competition that is necessary in the public interest comply with this subtitle;
(3) affect a law in existence on February 5, 1976, or the authority of the Interstate Commerce Commission related to rate relationships between ports; or
(4) affect the authority and responsibility of the Commission to guarantee the equalization of rates in the same port.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10711 | 49:1 (note). | Feb. 5, 1976, |
This section is included in the revised subtitle because it has general application to rail carriers. The words "Sections . . . do not" are substituted for "Nothing in the . . . shall be construed" for clarity because of the legal conclusion required by the words being replaced. The references to sections 10701(a) and (b), 10707, 10709, and 10728 are substituted for "the amendments made by this section" to cite the sections of the revised subtitle in which those amendments are codified. Reference to 49:1(5)(d), as added by section 202(b) of
In clause (1), the references to section 10701(c), 10726, 10741–10744, and 11103 are substituted for "section 2, 3, or 4 of the Interstate Commerce Act (
In clause (3), the words "in existence on February 5, 1976" are substituted for "existing law" to reflect the date of enactment of
References in Text
1 See References in Text note below.
§10712. Inflation-based rate increases
(a) The Commission may, on a quarterly basis and consistent with the rail transportation policy set forth in
(b) Within 60 days after the date the Commission prescribes a percentage rate increase or rate index under subsection (a) of this section, each rail carrier or group of rail carriers shall notify the Commission of any rate or group of rates which such carrier or carriers intend to be excluded from the application of such percentage rate increase or rate index.
(c) For purposes of this section, a percentage rate index may permit rate increases within a specified range to allow carriers to recover a total revenue increase specified by the Commission as necessary to compensate for inflationary cost increases.
(Added
Effective Date
Section effective Jan. 1, 1981, see section 710(b) of
Section Referred to in Other Sections
This section is referred to in
§10713. Contracts
(a) One or more rail carriers providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(b)(1) Each contract entered into under this section shall be filed with the Commission, together with a summary of the contract containing such nonconfidential information as the Commission prescribes. The Commission shall publish special tariff rules for such contracts in order to assure that the essential terms of the contract are available to the general public in tariff format.
(2)(A) The essential terms of any contract for the transportation of agricultural commodities to be made available to the general public in tariff format under this subsection shall include, but shall not be limited to (i) the identity of the shipper party to the contract; (ii) the specific origins, transit points and other shipper facilities subject to the contract, and destinations served under such contract; (iii) the duration of the contract, including provisions for optional extension; (iv) the actual volume requirements, if any; (v) whether any transportation service has begun under a contract before the date such contract is filed with or approved by the Commission, and (vi) the date on which the contract became applicable to the transportation services provided under the contract. The Commission shall interpret this subsection to provide for liberal discovery to shippers seeking remedies under subsection (d)(2)(B) of this section.
(B) Any amendment, supplement, or change to any term or provision of any contract described in subparagraph (A), including extensions of such contract, changes of origin, transit points, affected shipper facilities, destination points, or negotiated economic terms, shall be deemed to be a separate and new contract for the purposes of this subsection. Such amendments, supplements, or changes shall be filed separately with the Commission as provided in paragraph (1).
(C) Within 60 days after the date of the enactment of the Conrail Privatization Act, the Commission shall issue regulations which require that essential terms of contracts described in subparagraph (A) shall be made available to the general public in tariff format as provided in this paragraph.
(D) The railroad contract rate advisory service established pursuant to subsection (m) of this section shall assess the impact on competition among agricultural shippers of variations between contract rates for various shipments and the published single car rates, and shall submit a report to the Congress not later than 120 days after the date of the enactment of the Conrail Privatization Act.
(c) A contract filed under this section shall be approved by the Commission, as provided in subsection (e) of this section, unless the Commission determines in a proceeding under subsection (d) of this section that such contract is in violation of this section.
(d)(1) No later than 30 days after the date of filing of a contract under this section, the Commission may, on its own initiative or on complaint, begin a proceeding to review such contract on the grounds described in this subsection.
(2)(A) In the case of a contract other than a contract for the transportation of agricultural commodities (including forest products and paper), a complaint may be filed—
(i) by a shipper only on the grounds that such shipper individually will be harmed because the proposed contract unduly impairs the ability of the contracting carrier or carriers to meet their common carrier obligations to the complainant under
(ii) by a port only on the grounds that such port individually will be harmed because the proposed contract will result in unreasonable discrimination against such port.
(B) In the case of a contract for the transportation of agricultural commodities (including forest products and paper), in addition to the grounds for a complaint described in subparagraph (A) of this paragraph, a complaint may be filed by a shipper on the grounds that such shipper individually will be harmed because—
(i) the rail carrier has unreasonably discriminated by refusing to enter into a contract with such shipper for rates and services for the transportation of the same type of commodity under similar conditions to the contract at issue, and that shipper was ready, willing, and able to enter into such a contract at a time essentially contemporaneous with the period during which the contract at issue was offered; or
(ii) the proposed contract constitutes a destructive competitive practice under this subtitle.
In making a determination under clause (ii) of this subparagraph, the Commission shall consider the difference between contract rates and published single car rates.
(C) For purposes of this paragraph, the term "unreasonable discrimination" has the same meaning as such term has under
(3)(A) Within 30 days after the date a proceeding is commenced under paragraph (1) of this subsection, or within such shorter time period after such date as the Commission may establish, the Commission shall determine whether the contract that is the subject of such proceeding is in violation of this section.
(B) If the Commission determines, on the basis of a complaint filed under paragraph (2)(B)(i) of this subsection, that the grounds for a complaint described in such paragraph have been established with respect to a carrier, the Commission shall, subject to the provisions of this section, order such carrier to provide rates and service substantially similar to the contract at issue with such differentials in terms and conditions as are justified by the evidence.
(e) Approval of a contract filed under this section shall be effective—
(1) on the date the Commission expressly approves such contract, but in no event before the end of the 30-day period beginning on the date such contract is filed or after the end of the 60-day period beginning on such date; or
(2) if the Commission has not disapproved such contract by the end of the 60-day period beginning on the date such contract is filed, at the end of such 60-day period.
(f) The Commission may limit the right of a rail carrier to enter into future contracts under this section following a determination that additional contracts would impair the ability of the rail carrier to fulfill its common carrier obligations under
(g) The Commission may not require a rail carrier to violate the terms of a contract that has been approved under this section, except to the extent necessary to comply with
(h) A party to a contract entered into under this section shall have no duty in connection with services provided under such contract other than those duties specified by the terms of the contract.
(i)(1) A contract that is approved by the Commission under this section, and transportation under such contract, shall not be subject to this subtitle, and may not be subsequently challenged before the Commission or in any court on the grounds that such contract violates a provision of this subtitle.
(2) The exclusive remedy for any alleged breach of a contract entered into under this section shall be an action in an appropriate State court or United States district court, unless the parties otherwise agree.
(j) The provisions of this section shall not affect the status of any lawful contract between a rail carrier and one or more purchasers of rail service that is in effect on the effective date of the Staggers Rail Act of 1980. Any such contract shall hereafter have the same force and effect as if it had been entered into in accordance with the provisions of this section. Nothing in this section shall affect the rights of the parties to challenge the existence of such a contract.
(k)(1) Any rail carrier may, in accordance with the terms of this section, enter into contracts for the transportation of agricultural commodities (including forest products, but not including wood pulp, wood chips, pulpwood or paper) involving the utilization of carrier owned or leased equipment not in excess of 40 percent of the capacity of such carrier's owned or leased equipment by major car type (plain boxcars, covered hopper cars, gondolas and open top hoppers, coal cars, bulkhead flatcars, pulpwood rackcars, and flatbed equipment, including TOFC/COFC), except that in the case of a proposed contract between a class I carrier and a shipper originating an average of 1,000 cars or more per year during the prior 3-year period by major car type on a particular carrier, not more than 40 percent of carrier owned or leased equipment utilized on the average during the prior 3-year period may be used for such contract without prior authorization by the Commission.
(2) The Commission may, on request of a rail carrier or other party or on its own initiative, grant such relief from the limitations of paragraph (1) of this subsection as the Commission considers appropriate, if it appears that additional equipment may be made available without impairing the rail carrier's ability to meet its common carrier obligations under
(l) Service under a contract approved under this section shall be deemed to be a separate and distinct class of service, and the equipment used in the fulfillment of such a contract shall not be subject to car service decisions under
(m) The Commission shall establish a railroad contract rate advisory service. The advisory service shall—
(1) compile and disseminate to interested parties nonconfidential summaries of the provisions of individual contract information relating to the provisions of contracts entered into under this section with regard to various goods, items, and commodities covered by such contracts;
(2) provide the Commission and interested parties with advice regarding contracts; and
(3) assess the impact on competition among shippers of variations between contract rates for various shipments and the published single car rates, and submit a report on such impact to the Congress not later than 90 days after the effective date of the Staggers Rail Act of 1980.
(Added
References in Text
The date of the enactment of the Conrail Privatization Act, referred to in subsec. (b)(2)(C), (D), is the date of enactment of subtitle A of title IV of
The effective date of the Staggers Rail Act of 1980, referred to in subsecs. (j) and (m)(3), probably means Oct. 1, 1980, the general effective date of
Amendments
1986—Subsec. (b).
1983—Subsec. (k)(1).
Effective Date
Section effective Oct. 1, 1980, see section 710(a) of
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER II—SPECIAL CIRCUMSTANCES
§10721. Government traffic
(a)(1) Except as provided in this section, the full applicable commercial rate shall be paid for transportation for the United States Government by a common carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under this subtitle. Section 3709 of the Revised Statutes (
(2) Paragraph (1) of this subsection does not apply, and the law related to compensation for transportation for the United States Government in effect immediately before September 18, 1940, applies to a rail carrier if that carrier, or its predecessor in interest, received a grant of land from the United States to aid in constructing the railroad it operates but did not file a release with the Secretary of the Interior before September 18, 1941, of claims against the United States Government to, or arising out of, lands that were granted, claimed to have been granted, or claimed should have been granted to that carrier or its predecessor in interest. This paragraph does not require a rail carrier to reconvey to the United States land patented or certified to it or prevent the patent of land that the Secretary of the Interior found was sold by the carrier to an innocent purchaser for value or as preventing the patent of land listed or selected by the carrier and finally approved by the Secretary of the Interior to the extent that issuance of those patents is authorized by law.
(b)(1) A common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I, II, or III of
(2) Unless a carrier is advised by the United States Government that disclosure of a quotation or tender of a rate established under paragraph (1) of this subsection for transportation provided to the United States Government would endanger the national security, the carrier shall file the quoted or tendered rate, including a retroactive rate made after the transportation has been provided, concurrently, with the Commission and the department, agency, or instrumentality of the United States Government for which the quotation or tender was made or for which the proposed transportation is to be provided. A carrier may quote or tender a rate established under an agreement made and approved under
(3) Nothing in this subsection shall limit the Commission's authority to suspend and investigate proposed rates for the transportation of household goods for the United States Government on the basis that such rates constitute predatory practices in contravention of the transportation policy set forth in
(A) without suspension, the proposed rate will cause substantial injury to the complainant; and
(B) it is likely that the complainant will prevail on the merits.
(c) A different policy, rule of rate making, system of accounting, method of determining costs of transportation, value of property, or rate of return may not be applied to a water carrier owned or controlled by the United States Government than is applied to a water carrier providing transportation subject to the jurisdiction of the Commission under subchapter III of
(
In subsection (a)(1), the words "Except as provided in this section" are substituted for "Notwithstanding any other provision of law, but subject to the provisions of sections 1(7) and 22 of the Interstate Commerce Act, as amended" since the relevant parts of those sections are incorporated in this revised section. The term "rates" is substituted for "rates, fares, and charges" throughout this section in view of the definition of "rate" in section 10102 of the revised title. The words "the rate determined by the Interstate Commerce Commission as reasonable therefore shall be paid" are omitted as unnecessary in view of the restatement. The words ": Provided, however, That" are omitted as surplus. The words "may enter into contracts for the transportation of" are omitted as unnecessary. The words "When prescribing" are substituted for "in the exercise of its power to prescribe" for clarity. The words "just and reasonable" are omitted as unnecessary in view of section 10701 of the revised title. The words "shall consider" are substituted for "shall give due consideration" for clarity. The words "under this subsection" are substituted for "as a result of the enactment of
In subsection (a)(2), the words "Paragraph (1) of this subsection does not apply, and the law related to compensation for transportation for the United States Government in effect immediately before September 18, 1940, applies" are substituted for "the provisions of law with respect to compensation for such transportation shall continue to apply to such transportation as though subsection (a) of this section had not been enacted" for clarity. The words "in the form and manner prescribed by him" are omitted as executed. The words "did not file a release . . . before September 18, 1941" are substituted for 49:65(b) (2d sentence) for clarity. The words "This paragraph does not require" are substituted for "Nothing in this section shall be construed as requiring" are being more precise. The word "heretofore" is omitted as surplus.
In subsection (b), the words "transportation" and "rate" are substituted for "carriage, storage, or handling of property" and "rate, charge or fare" in view of the definitions of "transportation" and "rate" in section 10102 of this revised title.
In subsection (b)(1), the words "A common carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under
In subsection (b)(2), the words "Unless a carrier is advised by" are substituted for "The provisions of this paragraph . . . shall not apply to . . . as indicated" for clarity. The words "department, agency, or instrumentality of the United States Government for which the quotation or tender was made" are substituted for "any agency or department thereof, for whose account the quotations or tenders are offered" for clarity. The words "for the transportation, storage, or handling of property or the transportation of persons free or at reduced rates" in 49:22(2) are omitted as unnecessary in view of the restatement. The words "for transportation provided to the United States" are added for clarity. The words "including a retroactive rate made after the transportation has been provided" are substituted for "including . . . those for retroactive application whether negotiated or renegotiated after the services have been performed" for clarity. The words "shall be in writing or confirmed in writing" are omitted as unnecessary in view of the restatement. The words "the carrier shall" are substituted for "shall be submitted . . . by the carrier or carriers offering such tenders or quotations" for consistency. The words "in the manner specified by the Commission" are omitted as unnecessary in view of the general power of the Commission to prescribe regulations to carry out this subtitle in section 10321. The last sentence is substituted for "and only upon the submittal of such a quotation or tender made pursuant to an agreement approved by the Commission under section 5b or section 5c shall the provisions of paragraph (9) of such section 5b or paragraph (8) of such section 5c apply" for clarity in view of section 10706 of the revised title. The words "(a) was made prior to August 31, 1957, or (b) is on or after August 31, 1957, made" are omitted as executed. The 3d sentence of 49:22(2) is omitted as unnecessary in view of section 10303(b) of the revised title.
In subsection (c), the words "A different policy . . . may not be applied to" are substituted for "In the application of the provisions of this chapter . . . no different policy . . . shall be applied" as being more precise.
Amendments
1994—Subsec. (a)(1).
1980—Subsec. (b)(1).
Subsec. (b)(3).
Section Referred to in Other Sections
This section is referred to in
§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
(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
(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
(
| 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), |
| 49:317(b) (proviso). | Feb. 4, 1887, ch. 104, |
|
| 49:906(c) (proviso). | Feb. 4, 1887, ch. 104, |
|
| 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, |
| 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, |
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
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
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
Amendments
1986—Subsec. (d)(2).
1982—Subsec. (c)(4).
Subsec. (d)(1)(B).
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§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
(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
(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.
(
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,
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).
Subsec. (b)(2).
Subsec. (b)(3).
1982—Subsec. (b)(1)(C).
Effective Date of 1982 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§10724. Emergency rates
(a) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I, II, or III of
(b)(1) The Commission may authorize a common carrier providing transportation or service subject to its jurisdiction under
(A) define the area of the United States in which the reduced rates will apply;
(B) specify the period during which the reduced rates are to be in effect; and
(C) define the class of persons entitled to the reduced rates.
(2) The Commission may specify those persons entitled to reduced rates by reference to those persons designated as being in need of relief by the United States Government or by a State government authorized to assist in providing relief during the emergency. The Commission may act under this subsection without regard to subchapter II of
(
In subsection (a), the words "subchapter I, II, or III of
In subsection (b), the words "under
Section Referred to in Other Sections
This section is referred to in
§10725. Special freight forwarder rates
(a) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I, II, or III of
(1) assembling rates and related classifications and rules for transportation of less-than-carload or less-than-truckload shipments to a place for further movement as part of a carload or truckload shipment; and
(2) distribution rates and related classifications and rules for transportation of less-than-carload or less-than-truckload shipments moving from a place to which those shipments have moved as a part of a carload or truckload shipment.
(b) A rate and related classification and rule established under subsection (a) of this section applies to household goods freight forwarders and other persons using common carrier transportation under like conditions and may differ from other rates and related classifications and rules that contemporaneously apply to the same common carrier transportation when the difference is justified by a difference in the respective conditions under which that transportation is used. A rate referred to in subsection (a)(1) or (2) of this section may not be established to cover the line-haul transportation between the principal concentration place and the principal break-bulk place.
(c) When establishing a rate, classification, rule, or practice, a motor common carrier providing transportation subject to the jurisdiction of the Commission under subchapter II of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10725(a), (b) | 49:1008. | Feb. 4, 1887, ch. 104, |
| 10725(c) | 49:1007. |
In subsections (a) and (b), the word "rates" is substituted for "rates or charges" in view of the definition of "rate" in section 10102 of the revised title. The word "rules" is substituted for "rules, and regulations" for consistency when referring to carriers.
In subsection (a), the words "may establish" are substituted for "Nothing in this Act shall be construed to make it unlawful for . . . to establish and maintain" as being more precise. The words "For the purposes of this section (1) the term . . . and (2) the term" are omitted as surplus in view of the restatement. The word "beyond" is omitted as surplus.
In subsection (b), the words "A rate . . . established under subsection (a) of this section" are inserted for clarity. The word "persons" is inserted for clarity. The words "using common carrier transportation" are substituted for "who employ or utilize the instrumentalities or services of such common carriers" for clarity and consistency in view of the definition of "transportation" in section 10102 of the revised title.
In subsection (c), the words "When establishing" are substituted for "In the establishment of" for clarity. The word "rate" is substituted for "rates or charges" in view of the definition of "rate" in section 10102 of the revised title. The word "rule" is substituted for "rules, or regulations" for consistency when referring to carriers. The words "when the property is in parcels" are substituted for "engaged in service with respect to parcels" for clarity. The last sentence is substituted for the words following the 2d comma in 49:1007 for clarity.
Amendments
1986—Subsecs. (b), (c).
Effective Date of 1986 Amendment
Amendment by
§10726. Long and short haul transportation
(a)(1) A carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I or III of
(A) for a shorter distance than for a longer distance over the same line or route in the same direction (the shorter distance being included in the longer distance); or
(B) under a through rate than under the total of the intermediate rates it may charge or receive under this chapter.
This paragraph does not authorize a carrier to charge or receive equal compensation for transportation over a shorter distance than a longer distance.
(2) Notwithstanding paragraph (1) of this subsection, a carrier operating over a circuitous line or route to or from a place in competition with another carrier of the same type that operates over a more direct line or route may establish a rate (otherwise complying with this chapter) for that transportation to meet the rate of the carrier operating over the more direct line or route. A rate established for transportation over a circuitous route under this subsection is not evidence of the compensatory character of rates in other proceedings.
(b) In special cases, the Commission may authorize a carrier to charge less for transportation over a longer distance than it charges for transportation over a shorter distance. The Commission may prescribe the extent to which a carrier authorized to charge less under this subsection may be granted relief from subsection (a) of this section. However, the Commission may not authorize a rate—
(1) to or from the more distant place unless it is reasonably compensatory; or
(2) because of potential water competition not actually in existence.
[(c) Repealed.
(d) The Commission shall begin a proceeding under subsection (b) of this section on application of a carrier. A carrier may file a proposed rate with its application, and if the application is approved, the Commission shall allow the rate to become effective one day after the approval becomes effective.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10726(a) | 49:4(1) (words before 1st proviso, 4th and 2d provisos). | Feb. 4, 1887, ch. 104, §4, |
| 10726(b) | 49:4(1) (1st proviso). | |
| 10726(c) | 49:4 (less (1)). | |
| 10726(d) | 49:4(1) (less words before 1st proviso, and less 1st, 2d and 4th provisos). |
In subsection (a), the words "A carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I or III of
In subsection (b), the words "Notwithstanding paragraph (1) of this subsection" are inserted for clarity. The words "otherwise complying with this chapter" are substituted for "subject only to the standards of lawfulness set forth in other provisions of this chapter or
In subsection (c), the words "A rail carrier that reduces a rate for the transportation of property in competition with a water route" are substituted for "wherever a carrier by railroad shall in competition with a water route or routes reduce the rates on the carriage of any species of freight to or from competitive points" for clarity. The words "may increase the rate only if" are substituted for "it shall not be permitted to increase such rate unless" for clarity. The words "after a proceeding" are substituted for "after hearing" for consistency. The words "because of a change in conditions" are substituted for "rests upon changed conditions" for clarity.
In subsection (d), the words "A carrier may file a proposed rate" are substituted for "That tariffs proposing rates . . . may be filed" for clarity. The words "if the application is approved" are substituted for "in the event such application is approved" for clarity. The words "shall allow the rate to become effective one day after the approval becomes effective" are substituted for "shall permit such tariffs to become effective upon one day's notice" for clarity.
Amendments
1980—Subsec. (c).
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
[§10727. Repealed. Pub. L. 96–448, title II, §209, Oct. 14, 1980, 94 Stat. 1910 ]
Section,
Effective Date of Repeal
Repeal effective Oct. 1, 1980, see section 710(a) of
§10728. Separate rates for distinct rail services
(a) A rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(1) encourage competition;
(2) promote increased reinvestment by rail carriers; and
(3) encourage and make easier increased non-railroad investment in the production of rail services.
(b) The Commission shall maintain expeditious procedures to permit separate rates for distinct rail services to—
(1) encourage those services to be priced in accordance with the cash-outlay incurred by the carrier and the demand for them; and
(2) enable shippers and receivers to evaluate transportation and related rates and alternatives.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10728 | 49:15(18). | Feb. 4, 1887, ch. 104, |
In subsection (a), the words "rail carrier" are substituted for "a carrier by railroad" for consistency. The word "property" is substituted for "freight" for consistency. The word "establish" is substituted for "file" for clarity. The words "In order to" are omitted as surplus. The words "make . . . easier" are substituted for "facilitate" for clarity.
In subsection (b), the words "Within 1 year after the date of enactment of this paragraph" are omitted as executed. The words "Commission shall maintain expeditious procedures" are substituted for "Commission shall establish, by rule, expeditious procedures" for clarity. The word "all" is omitted as surplus. The word "rates" is substituted for "charges" in view of the definition of "rate" in section 10102 of the revised title.
Section Referred to in Other Sections
This section is referred to in
[§10729. Repealed. Pub. L. 96–448, title II, §210(a), Oct. 14, 1980, 94 Stat. 1910 ]
Section,
Effective Date of Repeal
Repeal effective Oct. 1, 1980, see section 710(a) of
Savings Provision; Revision of Rate
Section 210(b) of
§10730. Rates and liability based on value
(a) The Interstate Commerce Commission may require or authorize a carrier (including a motor common carrier of household goods but excluding any other motor common carrier of property and excluding any rail carrier) providing transportation or service subject to its jurisdiction under subchapter I, II, or IV of
(b)(1) Subject to the provisions of paragraph (2) of this subsection, a motor common carrier providing transportation or service subject to the jurisdiction of the Commission under subchapter II of
(2) Before a carrier or freight forwarder may establish a rate for any service under paragraph (1) of this subsection, the Commission may require such carrier or freight forwarder to have in effect and keep in effect, during any period such rate is in effect under such paragraph, a rate for such service which does not limit the liability of the carrier or freight forwarder.
(c) A rail carrier providing transportation or service subject to the jurisdiction of the Commission under subchapter I of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10730 | 49:20(11) (1st sentence (2d proviso related to released value), 2d sentence (less 1st–5th provisos)). | Feb. 4, 1887, ch. 104, §20(11) (1st sentence (2d proviso related to released value), 2d sentence (less 1st–5th provisos)) |
| 49:319. | Feb. 4, 1887, ch. 104, |
|
| 49:1013 (1st sentence related to released value). | Feb. 4, 1887, ch. 104, |
The text of 49:319 and 1013 (1st sentence) is omitted as unnecessary in view of the restatement. The words "in which case such declaration or agreement shall have no other effect than" are omitted as surplus. The words "shall not, so far as relates to values, be held a violation of
Amendments
1986—Subsec. (a).
Subsec. (b).
1980—Subsec. (a).
Subsec. (b).
Subsec. (c).
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§10731. Investigation of discriminatory rail rates for transportation of recyclable or recycled materials
(a) In this section—
(1) "recyclable material" means material collected or recovered from waste for a commercial or industrial use whether the collection or recovery follows end usage as a product.
(2) "virgin material" means raw material, including previously unused metal or metal ore, woodpulp or pulpwood, textile fiber or material, or other resource that, through the application of technology, is or will become a source of raw material for commercial or industrial use.
(b) When appropriate, the Interstate Commerce Commission shall—
(1) investigate the rate structure for the transportation of recyclable or recycled materials and competing virgin material by rail carriers providing transportation subject to the jurisdiction of the Commission under subchapter I of
(2) determine whether those rate increases affect any part of the rate structure in violation of
(3) report to the President and Congress, in each of the annual reports of the Commission for 1978 and 1979, and in other appropriate reports, all proceedings started or completed under this subsection.
(c) A determination under subsection (b)(2) of this section may be made only after a public hearing. During the hearing, the rail carriers have the burden of proving that rate increases that affect the rate structure applicable to the transportation of those competing materials comply with
(d) In cooperation with the Commission, the Secretary of Transportation shall maintain a research, development, and demonstration program to develop and improve transport terminal operations, transport service characteristics, transport equipment, and collection and processing methods to facilitate the competitive and efficient transportation of recyclable or recycled materials by rail carriers providing transportation subject to the jurisdiction of the Commission under subchapter I of
(e) Notwithstanding any other provision of this subtitle or any other law, within 90 days after the effective date of the Staggers Rail Act of 1980, all rail carriers providing transportation subject to the jurisdiction of the Commission under subchapter I of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10731 | 45:793 (note). | Feb. 5, 1976, |
In subsection (b), the words "within 12 months after the date of enactment of this Act" are omitted as executed. The words "When appropriate" are substituted for "and thereafter as appropriate" for clarity. The words "conduct an" are omitted as surplus. The words "any part of" are substituted for "in whole or in part" as being more precise and for consistency. The words "order the rate . . . removed" are substituted for "issue . . . orders requiring the removal" for clarity. The words "1978 and 1979" are substituted "for each of the 3 years following the date of enactment of this Act" as being more precise. Reference to the first year after enactment (1977) is omitted as executed. The words "
In subsection (d), the words "Secretary of Transportation" are substituted for "Secretary" for clarity in view of section 102(8) of the Railroad Revitalization and Regulatory Reform Act of 1976 (
Subsection (b) of 45:793 (note) is omitted as executed. The first sentence of subsection (d) of 45:793 (note) is omitted as unnecessary since 45:793 (note) is codified in the revised title. The 2d sentence of subsection (d) of 45:793 (note) is omitted as surplus in view of
References in Text
The effective date of the Staggers Rail Act of 1980, referred to in subsec. (e), probably means Oct. 1, 1980, the general effective date of
Amendments
1994—Subsec. (e).
1980—Subsec. (e).
Effective Date of 1980 Amendment
Amendment by
§10732. Food and grocery transportation
(a) Notwithstanding any other provision of law, it shall not be unlawful for a seller of food and grocery products using a uniform zone delivered pricing system to compensate a customer who picks up purchased food and grocery products at the shipping point of the seller if such compensation is available to all customers of the seller on a nondiscriminatory basis and does not exceed the actual cost to the seller of delivery to such customer.
(b) It is the sense of the Congress that any savings accruing to a customer by reason of compensation permitted by subsection (a) of this section should be passed on to the ultimate consumer.
(Added
Amendments
1988—Subsec. (b).
§10733. Rates for transportation of recyclable materials
(a) A motor carrier of property providing transportation subject to the jurisdiction of the Commission under subchapter II of
(b) In this section, "recyclable materials" means waste products for recycling or reuse in the furtherance of recognized pollution control programs.
(Added
Section Referred to in Other Sections
This section is referred to in
§10734. Car utilization
In order to encourage more efficient use of freight cars, notwithstanding any other provision of this subtitle, rail carriers shall be permitted to establish tariffs containing premium charges for special services or special levels of services not provided in any tariff otherwise applicable to the movement. The Commission shall facilitate development of such tariffs so as to increase the utilization of equipment.
(Added
Codification
Another section 10734 was renumbered
Effective Date
Section effective Oct. 1, 1980, see section 710(a) of
§10735. Household goods rates—estimates; guarantees of service
(a)(1) Subject to the provisions of paragraph (2) of this subsection, a motor common carrier providing transportation of household goods subject to the jurisdiction of the Commission under subchapter II of
(2) Any rate established under this subsection must be available on a nonpreferential basis to shippers and must not result in charges to shippers which are predatory.
(b)(1) Subject to the provisions of paragraph (2) of this subsection, a motor common carrier providing transportation of household goods subject to the jurisdiction of the Commission under subchapter II of
(2) Before a carrier may establish a rate for any service under paragraph (1) of this subsection, the Commission may require such carrier to have in effect and keep in effect, during any period such rate is in effect under such paragraph, a rate for such service which does not guarantee the pick up and delivery of household goods at the times specified in the contract for such services and which does not provide a penalty or per diem payment in the event the carrier fails to pick up or deliver household goods at the specified time.
(Added
Amendments
1994—Subsec. (b)(1).
SUBCHAPTER III—LIMITATIONS
§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
(b) A common carrier providing transportation or service subject to the jurisdiction of the Commission under
(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
(f) This section shall not apply to—
(1) contracts approved under
(2) surcharges or cancellations under
(3) separate rates for distinct rail services under
(4) rail rates applicable to different routes; or
(5) expenses authorized under
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10741(a) | 49:2. | Feb. 4, 1887, ch. 104, §2, |
| 10741(b)–(d) | 49:3(1). | Feb. 4, 1887, ch. 104, §3(1), |
| 49:316(d) (less 1st sentence). | Feb. 4, 1887, ch. 104, |
|
| 49:905(c). | Feb. 4, 1887, ch. 104, |
|
| 49:1004(b), (c). | Feb. 4, 1887, ch. 104, |
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
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).
1980—Subsec. (e).
Subsec. (f).
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§10742. Facilities for interchange of traffic
A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I or III of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10742 | 49:3(4) (less 1st sentence 2d cl., 2d sentence related to facilities). | Feb. 4, 1887, ch. 104, §3(4) (less 1st sentence 2d cl., 2d sentence related to facilities), |
| 49:905(d) (less 1st sentence 2d cl., 2d sentence related to facilities). | Feb. 4, 1887, ch. 104, |
The words "within its power to provide" are substituted for "according to their respective powers" for clarity. The words "between . . . a connecting line of another common carrier under either of those subchapters" are substituted for "between their respective lines and connecting lines" and for the last sentence of 49:3(4) and 905(d) for clarity.
Section Referred to in Other Sections
This section is referred to in
§10743. Payment of rates
(a) Except as provided in subsection (b) of this section, a common carrier (except a pipeline or sleeping car carrier) providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under this subtitle shall give up possession at destination of property transported by it only when payment for the transportation or service is made.
(b)(1) Under regulations of the Commission governing the payment for transportation and service and preventing discrimination, those carriers may give up possession at destination of property transported by them before payment for the transportation or service. The regulations of the Commission may provide for weekly or monthly payment for transportation provided by motor common carriers and for periodic payment for transportation provided by water common carriers.
(2) Such a carrier (including a motor common carrier being used by a household goods freight forwarder) may extend credit for transporting property for the United States Government, a State, a territory or possession of the United States, or a political subdivision of any of them.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10743 | 49:3(2) (1st sentence). | Feb. 4, 1887, ch. 104, |
| 49:323 (1st sentence). | Feb. 4, 1887, ch. 104, |
|
| 49:918 (1st sentence). | Feb. 4, 1887, ch. 104, |
|
| 49:1014. | Feb. 4, 1887, ch. 104, |
In subsection (a), the words "carrier . . . shall . . . only when" are substituted for "No carrier . . . shall . . . until" for consistency. The word "tariff" is omitted as unnecessary in view of subchapter I of
In subsection (b), the word "rules" is omitted for consistency. The words "from time to time" are omitted as surplus. The words "payment for transportation" are substituted for "rates and charges" for clarity. See the revision note to section 10101 of the revised title. The words "or service" are inserted, when referring to a freight forwarder, for consistency. The words "carrier . . . may" are substituted for "the provisions of this paragraph shall not be construed to prohibit any carrier" for clarity. The words "or for the District of Columbia" are omitted as unnecessary in view of the definition of "State" in section 10102 of the revised title. The word "Government" is substituted for "department, bureau, or agency thereof" for consistency.
Amendments
1986—Subsec. (b)(2).
Effective Date of 1986 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§10744. Liability for payment of rates
(a)(1) Liability for payment of rates for transportation for a shipment of property by a shipper or consignor to a consignee other than the shipper or consignor, is determined under this subsection when the transportation is provided by a rail, motor, or water common carrier under this subtitle. When the shipper or consignor instructs the carrier transporting the property to deliver it to a consignee that is an agent only, not having beneficial title to the property, the consignee is liable for rates billed at the time of delivery for which the consignee is otherwise liable, but not for additional rates that may be found to be due after delivery if the consignee gives written notice to the delivering carrier before delivery of the property—
(A) of the agency and absence of beneficial title; and
(B) of the name and address of the beneficial owner of the property if it is reconsigned or diverted to a place other than the place specified in the original bill of lading.
(2) When the consignee is liable only for rates billed at the time of delivery under paragraph (1) of this subsection, the shipper or consignor, or, if the property is reconsigned or diverted, the beneficial owner, is liable for those additional rates regardless of the bill of lading or contract under which the property was transported. The beneficial owner is liable for all rates when the property is reconsigned or diverted by an agent but is refused or abandoned at its ultimate destination if the agent gave the carrier in the reconsignment or diversion order a notice of agency and the name and address of the beneficial owner. A consignee giving the carrier, and a reconsignor or diverter giving a rail carrier, erroneous information about the identity of the beneficial owner of the property is liable for the additional rates.
(b) Liability for payment of rates for transportation for a shipment of property by a shipper or consignor, named in the bill of lading as consignee, is determined under this subsection when the transportation is provided by a rail or express carrier under this subtitle. When the shipper or consignor gives written notice, before delivery of the property, to the line-haul carrier that is to make ultimate delivery—
(1) to deliver the property to another party identified by the shipper or consignor as the beneficial owner of the property; and
(2) that delivery is to be made to that party on payment of all applicable transportation rates;
that party is liable for the rates billed at the time of delivery and for additional rates that may be found to be due after delivery if that party does not pay the rates required to be paid under clause (2) of this subsection on delivery. However, if the party gives written notice to the delivering carrier before delivery that the party is not the beneficial owner of the property and gives the carrier the name and address of the beneficial owner, then the party is not liable for those additional rates. A shipper, consignor, or party to whom delivery is made that gives the delivering carrier erroneous information about the identity of the beneficial owner, is liable for the additional rates regardless of the bill of lading or contract under which the property was transported. This subsection does not apply to a prepaid shipment of property.
(c)(1) A rail carrier may bring an action to enforce liability under subsection (a) of this section. That carrier must bring the action during the period provided in
(2) A water common carrier may bring an action to enforce liability under subsection (a) of this section. That carrier must bring the action by the end of the 2d year after the claim accrues or by end of the 6th month after final judgment against it in an action against the consignee or beneficial owner named by the consignee by the end of that 2-year period.
(3) A rail or express carrier may bring an action to enforce liability under subsection (b) of this section. That carrier must bring the action during the period provided in
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10744(a) | 49:3(2) (less 1st, 4th, and 6th sentences and 8th sentence last cl.). | Feb. 4, 1887, ch. 104, §3(2) (less 1st sentence), (3), |
| 49:323 (less 1st sentence). | Feb. 4, 1887, ch. 104, |
|
| 49:918 (less 1st, 4th, and 6th sentences). | Feb. 4, 1887, ch. 104, |
|
| 10744(b) | 49:3(3) (less 3d sentence). | |
| 10744(c)(1) | 49:3(2) (4th and 6th sentences and 8th sentence last cl.). | |
| 10744(c)(2) | 49:918 (4th and 6th sentences). | |
| 10744(c)(3) | 49:3(3) (3d sentence). |
In subsection (a), the first sentence is added in view of the consolidation: The word "When" is substituted for "Where" since it is more precise. The words "the consignee is liable for rates billed at the time of delivery for which the consignee is otherwise liable" are substituted for "such consignee shall not be legally liable for transportation charges in respect of the transportation of such property (beyond those billed against him at the time of delivery for which he is otherwise liable)" for clarity. The word "rates" is substituted for "charges" for consistency in view of the definition of "rate" in section 10102 of the revised title. The word "legally" is omitted as surplus. The words "but not for additional rates" are inserted for clarity. The words "of the fact" are omitted as surplus. The word "if" is substituted for "in the case of" for clarity. The word "place" is substituted for "point" as being more appropriate. The first clause of the 3d sentence is substituted for "In such cases" for clarity. The words "irrespective of any provisions to the contrary" are omitted as surplus. The words "notwithstanding the foregoing provisions of this paragraph" are omitted as unnecessary in view of the restatement. The words "property was transported" are substituted for "shipment was made" as being more precise.
In subsection (b), the first sentence is added for consistency in view of subsection (a) of the revised section. The last sentence is substituted for "(other than a prepaid shipment)" for clarity. The words "before delivery" are substituted for "prior to the time of delivery" since they are more precise. The words "after delivery if that party does not pay" are substituted for "and delivery is made . . . to such party without such payment" since they are more precise. The words "(as shipper, consignor, consignee, or otherwise)" are omitted as surplus. The words "in any event" are omitted as unnecessary. The word "However" is substituted for "except that". The words "A shipper . . . that gives . . . erroneous information . . . is liable" are substituted for "If the shipper . . . has given . . . erroneous information . . . such shipper . . . shall himself be liable" for clarity. The words "name and address of the beneficial owner" are substituted for "as to who the beneficial owner is" for clarity. The words "notwithstanding the foregoing provisions of this paragraph" are omitted as unnecessary in view of the restatement. The text of the last sentence of 49:3(3) is omitted since it is incorporated throughout the subsection.
In subsection (c), the words "by the end of" are substituted for "before the expiration of" for clarity.
Section Referred to in Other Sections
This section is referred to in
§10745. Continuous carriage of freight
A carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10745 | 49:7. | Feb. 4, 1887, ch. 104, §7, |
The words "may not enter" are substituted for "It shall be unlawful . . . to enter" for consistency. The word "contract" is omitted as included in "arrangement" to eliminate redundancy. The words "expressed or implied" are omitted as surplus. The word "freight" is substituted for "freights" for clarity. The words "The carriage of freight . . . is considered to be a continuous carriage . . . when a break of bulk, stoppage, or interruption is not made in good faith for a necessary purpose and with the intent of avoiding or unnecessarily interrupting the continuous carriage or of evading this subtitle" are substituted for "and no break of bulk, stoppage, or interruption made . . . shall prevent the carriage . . . from being and being treated as one continuous carriage . . . unless such break, stoppage, or interruption was made in good faith for some necessary purpose, and without any intent to avoid or unnecessarily interrupt such continuous carriage or to evade any of the provisions of this part" for clarity.
§10746. Transportation of commodities manufactured or produced by a rail carrier
A rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(1) is manufactured, mined, or produced by the carrier or under its authority; or
(2) is owned by the carrier or in which it has an interest.
However, a rail carrier may transport such an article or commodity when it is necessary and intended for use in the business of that carrier. This section does not apply to timber and products manufactured from timber.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10746 | 49:1(8). | Feb. 4, 1887, ch. 104, |
The words "rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
Section Referred to in Other Sections
This section is referred to in
§10747. Transportation services or facilities furnished by shipper
A carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10747 | 49:15(15). | Feb. 4, 1887, ch. 104, |
| 49:324a. | Feb. 4, 1887, ch. 104, |
|
| 49:914. | Feb. 4, 1887, ch. 104, |
|
| 49:1015. | Feb. 4, 1887, ch. 104, |
The words "A carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under
§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
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10748 | 49:15(5). | Feb. 4, 1887, ch. 104, |
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.
§10749. Exchange of services and limitation on use of common carriers by household goods freight forwarders
(a) A common carrier, or a motor contract carrier of property, providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under
(b) A household goods freight forwarder providing service subject to the jurisdiction of the Commission under subchapter IV of
(1) a rail, express, motor, or water common carrier, or motor contract carrier of property, providing transportation subject to the jurisdiction of the Commission under
(A) a motor common carrier providing exempt transportation under
(B) a water common carrier providing exempt transportation under
(2) an air carrier subject to the jurisdiction of the Secretary of Transportation under part A of subtitle VII of this title.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10749(a) | 49:1(5½). | Feb. 4, 1887, ch. 104, |
| 10749(b) | 49:1018. | Feb. 4, 1887, ch. 104, |
In subsection (a), the words "A common carrier . . . may" are substituted for "Nothing in this Act shall be construed to prevent any common carrier" for clarity. The words "under
In subsection (b), the words "may only use" are substituted for "It shall be unlawful" for clarity. The word "use" is substituted for "utilize" as being more precise. The words "subject to the jurisdiction of the Commission under subchapter IV of
The words "subject to the jurisdiction of the Civil Aeronautics Board under
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10749(b)(2) | 49 App.:1551(b) (1)(E). | Aug. 23, 1958, |
Section 4(j)(24) amends 49:10749(b)(2) to reflect the transfer under 49 App.:1551(b)(1)(E) of the remaining authority of the Civil Aeronautics Board to the Secretary of Transportation.
Amendments
1994—Subsec. (b)(2).
1986—
1984—Subsec. (b)(2).
1983—Subsec. (b).
1980—Subsec. (a).
Subsec. (b)(1).
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1983 Amendment
Amendment by
Termination of Civil Aeronautics Board and Transfer of Certain Functions
All functions, powers, and duties of the Civil Aeronautics Board were terminated or transferred by section 1551 of the Appendix to this title, effective in part on Dec. 31, 1981, in part on Jan. 1, 1983, and in part on Jan. 1, 1985.
Section Referred to in Other Sections
This section is referred to in
§10750. Demurrage charges
A rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(1) freight car use and distribution; and
(2) maintenance of an adequate supply of freight cars to be available for transportation of property.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10750 | 49:1(6) (last sentence). | Feb. 4, 1887, ch. 104, |
The words "rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
Section Referred to in Other Sections
This section is referred to in
§10751. Business entertainment expenses
(a) Any business entertainment expense incurred by a person providing transportation subject to the jurisdiction of the Commission under
(b) Any business entertainment expense authorized under this section that is paid or incurred by a person providing transportation subject to the jurisdiction of the Commission under
(c) Within 180 days after the date of enactment of the Motor Carrier Act of 1980, the Commission shall institute a rulemaking proceeding pursuant to which it shall issue rules establishing appropriate standards and guidelines for authorized business entertainment expenses under this section. Such standards and guidelines shall be consistent with standards and guidelines applicable under existing law to persons not subject to this subtitle, including competing unregulated surface transportation carriers.
(Added
References in Text
The date of enactment of the Motor Carrier Act of 1980, referred to in subsec. (c), is the date of enactment of
Amendments
1994—Subsec. (b).
1980—Subsecs. (a), (b).
Effective Date of 1980 Amendment
Amendment by
Retroactive Application of Provisions of Subsection (a) for Transportation by Rail
Section 215(b) of
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER IV—TARIFFS AND TRAFFIC
Subchapter Referred to in Other Sections
This subchapter is referred to in
§10761. Transportation prohibited without tariff
(a) Except as provided in this subtitle, a carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under
(b) The Commission may grant relief from subsection (a) of this section to contract carriers when relief is consistent with the public interest and the transportation policy of
(c) This section shall not apply to expenses authorized under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10761(a) | 49:6(7). | Feb. 4, 1887, ch. 104, §6(7), |
| 49:317(b) (less proviso), (d); 318(a) (3d sentence and 7th sentence less proviso). | Feb. 4, 1887, ch. 104, |
|
| 49:906(c) (less proviso), (d) (1st sentence), (e) (3d sentence and 7th sentence less proviso). | Feb. 4, 1887, ch. 104, |
|
| 49:1005(c) (less proviso), (e). | Feb. 4, 1887, ch. 104, |
|
| 10761(b) | 49:318(a) (7th sentence proviso, related to relief). | |
| 49:906(e) (7th sentence proviso, related to relief). |
The section consolidates and restates the source provisions for clarity.
In subsection (a), the words "Except as provided in this subtitle" are made applicable to all types of carriers although those words do not appear in 49:1005(e) for consistency. The word "transportation" is substituted for "service" in view of the definition of "transportation" in section 10102 of the revised title, but the word "service" is retained when referring to a freight forwarder for consistency. The words "a carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under
In subsection (b), the words "from subsection (a) of this section" are substituted for "from the provisions of this paragraph" in 49:318(a) and "from the provisions of this subsection" in 49:906(e) to conform to the revised title. The words "to such extent and for such time, and in such manner as in its judgment" are omitted as unnecessary in view of the restatement. The words "may begin a proceeding under this subsection" are substituted for "after hearing" in view of subchapter II of
Amendments
1994—Subsec. (a).
1980—Subsec. (c).
Section Referred to in Other Sections
This section is referred to in
§10762. General tariff requirements
(a)(1) A carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under
(2) Carriers that publish tariffs under paragraph (1) of this subsection shall keep them open for public inspection. A rate contained in a tariff filed by a common carrier providing transportation or service subject to the jurisdiction of the Commission under subchapter II, III, or IV of
(3) A motor common carrier of property (other than a motor common carrier providing transportation of household goods or in noncontiguous domestic trade) shall provide to the shipper, on request of the shipper, a written or electronic copy of the rate, classification, rules, and practices, upon which any rate agreed to between the shipper and carrier may have been based. When the applicability or reasonableness of the rates and related provisions billed by a motor common carrier is challenged by the person paying the freight charges, the Commission shall determine whether such rates and provisions are reasonable or applicable based on the record before it. In those cases where a motor common carrier (other than a motor common carrier providing transportation of household goods or in noncontiguous domestic trade) seeks to collect charges in addition to those billed and collected which are contested by the payor, the carrier may request that the Commission determine whether any additional charges over those billed and collected must be paid. A carrier must issue any bill for charges in addition to those originally billed within 180 days of the original bill in order to have the right to collect such charges.
(4) If a shipper seeks to contest the charges originally billed, the shipper may request that the Commission determine whether the charges originally billed must be paid. A shipper must contest the original bill within 180 days in order to have the right to contest such charges.
(5) Any tariff on file with the Commission on the date of enactment of the Trucking Industry Regulatory Reform Act of 1994 not required to be filed with the Commission after the enactment of that Act is null and void beginning on that date.
(b)(1) The Commission shall prescribe the form and manner of publishing, filing, and keeping tariffs open for public inspection under this section. The Commission may prescribe specific charges to be identified in a tariff published by a common carrier providing transportation or service subject to its jurisdiction under subchapter I, III, or IV of that chapter, but those tariffs must identify plainly—
(A) the places between which property and passengers will be transported;
(B) terminal, storage, and icing charges (stated separately) if a carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of that chapter;
(C) terminal charges if a common carrier providing transportation or service subject to the jurisdiction of the Commission under subchapter III or IV of that chapter;
(D) privileges given and facilities allowed; and
(E) any rules that change, affect, or determine any part of the published rate.
(2) A joint tariff filed by a carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of that chapter shall identify the carriers that are parties to it. The carriers that are parties to a joint tariff, other than the carrier filing it, must file a concurrence or acceptance of the tariff with the Commission but are not required to file a copy of the tariff. The Commission may prescribe or approve what constitutes a concurrence or acceptance.
(c)(1) When a common carrier (excluding a motor common carrier providing transportation of property other than household goods, under an individually determined rate, classification, rule, or practice defined in section 10102(13), or in a noncontiguous domestic trade) providing transportation or service subject to the jurisdiction of the Commission (A) under subchapter I of
(2) When a contract carrier (except a motor contract carrier of property) providing transportation subject to the jurisdiction of the Commission under subchapter II or III of
(3) A notice filed under this subsection shall plainly identify the proposed change or new or reduced rate and indicate its proposed effective date. In the case of a carrier other than a rail carrier and motor common carrier of passengers with respect to special or charter transportation, a proposed rate change or a new or reduced rate may not become effective for 30 days after the notice is published, filed, and held open as required under subsections (a) and (b) of this section. In the case of a rail carrier, a proposed rate change resulting in an increased rate or a new rate shall not become effective for 20 days after the notice is published and a proposed rate change resulting in a reduced rate shall not become effective for 10 days after the notice is published, except that a contract authorized under
(d)(1) The Commission may reduce the notice period of subsections (a) and (c) of this section if cause exists. The Commission may change the other requirements of this section if cause exists in particular instances or as they apply to special circumstances.
(2) The Commission may prescribe regulations for the simplification of tariffs by carriers providing transportation subject to its jurisdiction under subchapter I of
(e) The Commission may reject a tariff submitted to it by a common carrier under this section if that tariff violates this section or regulation of the Commission carrying out this section.
(f) The Commission may grant relief from this section to contract carriers when relief is consistent with the public interest and the transportation policy of
(g) The Commission shall streamline and simplify, to the maximum extent practicable, the filing requirements applicable under this section to motor common carriers of property with respect to transportation provided under certificates to which the provisions of section 10922(b)(4)(E) 1 of this title apply and to motor contract carriers of property with respect to transportation provided under permits to which the provisions of section 10923(b)(5) 1 of this title apply.
(h)
(i)
(j) Nothing in this section shall affect the application of the provisions of the Negotiated Rates Act of 1993 (or the amendments made by that Act) to undercharge claims for transportation provided prior to the date of enactment of the Trucking Industry Regulatory Reform Act of 1994.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10762(a) | 49:6(1) (1st and 2d sentences, and 3d sentence related to classifications). | Feb. 4, 1887, ch. 104, §6(1), (3), (4), (6), and (9), |
| 49:317(a) (1st and 2d sentences and 3d sentence 18th–29th words), 318(a) (2d sentence less words between 3d and 4th commas, 5th sentence, related to general requirements). | Feb. 4, 1887, ch. 104, |
|
| 49:906(a) (1st sentence), (b) (1st sentence), (e) (2d sentence, less words between 3d and 4th commas, 4th sentence, related to general requirements). | Feb. 4, 1887, ch. 104, |
|
| 49:1005(a) (1st sentence, 2d sentence 1st–10th, 23d–26th, and 51st–84th words), (b) (1st sentence). | Feb. 4, 1887, ch. 104, |
|
| 10762(b) | 49:6(1) (less 1st and 2d sentences, and less 3d sentence related to classifications), (4), (6) (1st sentence). | |
| 49:317(a) (3d sentence 1st–17th words), 318(a) (2d sentence words between 3d and 4th commas). | ||
| 49:906(a) (less 1st sentence), (b) (2d sentence 1st cl.), (e) (2d sentence words between 3d and 4th commas). | ||
| 49:1005(a) (less 1st sentence and 2d sentence 1st–10th, 23d–26th, and 51st–84th words), (b) (2d sentence, 1st cl.). | ||
| 10762(c) | 49:6(3) (words before 1st semicolon). | |
| 49:317(c) (1st and 2d sentences), 318(a) (5th sentence related to general requirements, 6th sentence). | ||
| 49:906(d) (2d and 3d sentences), (e) (4th sentence related to general requirements, 6th sentence). | ||
| 49:1005(d) (1st and 2d sentences). | ||
| 10762(d)(1) | 49:6(3) (1st proviso). | |
| 49:317(c) (less 1st and 2d sentences); 318(a) (5th sentence related to general requirements). | ||
| 49:906(d) (less 1st, 2d, and 3d sentences), (e) (5th sentence). | ||
| 49:1005(d) (less 1st and 2d sentences). | ||
| 10762(d)(2) | 49:6(3) (less words before 1st semicolon and 1st proviso), (6) (less 1st, 5th, and last sentences). | |
| 10762(e) | 49:6(6) (5th and last sentences), (9). | |
| 49:317(a) (less 1st and 2d sentences, and 3d sentence less 1st–29th words). | ||
| 49:906(b) (less 1st sentence and 2d sentence, 1st cl.). | ||
| 49:1005(b) (less 1st sentence and 2d sentence, 1st cl.). | ||
| 10762(f) | 49:318(a) (7th sentence proviso, related to relief). | |
| 49:906(e) (7th sentence proviso, related to relief). |
The section consolidates and restates the source provisions for clarity. The word "tariff" is substituted for "tariffs" and "schedules" for consistency and in view of the definition of "tariff" in section 10102. The word "rate" is substituted for "rates, fares, and charges" for consistency in view of the definition of "rate" in
In subsection (a), the words "A carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under
In subsection (b), the words "The Commission may prescribe specific charges to be identified in a tariff" are substituted for "all other charges which the Commission may require" for clarity. The words "must identify plainly" are substituted for "shall plainly state" for clarity. The words "a common carrier providing transportation or service subject to its jurisdiction under subchapter I, III, or IV of that chapter" are inserted to conform to the revised title. The word "given" is substituted for "granted" for consistency. The words "A joint tariff . . . shall identify the carriers that are parties to it" are substituted for "The names of the several carriers which are parties to any joint tariff shall be specified therein" in 49:6(4) for clarity. The 4th and 5th sentences of 49:6(1) are omitted as obsolete and unnecessary in view of the restatement.
Subsection (c) is divided into paragraphs to preserve the existing distinctions applicable to the different types of carriers. The words "When a . . . carrier . . . proposes to" are inserted for clarity. The words "the carrier shall publish, file, and keep open for public inspection a notice . . . as required under subsections (a) and (b) of this section" are substituted for "published as aforesaid" for clarity. The words "A notice . . . shall plainly identify" are substituted for "which shall plainly state" for clarity. The words "the proposed change . . . and indicate its proposed effective date" are substituted for "the changes proposed to be made in the schedule then in force and the time when the changed rates . . . will go into effect" for clarity. The words "for 30 days after the notice is published, filed, and held open as required under subsections (a) and (b) of this section" are substituted for "except after thirty days' notice" for clarity.
In subsection (d), the words "The Commission may reduce the 30-day period of subsections (a) and (c) of this section" are substituted for "the Commission may . . . allow changes upon less than the notice herein specified" for clarity. The words "in its discretion" are omitted as surplus. The words "change the other requirements of this section" are substituted for "modify the requirements of this section in respect to publishing, posting, and filing of tariffs" for clarity. The words "in particular instances or as they apply to special circumstances" are substituted for "either in particular instances or by a general order applicable to special or peculiar circumstances or conditions" because of the general authority to prescribe regulations under section 10321(a) of the revised subtitle. The words "may prescribe regulations for the simplification of tariffs by" are substituted for "is hereby authorized to make suitable rules and regulations for the simplification of schedules" in 49:6(3) for clarity. The words "carriers providing transportation subject to its jurisdiction under subchapter I of
In subsection (e), the word "may" is substituted for "is authorized" for clarity. The word "submitted" is substituted for "filed" and for the text of 49:6(9) for clarity. The words "under this section" are inserted for clarity. The word "violates" is substituted for "which is not in accordance" for clarity. The words "Any schedule so rejected by the Commission shall be void and its use shall be unlawful" are omitted as unnecessary in view of the restatement.
In subsection (f), the words "from this section" are substituted for "from the provisions of this paragraph" in 49:318(a) and "from the provisions of this subsection" in 49:906(e) to conform to the revised title. The words "to such extent and for such time, and in such manner as in its judgment" are omitted as unnecessary in view of the restatement. The words "may begin a proceeding under this subsection" are substituted for "after hearing" in view of subchapter II of
References in Text
The Negotiated Rates Act of 1993, referred to in subsecs. (a)(1) and (j), is
The Trucking Industry Regulatory Reform Act of 1994, referred to in subsec. (a)(1), is title II of
The date of enactment of the Trucking Industry Regulatory Reform Act of 1994, referred to in subsecs. (a)(1), (5) and (j), is the date of enactment of
The date of the enactment of this subsection, referred to in subsecs. (h) and (i), is the date of enactment of
Amendments
1994—Subsec. (a)(1).
Subsec. (a)(3) to (5).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (j).
1993—Subsecs. (h), (i).
1986—Subsec. (a)(2).
1982—Subsec. (c)(3).
1980—Subsec. (a)(1).
Subsec. (c)(3).
Subsec. (d)(1).
Subsec. (g).
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§10763. Designation of certain routes by shippers or Interstate Commerce Commission
(a)(1) When a person delivers property to a rail carrier for transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(A) there are at least 2 through routes over which the property could be transported;
(B) a through rate has been established for transportation over each of those through routes; and
(C) the carrier is a party to those routes and rates.
(2) A carrier directed to route property transported under paragraph (1) of this subsection must issue a through bill of lading containing the routing instructions and transport the property according to the instructions. When the property is delivered to a connecting carrier, that carrier must also receive and transport it according to the routing instructions and deliver it to the next succeeding carrier or consignee according to the instructions.
(b) If no direction is made under subsection (a) of this section, the Commission may designate the route over which the property may be transported after arrival at the end of the route of one carrier or at a junction with the route of another carrier when the property is to be delivered to another carrier for further transportation. The Commission may act under this subsection when the public interest and a fair distribution of traffic require that action.
(c) The Commission may prescribe exceptions to the authority of a person to direct the movement of traffic under subsection (a) of this section.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10763(a) | 49:15(10) (less words between 5th and 6th commas). | Feb. 4, 1887, ch. 104, |
| 10763(b) | 49:15(12). | |
| 10763(c) | 49:15(10) (words between 5th and 6th commas). |
In the section, the word "person" is substituted for "the person, firm, or corporation" and for "shipper" as being more inclusive.
In subsection (a)(1), the word "When" is substituted for "In all cases where" for clarity. The word "may" is substituted for "shall have the right" for clarity. The words "to a rail carrier for transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
In subsection (a)(1)(A), the words "there are at least 2 through routes over which the property could be transported" are substituted for "for transportation . . . to any point of destination, between which and the point of such delivery for shipment two or more through routes . . . shall have been established as in this chapter provided" for clarity.
In subsection (a)(1)(C), the words "the carrier is a party to those routes and rates" are substituted for "provided to which through routes and through rates such carrier is a party" for clarity.
In subsection (a)(2), the words "A carrier directed to route property" are substituted for "of the initial carrier" for clarity. The word "must" is substituted for "it shall thereupon be the duty" to reflect the condition precedent. The word "said" is omitted as surplus. The words "containing the routing instructions" are added for clarity and in view of their subsequent use in the proviso. The words "transport the property according to the instructions" are substituted for "to route said property . . . and to transport said property over its own line or lines and" for clarity. The words "When the property is delivered to a connecting carrier, that carrier must" are substituted for "deliver the same to a connecting line or lines according to such through route, and it shall be the duty of each of said connecting carriers" for clarity.
In subsection (b), the words "If no direction is made under subsection (a) of this section" are substituted for "With respect to traffic not routed by the shipper" for consistency. The words "may be transported" are substituted for "shall take" for clarity. The words "end of the route" are substituted for "terminus" for clarity. The words "another carrier for further transportation" are substituted for "there delivered to another carrier" for clarity.
In subsection (c), the words "The Commission may prescribe exceptions to the authority of a person to direct the movement of traffic under subsection (a) of this section" are substituted for "subject to such exceptions and regulations as the Interstate Commerce Commission shall from time to time prescribe" for clarity.
§10764. Arrangements between carriers: copy to be filed with Interstate Commerce Commission
(a)(1) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(2) When the Commission finds that filing a class of arrangements by a carrier subject to its jurisdiction under subchapter I of that chapter is not necessary in the public interest, the Commission may except the class from paragraph (1) of this subsection.
(b) The Commission may disclose the existence or contents of an arrangement between a contract carrier and a shipper filed under subsection (a) of this section only if the disclosure is—
(1) limited to those parts of the arrangement that are necessary to indicate the extent of its failure to conform to a tariff then in effect under
(2) consistent with the public interest and made as a part of the record in a formal proceeding.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10764(a) | 49:6(5). | Feb. 4, 1887, ch. 104, §6(5), |
| 49:320(a) (3d sentence). | Feb. 4, 1887, ch. 104, |
|
| 49:913(b) (1st sentence). | Feb. 4, 1887, ch. 104, |
|
| 49:1012(a) (last sentence). | Feb. 4, 1887, ch. 104, |
|
| 10764(b) | 49:320(a) (less 1st, 2d, and 3d sentences). | |
| 49:913(b) (less 1st sentence). |
The section consolidates and restates the source provisions for clarity. The word "arrangement" is substituted for "contracts", "agreements", and "arrangements" as being more inclusive. The word "transportation" is substituted for "facilities", "service", and "traffic" for clarity and in view of the definition of "transportation" in section 10102 of the revised title.
In subsection (a), the words "to which it may be a party" in 49:6(5) are omitted as unnecessary in view of the restatement. The word "subtitle" is substituted for "the provisions of this chapter" to conform to the revised title. The words "any other carrier" in 49:320(a) and 1012(a) are omitted as unnecessary in view of the restatement. The word "each" is substituted for "all" for clarity. The word "another" is substituted for "other" for clarity. The words "Provided, however" in 49:6(5) are omitted as unnecessary in view of the restatement. The words "by regulations" in 49:6(5) are omitted as unnecessary in view of
In subsection (b), the words "may . . . only if" are substituted for "shall not . . . unless" for clarity. The word "disclose" is substituted for "make public" for clarity. The words "the existence or contents of an arrangement" are substituted for "any . . . arrangement . . . or any of the terms or conditions thereof" for clarity. The word "except" is omitted in view of the restatement. The words "Provided, That if it appears from an examination" and "in its discretion" are omitted as unnecessary in view of the restatement. The word "parts" is substituted for "portions" as being more appropriate. The words "the extent of its failure" are substituted for "to disclose such failure and the extent thereof" for clarity. The words "tariff that is then in effect under
Section Referred to in Other Sections
This section is referred to in
§10765. Water transportation under arrangements with certain other carriers
(a) The Interstate Commerce Commission may require a common carrier providing transportation or service subject to its jurisdiction under
(b) A carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10765(a) | 49:6(12). | Feb. 4, 1887, ch. 104, §6(2), (12), |
| 10765(b) | 49:6(2). |
In subsection (a), the words "a common carrier providing transportation or service subject to its jurisdiction under
In subsection (b), the words "A carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of
Section Referred to in Other Sections
This section is referred to in
§10766. Freight forwarder traffic agreements
(a) A household goods freight forwarder providing service subject to the jurisdiction of the Interstate Commerce Commission under subchapter IV of
(b) A household goods freight forwarder providing service subject to the jurisdiction of the Commission under that subchapter may contract with motor common carriers, and motor contract carriers of property, providing transportation subject to the jurisdiction of the Commission under subchapter II of that chapter, to provide transportation for the forwarder. A copy of that contract must be filed with the Commission. The contract may govern use by the household goods freight forwarder of the services and instrumentalities of the motor common carrier or the motor contract carrier of property and the compensation to be paid for the transportation. However, the parties to a contract must establish reasonable conditions and compensation that are consistent with the transportation policy of
(c)
(1) a rail carrier,
(2) a water common carrier providing transportation subject to the Shipping Act, 1916 (
(3) a motor common carrier providing transportation subject to the jurisdiction of the Commission under subchapter II of such chapter,
(4) a motor contract carrier of property providing transportation subject to the jurisdiction of the Commission under such subchapter II, and
(5) a shipper.
(d) The Commission may begin a proceeding under this section on its own initiative or on complaint.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10766(a) | 49:1004(d) (less words between 4th and 5th commas). | Feb. 4, 1887, ch. 104, |
| 10766(b) | 49:1009(a), (b) (less 2d sentence 1st–10th words). | |
| 10766(c) | 49:1004(d) (words between 4th and 5th commas). | |
| 49:1009(b) (2d sentence 1st–10th words). |
In subsection (a), the word "may" is substituted for "Nothing in this chapter shall be construed to prohibit" for clarity. The word "agree" is substituted for "entering into an agreement" for clarity. The words "places served under this subtitle" are substituted for "points in transportation subject to this chapter" for clarity. The word "However" is substituted for "except that" for clarity. The word "changes" is substituted for "modification" for clarity.
In subsection (b), the word "may" is substituted for "Nothing in this Act shall be construed to prevent" for clarity. The words "contract with" are substituted for "entering into or continuing . . . under contracts" for clarity. The words "Provided, That" and "And provided further, That" are omitted as surplus. The words "parties to a contract must" are substituted for "in the case of such contracts it shall be the duty of the parties thereto" for clarity. The words "just and equitable" are omitted as surplus. The words "unreasonably discriminate against a party" are substituted for "unduly prefer or prejudice any of such participants" for clarity and as being more inclusive. See the revision note to section 10101 of the revised title. The words "When a contract under this subsection governs" are substituted for "in the case of" for clarity. The words "where such line-haul transportation is" are omitted as unnecessary. The words "at least 450 highway miles" are substituted for "of four hundred and fifty highway miles or more" for clarity. The words "the compensation paid . . . under the contract may not be less" are substituted for "such contracts shall not permit payment . . . of compensation which is lower than" for clarity. The word "rate" is substituted for "rates or charges" in view of the definition of "rate" in section 10102 of the revised title. The words "under this chapter" are substituted for "under
In subsection (c), the word "proceeding" is substituted for "hearing" in view of subchapter II of
References in Text
The date of the enactment of the Surface Freight Forwarder Deregulation Act of 1986, referred to in subsec. (c), is the date of enactment of
The Shipping Act, 1916, referred to in subsec. (c)(2), is act Sept. 7, 1916, ch. 451,
The Intercoastal Shipping Act, 1933, referred to in subsec. (c)(2), is act Mar. 3, 1933, ch. 199,
Amendments
1986—Subsecs. (a), (b).
Subsecs. (c), (d).
1980—Subsec. (b).
Effective Date of 1986 Amendment
Amendment by
§10767. Billing and collecting practices
(a)
(b)
(c)
(Added
References in Text
The date of the enactment of this section, referred to in subsec. (a), is the date of enactment of
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER V—VALUATION OF PROPERTY
Subchapter Referred to in Other Sections
This subchapter is referred to in
§10781. Investigation and report by Interstate Commerce Commission
(a) The Interstate Commerce Commission shall investigate, establish, and report the value of all property owned or used by each carrier providing transportation subject to its jurisdiction under subchapter I of
(1) inventory and list the property of that carrier in detail;
(2) indicate the value established under
(3) classify the physical property under classifications that conform, as nearly as practicable, to the classification of expenditures prescribed by the Commission for railroads and equipment.
(b) Except as provided in subsection (a) of this section, the Commission may prescribe—
(1) the procedure to be followed when conducting an investigation under this subchapter;
(2) the form in which to submit the results of the valuation; and
(3) the classification of the elements that make up the established value.
The report for each investigation conducted under this subchapter shall indicate the value of the property of each common carrier as a whole and separately identify the value of its property in each State and territory and possession of the United States in which the property is located.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10781(a) | 49:19a(a) (1st and last sentences). | Feb. 4, 1887, ch. 104, |
| 10781(b) | 49:19a(c). |
In subsection (a), the word "establish" is substituted for "ascertain" as being more appropriate. The word "each" is substituted for "every" for clarity. The words "providing transportation subject to its jurisdiction under subchapter I of
In subsection (b), the cross reference to subsection (a) is substituted for "herein otherwise provided" for clarity. The words "Commission may" are substituted for "the Commission shall have the power to" for clarity. The words "method of" are omitted as surplus. The words "when conducting" are substituted for "in the conduct of the" to reflect the continued applicability of 49:19a. The words "to submit" are substituted for "shall be submitted" for clarity. The word "established" is substituted for "ascertained" for consistency. The words "The report for" are inserted for clarity. The words "territory and possession" are substituted for "Territories" for consistency. The words "classified and in detail as herein required" are omitted as surplus.
Section Referred to in Other Sections
This section is referred to in
§10782. Requirements for establishing value
(a) In carrying out an investigation of a common carrier required under
(1) establish, for each piece of property except land owned or used by the carrier as a common carrier, the original cost to date, cost of reproduction new and cost of reproduction less depreciation, and analyze the methods used to establish those costs and the reasons for differences among them;
(2) establish other values, and elements of value, of that property and analyze the methods used to establish them and the reasons for differences between them and the cost values established under clause (1) of this subsection;
(3) establish separately from improvements, the original cost on the date of dedication to public use, of all lands, rights of way, and terminals owned or used by the carrier as a common carrier and establish their current value;
(4) identify property not held by the carrier as a common carrier, its original cost, and current value and analyze the methods of valuation used;
(5) establish the amount and value of assistance or grant of right of way made to the carrier, or to a previous corporation that operated its property, by the United States Government or by a State, county, or municipal government, or by an individual, association, or corporation and the amount and value of any concession and allowance made by the United States Government or another of those governments in consideration of that assistance; and
(6) identify the grants of land to that carrier, or to a previous corporation that operated its property, by the United States Government, or by a State, county, or municipal government, the amount of money derived from the sale of part of those grants, the value of the unsold parts (established as of the date acquired and currently), and the amount and value of any concession and allowance made by the carrier to the United States Government, or another of those governments, in consideration of that assistance or grant of land.
(b) The Commission may prescribe elements to consider in establishing the cost to date of property owned or used by a carrier. However, in establishing that cost, the Commission shall investigate and include in those elements—
(1) the history and organization of the corporation that currently operates the property and of previous corporations that also operated that property;
(2) increases or decreases of securities during reorganization of that corporation or such a previous corporation;
(3) money received through the issuance of securities by that corporation or such a previous corporation;
(4) syndicating, banking, and other financial arrangements under which those securities were issued and the expenses thereof;
(5) the net and gross earnings of those corporations; and
(6) the expenditure of all money and the purposes of those expenditures in as much detail as the Commission determines to be necessary.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10782(a) | 49:19a(b) (less 4th par.). | Feb. 4, 1887, ch. 104, |
| 10782(b) | 49:19a(b) (4th par.). |
In subsection (a), the words "First.", "Second.", "Third.", "Fourth.", and "Fifth." are omitted as unnecessary in view of the restatement. The words "investigation of a common carrier required under
In subsection (a)(3), the words "establish separately" are substituted for "state in detail and separately" for clarity and consistency.
In subsection (a)(4), the word "identify" is substituted for "show separately" for clarity. The word "current" is substituted for "present" as being more appropriate.
In subsection (a)(5) and (6), the word "assistance" is substituted for "aid, gift, . . . donation" as being inclusive. In subsection (a)(5), the words "grant of right-of-way" are retained because they refer to an interest in land. In subsection (a)(6), the word "part" is substituted for "portion" for consistency. The word "also" is omitted as surplus.
In subsection (b), the words "The Commission may prescribe elements to consider in establishing" are substituted for "to such other elements as it may deem necessary" for clarity. The words "in addition" are omitted as surplus. The words "as the Commission determines to be necessary" are substituted for "in such detail as may be determined by the Commission" for clarity.
Section Referred to in Other Sections
This section is referred to in
§10783. Cooperation and assistance of carriers
(a) Each common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(1) give to the Commission maps, profiles, contracts, engineering reports, and other records to assist it in investigating and establishing the value of that carrier's property; and
(2) assist the Commission in valuing property under this subchapter in other ways, including giving its agents free access to its right-of-way, property, and records on request.
(b) A rail carrier whose property is being valued under this subchapter shall—
(1) transport employees of the United States Government who are making surveys and other examinations of the physical property of that carrier in the course of that valuation when reasonably required by them in the actual discharge of their duties;
(2) transport and store the cars of the United States Government that are used to house and maintain those employees when reasonably required during the valuation; and
(3) transport supplies necessary to maintain those employees and the property of the United States Government actually used on the railroad during the valuation.
(c) The transportation required to be provided under subsection (b) of this section is considered a special service for which the Commission may prescribe the compensation to be paid. A rail carrier shall give the Commission an accurate accounting of the transportation provided under this section when required by the Commission.
(d) The Commission shall keep records compiled under this subchapter open for public inspection. However, the Commission may order those records closed to the public but must state its reasons for closing them.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10783(a) | 49:19a(e) (less last sentence). | Feb. 4, 1887, ch. 104, |
| 10783(b), (c) | 49:52. | Aug. 1, 1914, ch. 223, §1 (5th full par.), |
| 10783(d) | 49:19a(e) (last sentence). |
In subsection (a), the words "Each common carrier . . . shall cooperate with and assist" are substituted for "and every common carrier is directed and required to cooperate with and aid" for clarity. The words "or its agents" are omitted as surplus. The words "from time to time" are omitted as surplus. The words "other records" are substituted for "and any other documents, records, and papers, or copies of any or all of the same" as being more inclusive. The word "establishing" is substituted for "determination" for consistency.
In subsection (a)(2), the words "and shall grant to all agents of the Commission free access to its right-of-way, its property, and its accounts, records, and memoranda whenever and wherever requested by any such duly authorized agent" and "in such further particulars and to such extent as the Commission may require and direct" are restated and consolidated for clarity. The words "its agents" are retained in view of the context. The words "all rules and regulations made by the Commission for the purpose of administering the provisions of the section and
In subsection (b), the words "a rail carrier . . . shall" are substituted for "It shall be the duty of every common carrier by railroad" for clarity. The words "employees of the United States Government" are substituted for "the engineers, field parties, and other employees of the United States" since it is more inclusive. The words "in the course of that valuation" are substituted for "to execute said section" for clarity. The words "from point to point on said railroad" are omitted as surplus. The word "also" is omitted as surplus. The word "transport" is substituted for "move" and "carry" for consistency. The word "during" is substituted for "in said work of" for clarity.
In subsection (c), the words "the Commission may prescribe the compensation to be paid" are substituted for "shall be rendered under such forms and regulations and for such reasonable compensation as may be prescribed by the Interstate Commerce Commission" and "as will insure an accurate record and account of the services rendered by the railroad" for clarity. The words "such forms" are omitted as included in "regulations". The words "A rail carrier shall give the Commission an accurate accounting of the transportation provided" are substituted for "and such evidence of transportation, bills of lading, and so forth, shall be furnished to the Commission as may from time to time be required by the Commission" for clarity.
In subsection (d), the word "records" is substituted for "records and data" as being more inclusive and for consistency. The words "compiled under this subchapter" are inserted for clarity. The word "inspection" is substituted for "inspection and examination" to eliminate redundancy. The words "However, the Commission may order those records closed" are substituted for "Unless otherwise ordered by the Commission" for clarity.
§10784. Revision of property valuations
(a) When the Interstate Commerce Commission completes an initial valuation of property under this subchapter, it shall keep itself informed of new construction, changes in condition, quantity, use, and classification of property on which an initial valuation was made and the cost of all improvements to, and changes in investment, in that property. The Commission may keep itself informed of current changes in costs and values of railroad property to carry out this section. When necessary, the Commission may correct, revise, and supplement an inventory or valuation of property it has made.
(b) The Commission may order a carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10784(a) | 49:19a(f). | Feb. 4, 1887, ch. 104, |
| 10784(b) | 49:19a(g). |
In subsection (a), the words "When the . . . Commission completes an initial valuation of property under this subchapter" are substituted for "Upon completion of the original valuations herein provided for" for clarity. The word "initial" is substituted for "original" as being more appropriate. The words "to carry out this section" as substituted for "in order that it may have available at all times the information deemed by it to be necessary to enable it to" in view of the restatement of 49:19a(f).
In subsection (b), the words "To enable . . . the provisions of" are omitted as surplus. The words "this section" is substituted for "paragraph (f) of this section" in view of the restatement. The word "needed" is added for clarity.
Pub. L. 96–258
This amends section 10784(a) by making a technical change to conform to the source provision to make it clear that the Commission has the discretionary authority to correct, revise, and supplement inventories and valuations.
Amendments
1980—Subsec. (a).
Effective Date of 1980 Amendment
Amendment by
§10785. Finality of valuation: notice, protest, and review
(a) The Interstate Commerce Commission shall notify the carrier, the Attorney General, and the chief executive officer of each State in which property being valued under this subchapter is located, of the completion of a tentative valuation of that property. The Commission may also notify other parties. The notice must be sent by certified mail and must indicate the valuation established for each of that carrier's classes of property. A valuation of property under this subchapter becomes final if a protest is not filed within 30 days after notice of the tentative valuation of that property is given. When the tentative valuation becomes final under this subsection, the effective date is the date of the tentative valuation.
(b) When a carrier files a protest of a tentative valuation, the Commission shall begin a proceeding to consider the protest. If the Commission decides that a tentative valuation should be changed, it may make the necessary changes. The tentative valuation, as changed, becomes final and is effective on the date of the final action of the Commission under this subsection.
(c) The Commission shall publish final valuations and classifications of property established under this subchapter. A final valuation or classification that has become effective under this subchapter is prima facie evidence of the value of the property in a proceeding under this subtitle and in a judicial proceeding to enforce, enjoin, set aside, annul, or suspend an action of the Commission.
(d) When evidence is introduced at the trial of an action involving a final valuation of property established by the Commission and found by the court to be different from the evidence offered to the Commission during a proceeding under subsection (b) of this section or in addition to that evidence and substantially affecting the valuation, the court shall send a copy of that evidence to the Commission and stay further proceedings in the action. The court may determine the duration of the stay of proceedings. The Commission shall consider the evidence and may change the final valuation established under this subchapter. The Commission shall complete its action and report to the court in the time determined by the court. If the Commission changes the valuation, the court must substitute the valuation as changed for the original valuation and give its judgment on the substituted valuation. If the Commission does not change the original valuation, the court must give judgment on the original valuation.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10785(a) | 49:19a(h). | Feb. 4, 1887, ch. 104, |
| 10785(b), (c) | 49:19a(i). | |
| 10785(d) | 49:19a(j). |
In subsection (a), the words "shall notify" are substituted for "shall give notice" for clarity. The words "of the United States" are omitted as surplus. The words "chief executive officer" are substituted for "governor" in view of the inclusion of the District of Columbia. The words "each State" are substituted for "of any State" as being more appropriate. The words "of the completion of a tentative valuation" are substituted for "Whenever . . . shall have completed the tentative valuation" for clarity. The words "The Commission may also notify other parties" are substituted for "and to such additional parties as the Commission may prescribe" for clarity and consistency in view of the general power of the Commission to carry out the revised subtitle and to prescribe regulations under section 10321 of the revised title. The words "The notice must be sent" are inserted for clarity. The word "registered" is omitted as unnecessary since it refers to an inappropriate class of mail. The words "established for" are substituted for "placed upon" for clarity. The word "several" is omitted as surplus. The words "A valuation of property under this subchapter becomes final" are inserted for clarity. The words "as herein directed, and before such valuation shall become final" and "and shall allow thirty days in which to file a protest of the same with the Commission" are omitted as unnecessary in view of the restatement. The words "When the tentative valuation becomes final under this section" are substituted for "If no protest is filed within thirty days" in view of the restatement. The words "the effective date is the date of the tentative valuation" are substituted for "said valuation shall become final as of the date thereof" for clarity.
In subsection (b), the word "When" is substituted for "If" as more appropriate. The words "notice of" are omitted as surplus. The words "begin a proceeding to consider the protest" are substituted for "fix a time for hearing the same, and shall proceed as promptly as may be to hear and consider any matter relative and material thereto which may be presented in support of any such protest so filed as aforesaid" in view of subchapter II of
In subsection (d), the word "When" is substituted for "If upon" for clarity. The word "established" is substituted for "fixed" for consistency. The words "is introduced" are substituted for "shall be introduced" to put the sentence in the active voice. The words "during a proceeding under subsection (b) of this section" are substituted for "hearing before the Commission" as being more precise. The word "send" is substituted for "transmit" for clarity. The words "before proceeding to render judgment" are omitted as surplus in view of the restatement of 49:19a(j). The words "from the date of such transmission" are omitted as surplus. The words "Upon the receipt of such evidence" are omitted as surplus. The words "may change the final valuation established under this subchapter" are substituted for "may fix a final value different from the one fixed in the first instance, and may alter, modify, amend or rescind any order which it has made involving said final value" for clarity and consistency in view of subchapter II of
§10786. Applicability
In addition to common carriers providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10786 | 49:19a(k) (1st sentence). | Feb. 4, 1887, ch. 104, |
The words "In addition to common carriers providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
CHAPTER 109 —LICENSING
SUBCHAPTER I—RAILROADS AND FERRIES
SUBCHAPTER II—OTHER CARRIERS AND MOTOR CARRIER BROKERS
Amendments
1994—
1986—
1982—
1980—
Chapter Referred to in Other Sections
This chapter is referred to in
SUBCHAPTER I—RAILROADS AND FERRIES
§10901. Authorizing construction and operation of railroad lines
(a) A rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(1) construct an extension to any of its railroad lines;
(2) construct an additional railroad line;
(3) acquire or operate an extended or additional railroad line; or
(4) provide transportation over, or by means of, an extended or additional railroad line;
only if the Commission finds that the present or future public convenience and necessity require or permit the construction or acquisition (or both) and operation of the railroad line.
(b) A proceeding to grant authority under subsection (a) of this section begins when an application is filed. On receiving the application, the Commission shall—
(1) send a copy of the application to the chief executive officer of each State that would be directly affected by the construction or operation of the railroad line;
(2) send an accurate and understandable summary of the application to a newspaper of general circulation in each area that would be affected by the construction or operation of the railroad line;
(3) have a copy of the summary published in the Federal Register;
(4) take other reasonable and effective steps to publicize the application; and
(5) indicate in each transmission and publication that each interested person is entitled to recommend to the Commission that it approve, deny, or take other action concerning the application.
(c)(1) If the Commission—
(A) finds public convenience and necessity, it may—
(i) approve the application as filed; or
(ii) approve the application with modifications and require compliance with conditions the Commission finds necessary in the public interest; or
(B) fails to find public convenience and necessity, it may deny the application.
(2) On approval, the Commission shall issue to the rail carrier a certificate describing the construction or acquisition (or both) and operation approved by the Commission.
(d)(1) Where a rail carrier has been issued a certificate of public convenience and necessity by the Commission authorizing the construction or extension of a railroad line, no other rail carrier may block such construction or extension by refusing to permit the carrier to cross its property if (A) the construction does not unreasonably interfere with the operation of the crossed line, (B) the operation does not materially interfere with the operation of the crossed line, and (C) the owner of the crossing line compensates the owner of the crossed line.
(2) If the carriers are unable to agree on the terms of operation or the amount of payment for purposes of paragraph (1) of this subsection, either party may submit the matters in dispute to the Commission for determination.
(e) The Commission may require any rail carrier proposing both to construct and operate a new railroad line pursuant to this section to provide a fair and equitable arrangement for the protection of the interests of railroad employees who may be affected thereby no less protective of and beneficial to the interests of such employees than those established pursuant to
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10901(a) | 49:1(18)(a) (less words related to certificates and less last sentence). | Feb. 4, 1887, ch. 104, |
| 10901(b) | 49:1(18)(a) (last sentence). | |
| 10901(c) | 49:1(18)(a) (related to certificates), (b). |
In subsection (a)(1) and (2), the word "undertake" is omitted as unnecessary.
In subsection (a), after clause (4), the words "such extended or additional" are omitted as surplus. The words "or acquisition (or both)" are inserted for clarity and consistency with clause (3).
In subsection (b), the first sentence is inserted for clarity. The word "deny" is substituted for "disapprove" for consistency.
In the introductory matter of subsection (c), before clause (1), the first 2 sentences of 49:1(18)(b) are omitted as unnecessary in view of section 10321(a) of the revised title giving the Commission general authority to carry out the subtitle and prescribe regulations. The words "terms and" are omitted as unnecessary.
In subsection (c)(2), the words "or acquisition (or both)" are inserted for clarity and consistency with subsection (a).
Amendments
1980—Subsec. (a).
Subsecs. (d), (e).
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§10902. Authorizing action to provide adequate, efficient, and safe facilities
The Interstate Commerce Commission may authorize a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10902 | 49:1(18)(c). | Feb. 4, 1887, ch. 104, |
In the first sentence, the words "after issuance of a certificate under
Section Referred to in Other Sections
This section is referred to in
§10903. Authorizing abandonment and discontinuance of railroad lines and rail transportation
(a) A rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(1) abandon any part of its railroad lines; or
(2) discontinue the operation of all rail transportation over any part of its railroad lines;
only if the Commission finds that the present or future public convenience and necessity require or permit the abandonment or discontinuance. In making the finding, the Commission shall consider whether the abandonment or discontinuance will have a serious, adverse impact on rural and community development.
(b)(1) Subject to
(A) finds public convenience and necessity, it shall—
(i) approve the application as filed; or
(ii) approve the application with modifications and require compliance with conditions that the Commission finds are required by public convenience and necessity; or
(B) fails to find public convenience and necessity, it shall deny the application.
(2) On approval, the Commission shall issue to the rail carrier a certificate describing the abandonment or discontinuance approved by the Commission. Each certificate shall also contain provisions to protect the interests of employees. The provisions shall be at least as beneficial to those interests as the provisions established under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10903(a) (less last sentence) | 49:1a(1) (1st sentence less words related to certificates). | Feb. 4, 1887, ch. 104, |
| 10903(a) (last sentence) | 49:1a(4)(a) (words following the period). | |
| 10903(b) | 49:1a(1) (1st sentence, words related to certificates), (4) (less the words following the period in subsection (a) and less the last 2 sentences). | |
| 10903(c) | 49:1a(4) (last 2 sentences). |
In subsection (a), the phrases "(hereafter in this section referred to as 'abandonment')" and "(hereafter referred to as 'discontinuance')" are omitted as unnecessary. The last sentence is restated for consistency.
Subsection (b) restates the source provisions for clarity and consistency. The first sentence and the words "Subject to
In subsection (c), the words "Except as otherwise provided in
Amendments
1994—Subsec. (b)(2).
1984—Subsec. (b)(2).
1980—Subsec. (b)(1).
Subsec. (c).
Effective Date of 1980 Amendment
Amendment by
Railroad Branchline Abandonments by Burlington Northern Railroad in North Dakota
Section Referred to in Other Sections
This section is referred to in
§10904. Filing and procedure for applications to abandon or discontinue
(a)(1) An application for a certificate of abandonment or discontinuance under
(2) When a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of
(A) an accurate and understandable summary of the rail carrier's application and the reasons for the proposed abandonment or discontinuance;
(B) a statement indicating that each interested person is entitled to recommend to the Commission that it approve, deny, or take other action concerning the application; and
(C)(i) a statement that the line is available for subsidy or sale in accordance with
(3) The rail carrier shall—
(A) send by certified mail a copy of the notice of intent to the chief executive officer of each State that would be directly affected by the proposed abandonment or discontinuance;
(B) post a copy of the notice in each terminal and station on each portion of a railroad line proposed to be abandoned or over which all transportation is to be discontinued;
(C) publish a copy of the notice for 3 consecutive weeks in a newspaper of general circulation in each county in which each such portion is located;
(D) mail a copy of the notice, to the extent practicable, to all shippers that have made significant use (as designated by the Commission) of the railroad line during the 12 months preceding the filing of the application; and
(E) attach to the notice filed with the Commission an affidavit certifying the manner in which clauses (A)–(D) of this paragraph have been satisfied, and certifying that clauses (A)–(D) have been satisfied within the most recent 30 days prior to the date the application is filed.
(b) If no protest is received within 30 days after the application is filed, the Commission shall find that the public convenience and necessity require or permit the abandonment or discontinuance. In such a case, the Commission shall, within 45 days after the application is filed, issue a certificate which permits the abandonment or discontinuance to occur within 75 days after the application is filed.
(c)(1) If a protest is received within 30 days after the application is filed, the Commission shall, within 45 days after the application is filed, determine whether an investigation is needed to assist in determining what disposition to make of the application.
(2) If the Commission decides that no investigation is to be undertaken, the Commission shall, within 75 days after the application is filed, decide whether the present or future public convenience and necessity require or permit the abandonment or discontinuance, taking into consideration the application of the rail carrier and any materials submitted by protestants. If the Commission finds that the present or future public convenience and necessity require or permit the abandonment, it shall, within 90 days after the date of application, issue a certificate which permits the abandonment or discontinuance to occur within 120 days after the application is filed.
(3) If the Commission decides that an investigation should be undertaken under this section, the investigation must be completed within 135 days, and an initial decision must be rendered within 165 days, after the date the application is filed. Thirty days after such decision, the initial decision shall become the final decision of the Commission unless, during the interim, the Commission decides to hear appeals. If an initial decision is appealed and considered by the Commission, the Commission shall issue a final decision within 255 days after the date of application. Whenever the Commission decides upon investigation that the present or future public convenience and necessity require or permit the abandonment or discontinuance of rail service, it shall, within 15 days of the final decision, issue a certificate which permits the abandonment or discontinuance to occur within 75 days of the date of the final decision.
(4) The effective date of any certificate which permits abandonment or discontinuance may be stayed by the Commission pursuant to the provisions of
(d)(1) The burden is on the person applying for the certificate to prove that the present or future public convenience and necessity require or permit the abandonment or discontinuance.
(2) For applications approved by the Secretary of Transportation as part of a plan or proposal under section 333(a)–(d) of this title, the Commission shall consider whether any detriment from the abandonment or discontinuance exceeds the transportation benefit from the plan or proposal as a whole.
(e)(1) In this subsection, "potentially subject to abandonment" has the meaning given the term in regulations of the Commission. The regulations may include standards that vary by region of the United States and by railroad or group of railroads.
(2) Each rail carrier shall maintain a complete diagram of the transportation system operated, directly or indirectly, by the carrier. The carrier shall submit to the Commission and publish amendments to its diagram that are necessary to maintain the accuracy of the diagram. The diagram shall—
(A) include a detailed description of each of its railroad lines potentially subject to abandonment; and
(B) identify each railroad line for which the carrier plans to file an application for a certificate under subsection (a) of this section.
(3) If an application for a certificate is opposed by—
(A) a shipper or other person that has made significant use (as determined by the Commission) of the railroad line involved in the proposed abandonment or discontinuance during the 12-month period before the filing of the application for a certificate; or
(B) a State or political subdivision of a State in which any part of the railroad line is located;
the Commission may issue a certificate under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10904(a)(1) | 49:1a(1) (less 1st and last sentences). | Feb. 4, 1887, ch. 104, |
| 10904(a)(2) | 49:1a(2)(b). | |
| 10904(a)(3) | 49:1a(2)(a). | |
| 10904(b) | 49:1a(3) (last sentence). | |
| 10904(c) | 49:1a(3) (less last sentence). | |
| 10904(d) | 49:1a(5). |
In subsection (a)(1), the words in the second sentence of 49:1a(1) following "such abandonment or discontinuance" are omitted as unnecessary in view of section 10321(a) of the revised title giving the Commission general authority to carry out the subtitle and prescribe regulations.
In subsection (a)(2)(B), the word "deny" is substituted for "disapprove" for consistency.
In subsection (a)(3)(D), the words "in its discretion" are omitted as surplus.
In subsection (c)(1), the words before the first comma are substituted for "60-day period" for clarity and consistency with subsection (a)(1). The words "begin an investigation" are substituted for "cause an investigation to be conducted" in view of the authority of the Commission under section 10305 of the revised title to delegate authority to conduct proceedings. The words "be issued and" are omitted as unnecessary.
In subsection (c)(2), the words "shall act under
In subsection (d)(2), the words "shall maintain a complete diagram" are substituted for "shall, within 180 days after the date of promulgation of regulations by the Commission pursuant to this section, prepare, submit to the Commission, and publish" since the deleted words are executed. The words "full and" are omitted as surplus. The words "in accordance with regulations of the Commission" are omitted as unnecessary in view of section 10321(a) of the revised title giving the Commission general authority to carry out the subtitle and prescribe regulations.
In subsection (d)(3), the words "application for a certificate is opposed" are substituted for "abandonment or discontinuance is opposed" for clarity and consistency. The words "in its discretion" are omitted as surplus.
Pub. L. 98–216
This amends cross-references in sections 10904(d)(2) and (e)(3) and 11344(d) of title 49 affected by the codification of subtitle I of title 49 by section 1 of the Act of January 12, 1983 (
Amendments
1984—Subsecs. (d)(2), (e)(3).
1980—Subsec. (a)(1).
Subsec. (a)(2)(C).
Subsec. (a)(3)(E).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsecs. (d), (e).
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§10905. Offers of financial assistance to avoid abandonment and discontinuance
(a) In this section—
(1) "avoidable cost" means all expenses that would be incurred by a rail carrier in providing transportation that would not be incurred if the railroad line over which the transportation was provided were abandoned or if the transportation were discontinued. Expenses include cash inflows foregone and cash outflows incurred by the rail carrier as a result of not abandoning or discontinuing the transportation. Cash inflows foregone and cash outflows incurred include—
(A) working capital and required capital expenditure;
(B) expenditures to eliminate deferred maintenance;
(C) the current cost of freight cars, locomotives, and other equipment; and
(D) the foregone tax benefits from not retiring properties from rail service and other effects of applicable Federal and State income taxes.
(2) "reasonable return" means—
(A) if a rail carrier is not in reorganization, the cost of capital to the rail carrier, as determined by the Interstate Commerce Commission; and
(B) if a rail carrier is in reorganization, the mean cost of capital of rail carriers not in reorganization, as determined by the Commission.
(b) Any rail carrier which has filed an application for a certificate of abandonment or discontinuance shall provide promptly to a party considering an offer of financial assistance and shall provide concurrently to the Commission—
(1) an estimate of the annual subsidy and minimum purchase price required to keep the line or a portion of the line in operation;
(2) its most recent reports on the physical condition of that part of the railroad line involved in the proposed abandonment or discontinuance;
(3) traffic, revenue, and other data necessary to determine the amount of annual financial assistance which would be required to continue rail transportation over that part of the railroad line; and
(4) any other information that the Commission may deem necessary to allow a potential offeror to calculate an adequate subsidy or purchase offer.
(c) When the Commission finds under
(d) If, within 15 days after the publication required in subsection (c) of this section, the Commission finds that—
(1) a financially responsible person (including a governmental authority) has offered financial assistance to enable the rail transportation to be continued over that part of the railroad line to be abandoned or over which all rail transportation is to be discontinued; and
(2) it is likely that the assistance would be equal to—
(A) the difference between the revenues attributable to that part of the railroad line and the avoidable cost of providing rail freight transportation on the line, plus a reasonable return on the value of the line; or
(B) the acquisition cost of that part of the railroad line;
the Commission shall postpone the issuance of a certificate authorizing abandonment or discontinuance in accordance with subsections (e) and (f) of this section.
(e) If the carrier and a person offering financial assistance enter into an agreement which will provide continued rail service, the Commission shall postpone the issuance of the certificate for so long as the agreement, or an extension or modification of the agreement, is in effect. If the carrier and a person offering to purchase a line enter into an agreement which will provide continued rail service, the Commission shall approve the transaction and dismiss the application for abandonment or discontinuance. If the carrier and a financially responsible person (including a governmental authority) fail to agree on the amount or terms of the subsidy or purchase, either party may, within 30 days after the offer is made, request that the Commission establish the conditions and amount of compensation. If no agreement is reached within 30 days after the offer is made and neither party requests that the Commission establish the conditions and amount of compensation during that same period, the Commission shall immediately issue a certificate authorizing the abandonment or discontinuance.
(f)(1) Whenever the Commission is requested to establish the conditions and amount of compensation under this section—
(A) the Commission shall render its decision within 60 days;
(B) where subsidy has been offered, the Commission shall determine the amount and terms of subsidy based on the avoidable cost of providing continued rail transportation, plus a reasonable return on the value of the line; and
(C) where an offer of purchase has been made in order to continue rail service on the line, the Commission shall determine the price and other terms of sale. In no case shall the Commission set a price which is below the fair market value of the line (including, unless otherwise mutually agreed, all facilities on the line or portion necessary to provide effective transportation services).
(2) The decision of the Commission shall be binding on both parties, except that the person who has offered to subsidize or purchase the line may withdraw his offer within 10 days of the Commission's decision. In such a case, the Commission shall immediately issue a certificate authorizing the abandonment or discontinuance, unless other offers are being considered pursuant to paragraph (3) of this subsection.
(3) If a carrier receives more than one offer to purchase or subsidize, it shall select the offeror with whom it wishes to transact business, and complete the sale or subsidy agreement, or request that the Commission establish the conditions and amount of compensation prior to the 40th day after the date on which notice was published under subsection (c) of this section. If no agreement on subsidy or sale is reached within the 40-day period and the Commission has not been requested to establish the conditions and amount of compensation, any other offeror may request that the Commission establish the conditions and amount of compensation. If the Commission has established the conditions and amount of compensation and the original offer has been withdrawn, any other offeror may accept the Commission's decision within 20 days of such decision, and the Commission shall require the carrier to enter into a sale or subsidy agreement with such offeror, if such sale or agreement incorporates the Commission's decision.
(4) No purchaser of a line or portion of line sold under this section may transfer or discontinue service on such line prior to the end of the second year after consummation of the sale, nor may such purchaser transfer such line, except to the carrier from whom it was purchased, prior to the end of the fifth year after consummation of the sale.
(5) Any subsidy provided under this section may be discontinued on notice of 60 days. Unless, within such 60-day period, another financially responsible party enters into a subsidy agreement at least as beneficial to the carrier as that which was or was to be discontinued, the Commission shall, at the carrier's request, immediately issue a certificate authorizing the abandonment or discontinuance of service on the line.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10905(a) | 49:1a(11). | Feb. 4, 1887, ch. 104, |
| 10905(b) | 49:1a(6)(a), (7). | |
| 10905(c) | 49:1a(6)(b). |
In the section, the word "transportation" is substituted in each place for "service" for consistency and as being more precise because the jurisdictional grant to the Interstate Commerce Commission under subchapter I of
In subsection (a)(1), the words "in the case of discontinuance" and "in the case of abandonment" are omitted as unnecessary.
In subsection (a)(2), the words "rail carrier" are substituted for "railroad" as being more appropriate and for consistency.
In subsections (b) and (c), the phrase "part of the railroad line" is used as being more precise.
In the introductory matter of subsection (b), before clause (1), the words "present or future public convenience and necessity require or permit" are substituted for "public convenience and necessity permit" for consistency with section 10903(a) of the revised title.
In subsection (b)(1), the phrase "(in the form of a rail service continuation payment)" is omitted as unnecessary.
In subsection (b)(2), the words "be equal to" are substituted for "cover" for clarity. The word "freight" is omitted for consistency with sections 10903 and 10904 and the remainder of section 10905 of the revised title.
In subsection (b), after clause (2), the words "binding" and "an assistance or acquisition and operating" are omitted as unnecessary. The words "governmental authority" is substituted for "governmental entity" for consistency.
Pub. L. 103–272
Section 4(j)(26) and (27)(A) amends 49:10905(d)(1) and (e) and 10910(a)(1) by substituting "governmental authority" for "government authority" for consistency in the revised title.
Amendments
1994—Subsecs. (d)(1), (e).
1980—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsecs. (d) to (f).
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§10906. Offering abandoned rail properties for sale for public purposes
When the Interstate Commerce Commission finds under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10906 | 49:1a(10). | Feb. 4, 1887, ch. 104, |
The words "require or" are inserted for consistency with section 10903(a) of the revised title. The words "the rail properties that are involved in the proposed abandonment or discontinuance" are substituted for "such properties" for clarity. The words "roads or" are omitted as unnecessary because roads are included in the subtitle definition of "highways". The word "other" before "public purposes" is omitted as unnecessary. The words "terms and" are omitted as unnecessary.
Conversion of Abandoned Railroad Rights-of-Way
Section Referred to in Other Sections
This section is referred to in
§10907. Exceptions
(a) Notwithstanding
(b) The Commission does not have authority under
(1) the construction, acquisition, operation, abandonment, or discontinuance of spur, industrial, team, switching, or side tracks if the tracks are located, or intended to be located, entirely in one State; or
(2) a street, suburban, or interurban electric railway that is not operated as part of a general system of rail transportation.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10907(a) | 49:1(18)(d) (1st sentence). | Feb. 4, 1887, ch. 104, |
| 10907(b) | 49:1(18)(d) (less 1st sentence). | |
| 49:1a(1) (last sentence). | Feb. 4, 1887, ch. 104, |
In subsection (a), the words "contracts, agreements, or other" are omitted as surplus. The last sentence of 49:1a(1) is omitted because of article VI of the Constitution.
Section Referred to in Other Sections
This section is referred to in
§10908. Discontinuing or changing interstate train or ferry transportation subject to State law
(a) When a discontinuance or change in any part of the transportation of a train or ferry operating between a place in a State and a place in another State—
(1) is proposed by a carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(2) is subject to the law of a State, or to a regulation or order of, or proceeding pending before, a court or other authority of a State;
the carrier, notwithstanding that law, regulation, order, or proceeding, may discontinue or change the transportation—
(A) if it files a notice of the proposed discontinuance or change with the Commission at least 30 days before the discontinuance or change is intended to be effective and carries out the discontinuance or change under that notice;
(B) if it mails a copy of the notice to the chief executive officer of each State in which the train or ferry is operated and posts a copy of the notice at each station, depot, or other facility served by the train or ferry; and
(C) except as otherwise provided by the Commission under this section.
(b) On petition or on its own initiative, the Commission may conduct a proceeding on the proposed discontinuance or change if it begins the proceeding between the date the carrier files the notice under subsection (a) of this section and the date on which the discontinuance or change is intended to be effective. After the proceeding begins, the Commission may order the carrier proposing the discontinuance or change to continue any part of the transportation pending completion of the proceeding and the decision of the Commission if the Commission serves a copy of its order on the carrier at least 10 days before the date on which the carrier intended the discontinuance or change to be effective. However, the Commission may not order the transportation continued for more than 4 months after the date on which the carrier intended the discontinuance or change to be effective.
(c) If, after a proceeding completed either before or after the proposed discontinuance or change has become effective, the Commission finds that any part of the transportation is required or permitted by present or future public convenience and necessity and will not unreasonably burden interstate or foreign commerce, the Commission may order the carrier to continue or restore that transportation for not to exceed one year from the date of the Commission order. On expiration of the Commission order, the jurisdiction of each State involved in the discontinuance or change is no longer superseded except to the extent this section is again invoked.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10908(a) | 49:13a(1) (1st and 2d sentences). | Feb. 4, 1887, ch. 104, |
| 10908(b) | 49:13a(1) (3d and 4th sentences). | |
| 10908(c) | 49:13a(1) (less sentences 1–4). |
In the section, the word "transportation" is substituted in each place for "operation or service" for consistency and as being more precise because the jurisdictional grant to the Interstate Commerce Commission under subchapter I of
In subsection (a), the word "place" is substituted for "point" each time for consistency with other provisions of the subtitle. The words "or in the District of Columbia, or from a point in the District of Columbia to a point in any State" are omitted in view of the definition of "State" in section 10102 of the revised title. The words "but shall not be required to" are omitted as surplus. The word "law" is substituted for "any provision of the constitution or statutes" to eliminate redundancy. The words "or other authority" are substituted for "administrative or regulatory agency" for consistency and to eliminate redundancy. The words "chief executive officer" are substituted for "Governor" as more appropriate in view of the definition of "State" that includes the District of Columbia.
In subsection (b), the words "between the date the carrier files the notice under subsection (a) of this section and the date on which the discontinuance or change is intended to be effective" are inserted for clarity and for consistency with subsection (a)(A) of this section. The word "petition" is substituted for "complaint" as being more appropriate. The words "without complaint" are omitted as surplus.
In subsection (c), the words "any part of the" are inserted before "transportation is required", and the words "in whole or in part" are omitted later in the sentence, for clarity. The words "or permitted" and "present or future" are inserted for consistency with other provisions of subchapter I of
§10909. Discontinuing or changing train or ferry transportation in one State
(a) When a carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(1) the law of the State prohibits the discontinuance or change;
(2) the carrier has requested the State authority having jurisdiction over the discontinuance or change for permission to discontinue or change the transportation and the request has been denied; or
(3) the State authority has not acted finally by the 120th day after the carrier made the request;
the carrier may petition the Commission for permission to discontinue or change the transportation.
(b) When a petition is filed under subsection (a) of this section, the Commission shall notify the chief executive officer of the State in which the train or ferry is operated concerning the petition. Before acting on the petition, the Commission shall give interested parties a full hearing. If such a hearing is requested, the Commission shall give all interested parties at least 30 days notice of the hearing and shall hold the hearing in the State in which the train or ferry is operated. The Commission may cooperate with, and use the services, records, and facilities of, the State in carrying out this section.
(c) The Commission may grant permission to the carrier to discontinue or change any part of the transportation if the Commission finds that—
(1) the present or future public convenience and necessity require or permit the discontinuance or change to be authorized by the Commission; and
(2) continuing the transportation, without the proposed discontinuance or change, will constitute an unreasonable burden on the interstate operations of the carrier or on interstate commerce.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10909(a) | 49:13a(2) (1st sentence). | Feb. 4, 1887, ch. 104, |
| 10909(b), (c) | 49:13a(2) (less 1st sentence). |
In the section, the word "transportation" is substituted each place for "operation or service" for consistency and as being more precise because the jurisdictional grant to the Interstate Commerce Commission under subchapter I of
In subsection (a), the words "within the boundaries of a" and "duly" are omitted as surplus. The word "law" is substituted for "constitution or statutes" to eliminate redundancy. The words "requested" and "request" are substituted for "application or petition . . . filed" and "such an application or petition", respectively, to provide one word to cover all kinds of forms that may be filed with a governmental authority and to avoid using the word "petition" in 2 different ways in the subsection. The word "permission" is substituted for "authority" to avoid confusion with the term "State authority".
In subsection (b), the 2d sentence is restated for clarity to require the Commission to provide 2 different notices and for precision to cover the situation in which no hearing is requested. The words "chief executive officer" are substituted for "Governor" for consistency with other provisions of the subtitle.
In subsection (c), the word "permission" is substituted for "authority" to avoid confusion with the term "State authority". The words "require or" are inserted for consistency with other provisions of subchapter I of
§10910. Railroad development
(a) In this section—
(1) "financially responsible person" means a person who (A) is capable of paying the constitutional minimum value of the railroad line proposed to be acquired, and (B) is able to assure that adequate transportation will be provided over such line for a period of not less than 3 years. Such term includes a governmental authority but does not include a class I or a class II rail carrier.
(2) "railroad line" means (A) during the 3-year period beginning on the effective date of the Staggers Rail Act of 1980, a line of railroad which carried less than 3,000,000 gross ton miles of traffic per mile in the preceding calendar year, and (B) after the end of such 3-year period, any line of railroad.
(b)(1) When the Interstate Commerce Commission finds that—
(A)(i) the public convenience and necessity require or permit the sale of a particular railroad line under this section; or
(ii) a railroad line is on a system diagram map as required under
(B) an application to purchase such line has been filed, in accordance with regulations required under subsection (k) of this section, by a financially responsible person,
the Commission shall require the rail carrier owning the railroad line to sell such line to such financially responsible person at a price not less than the constitutional minimum value.
(2) For purposes of this subsection, the constitutional minimum value of a particular railroad line shall be presumed to be not less than the net liquidation value of such line or the going concern value of such line, whichever is greater, but shall not include the cost of providing a protective arrangement under subsection (j) of this section.
(c)(1) For purposes of this section, the Commission may determine that the public convenience and necessity require or permit the sale of a railroad line if the Commission determines, after a hearing on the record, that—
(A) the rail carrier operating such line refuses within a reasonable time to make the necessary efforts to provide adequate service to shippers who transport traffic over such line;
(B) the transportation over such line is inadequate for the majority of shippers who transport traffic over such line;
(C) the sale of such line will not have a significantly adverse financial effect on the rail carrier operating such line;
(D) the sale of such line will not have an adverse effect on the overall operational performance of the rail carrier operating such line; and
(E) the sale of such line will be likely to result in improved railroad transportation for shippers that transport traffic over such line.
(2) In a proceeding under this subsection, the burden of proving that the public convenience and necessity require or permit the sale of a particular railroad line is on the person filing the application to acquire such line. If the Commission finds under this subsection that the public convenience and necessity require or permit the sale of a particular railroad line, the Commission shall concurrently notify the parties of such finding and publish such finding in the Federal Register.
(d) In the case of any railroad line subject to sale under subsection (a) of this section, the Commission shall, upon the request of the acquiring carrier, require the selling carrier to provide to the acquiring carrier trackage rights to allow a reasonable interchange with the selling carrier or to move power equipment or empty rolling stock between noncontiguous feeder lines operated by the acquiring carrier. The Commission shall require the acquiring carrier to provide the selling carrier reasonable compensation for any such trackage rights.
(e) The Commission shall require, to the maximum extent practicable, the use of the employees who would normally have performed work in connection with a railroad line subject to a sale under this section.
(f) In the case of a railroad line which carried less than 3,000,000 gross ton miles of traffic per mile in the preceding calendar year, whenever a purchasing carrier under this section petitions the Commission for joint rates applicable to traffic moving over through routes in which the purchasing carrier may practicably participate, the Commission shall, within 30 days after the date such petition is filed and pursuant to
(g)(1) Any person operating a railroad line acquired under this section may elect to be exempt from any of the provisions of this subtitle, except that such a person may not be exempt from the provisions of
(2) The provisions of paragraph (1) of this subsection shall apply to any line of railroad which was abandoned during the 18-month period immediately prior to the effective date of the Staggers Rail Act of 1980 and was subsequently purchased by a financially responsible person.
(h) If a purchasing carrier under this section proposes to sell or abandon all or any portion of a purchased railroad line, such purchasing carrier shall offer the right of first refusal with respect to such line or portion thereof to the carrier which sold such line under this section. Such offer shall be made at a price equal to the sum of the price paid by such purchasing carrier to such selling carrier for such line or portion thereof and the fair market value (less deterioration) of any improvements made, as adjusted to reflect inflation.
(i) Any person operating a railroad line acquired under this section may determine preconditions, such as payment of a subsidy, which must be met by shippers in order to obtain service over such lines, but such operator must notify the shippers on the line of its intention to impose such preconditions.
(j) In the case of any railroad line sold pursuant to this section, the Commission shall require the selling carrier to provide a fair arrangement at least as protective of the interests of employees as that established under
(k) The Commission shall, within 60 days after the effective date of the Staggers Rail Act of 1980, prescribe such regulations and procedures as may be necessary to carry out the provisions of this section.
(Added
Historical and Revision Notes
Pub. L. 103–272
Section 4(j)(26) and (27)(A) amends 49:10905(d)(1) and (e) and 10910(a)(1) by substituting "governmental authority" for "government authority" for consistency in the revised title.
References in Text
The effective date of the Staggers Rail Act of 1980, referred to in subsecs. (a)(2), (g)(2), and (k), probably means Oct. 1, 1980, the general effective date of
Amendments
1994—Subsec. (a)(1).
Subsec. (g)(1).
1983—Subsec. (b)(1)(A)(ii).
Effective Date of 1983 Amendment
Section 506(b) of
Effective Date
Section effective Oct. 1, 1980, see section 710(a) of
Section Referred to in Other Sections
This section is referred to in title 45 sections 825, 829.
SUBCHAPTER II—OTHER CARRIERS AND MOTOR CARRIER BROKERS
Subchapter Referred to in Other Sections
This subchapter is referred to in
§10921. Requirement for certificate, permit, or license
Except as provided in this subchapter or another law, a person may provide transportation or service subject to the jurisdiction of the Interstate Commerce Commission under subchapter II, III, or IV of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10921 | 49:303(c) (words before "nor", less words between 6th and 7th commas). | Feb. 4, 1887, ch. 104, |
| 49:306(a)(1) (words before proviso), 309(a)(1) (words before 1st proviso). | Feb. 4, 1887, ch. 104, |
|
| 49:311(a) (words before 1st proviso). | Feb. 4, 1887, ch. 104, |
|
| 49:909(a) (words before 1st proviso), 909(f) (words before 1st proviso). | Feb. 4, 1887, ch. 104, |
|
| 49:1010(a)(1) (words before semicolon). | Feb. 4, 1887, ch. 104, |
The section consolidates and restates the source provisions for clarity. The words "may provide transportation or service subject to the jurisdiction of the Interstate Commerce Commission under subchapter II, III, or IV of
Job Referral List; Assistance by Secretary of Labor in Obtaining Employment
Section Referred to in Other Sections
This section is referred to in
§10922. Certificates of motor and water common carriers
(a) Except as provided in this section and
(1) the person is fit, willing, and able—
(A) to provide the transportation to be authorized by the certificate; and
(B) to comply with this subtitle and regulations of the Commission; and
(2) the transportation to be provided under the certificate is or will be required by the present or future public convenience and necessity.
(b)(1) Except as provided in this section, the Commission shall issue a certificate to a person authorizing that person to provide transportation subject to the jurisdiction of the Commission under subchapter II of
(A) this subtitle, the regulations of the Commission, and any safety requirements imposed by the Commission,
(B) the safety fitness requirements established by the Secretary of Transportation in consultation with the Commission under
(C) the minimum financial responsibility requirements established by the Commission pursuant to
(2) In making a finding under paragraph (1), the Commission shall consider and, to the extent applicable, make findings on, any evidence demonstrating that the applicant is unable to comply with the requirements of subparagraph (A), (B), or (C) of that paragraph.
(3) The Commission shall find any applicant for authority to operate as a motor carrier under this section to be unfit if the applicant does not meet the safety and safety fitness requirements under paragraph (1)(A) or (1)(B) of this subsection and shall deny the application.
(4) A person may protest an application under this subsection to provide transportation only on the ground that the applicant fails or will fail to comply with this subtitle, the regulations of the Commission, the safety requirements of the Commission, or the safety fitness or minimum financial responsibility requirements of paragraph (1) of this subsection.
(c)(1) Except as provided in this section, the Interstate Commerce Commission shall issue a certificate to a person authorizing that person to provide transportation subject to the jurisdiction of the Commission under subchapter II of
(A) that the person is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with this subtitle and regulations of the Commission; and
(B) on the basis of evidence presented by persons supporting the issuance of the certificate, that the service proposed will serve a useful public purpose, responsive to a public demand or need;
unless the Commission finds, on the basis of evidence presented by persons objecting to the issuance of a certificate, that the transportation to be authorized by the certificate is inconsistent with the public convenience and necessity.
(2) In making a finding under paragraph (1) of this subsection, the Commission shall consider and, to the extent applicable, make findings on at least the following:
(A) the transportation policy of
(B) the effect of issuance of the certificate on existing carriers, except that the Commission shall not find diversion of revenue or traffic from an existing carrier to be in and of itself inconsistent with the public convenience and necessity.
(3) The Commission may not make a finding relating to public convenience and necessity under paragraph (1) of this subsection which is based upon general findings developed in rulemaking proceedings.
(4) Notwithstanding any other provision of law, any motor carrier providing transportation of shipments weighing 100 pounds or less transported in a motor vehicle in which no one package exceeds 100 pounds operating one or more commercial motor vehicles with a gross vehicle weight rating of 10,000 pounds or more shall be subject to commercial motor vehicle safety regulations promulgated by the Secretary of Transportation pursuant to this title with respect to its entire operations, including the operations of commercial motor vehicles with gross vehicle weight ratings less than 10,000 pounds.
(5) No motor common carrier of household goods may protest an application to provide transportation filed under this subsection unless—
(A)(i) it possesses authority to handle, in whole or in part, the traffic for which authority is applied;
(ii) it is willing and able to provide service that meets the reasonable needs of the shippers involved; and
(iii) it has performed service within the scope of the application during the previous 12-month period or has, actively in good faith, solicited service within the scope of the application during such period;
(B) it has pending before the Commission an application filed prior in time to the application being considered for substantially the same traffic; or
(C) the Commission grants leave to intervene upon a showing of other interests that are not contrary to the transportation policy set forth in
(6) No motor contract carrier of household goods may protest an application to provide transportation filed under this subsection.
(7) The provisions of paragraph (1) of this subsection (other than subparagraph (A)) shall not apply to applications under this subsection for authority to provide transportation for the United States Government of used household goods which transportation is incidental to a pack and crate service on behalf of the Department of Defense.
(d)
(1)
(A)
(B)
(i)
(ii)
(C)
(i) the recipient is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with this subtitle and regulations of the Commission; and
(ii)(I) no motor common carrier of passengers (other than a motor common carrier of passengers which is a public recipient of governmental assistance) is providing, or is willing and able to provide, the transportation to be authorized by the certificate; or
(II) the transportation to be authorized by the certificate is to be provided entirely in the area in which the public recipient provides regularly scheduled mass transportation services.
(D)
(E)
(F)
(i)
(I) any State,
(II) any municipality or other political subdivision of a State,
(III) any public agency or instrumentality of one or more States and municipalities and political subdivisions of a State,
(IV) any Indian tribe,
(V) any corporation, board, or other person owned or controlled by any entity described in subclause (I), (II), (III), or (IV), and
(VI) any corporation, board, or other person owned by, controlled by, or under common control with, any entity described in subclause (I), (II), (III), (IV), or (V),
which before, on, or after the date of the enactment of this paragraph received governmental financial assistance for the purchase or operation of any bus.
(ii)
(2)(A) The Commission shall issue a certificate to a person authorizing that person to provide regular-route transportation entirely in one State as a motor common carrier of passengers if such intrastate transportation is to be provided on a route over which the carrier has authority on the effective date of this subsection to provide interstate transportation of passengers if the Commission finds that the person is fit, willing, and able to provide the intrastate transportation to be authorized by the certificate and to comply with this subtitle and regulations of the Commission, unless the Commission finds, on the basis of evidence presented by any person objecting to the issuance of the certificate, that the transportation to be authorized would directly compete with a commuter bus operation and it would have a significant adverse effect on commuter bus service in the area in which the competing service will be performed.
(B) The Commission shall issue a certificate to a person authorizing that person to provide regular-route transportation entirely in one State as a motor common carrier of passengers if such intrastate transportation is to be provided on a route over which the carrier has been granted authority, or will be granted authority, after the effective date of this section to provide interstate transportation of passengers if the Commission finds that the person is fit, willing, and able to provide the intrastate transportation to be authorized by the certificate and to comply with this subtitle and regulations of the Commission, unless the Commission finds, on the basis of evidence presented by any person objecting to the issuance of the certificate, that the transportation to be authorized is not consistent with the public interest.
(C) No State or political subdivision thereof and no interstate agency or other political agency of two or more States shall enact or enforce any law, rule, regulation, standard or other provision having the force and effect of law relating to the provision of pickup and delivery of express packages, newspapers, or mail in a commercial zone if the shipment has had or will have a prior or subsequent movement by bus in intrastate commerce and if a city within the commercial zone, as defined in
(D) Subject to subparagraph (F) of this paragraph, any intrastate transportation authorized by issuance of a certificate under this paragraph shall be deemed to be transportation subject to the jurisdiction of the Commission under subchapter II of
(E) Not later than 30 days after the date on which a motor common carrier of passengers first begins providing transportation entirely in one State pursuant to a certificate issued under this paragraph, the carrier shall take all action necessary to establish under the laws of such State rates, rules, and practices applicable to such transportation.
(F) Transportation entirely in one State authorized by issuance of a certificate under this paragraph shall remain subject to the jurisdiction of the Commission, and rates, rules, and practices applicable to such transportation established under subparagraph (D) of this paragraph shall remain in effect, until permanent rates, rules, and practices applicable to such transportation are established under the laws of such State.
(G) The Commission shall take final action upon an application filed under subparagraph (A) of this paragraph for authority to provide transportation entirely in one State not later than 90 days after the date the application is filed with the Commission.
(H) This paragraph shall not apply to any regular-route transportation of passengers provided entirely in one State which is in the nature of a special operation.
(I) Notwithstanding subparagraph (F) of this paragraph, intrastate transportation authorized under this paragraph may be suspended or revoked by the Commission under
(J)
(3) In making any findings relating to public interest under paragraphs (1) and (2)(B) of this subsection, the Commission shall consider, to the extent applicable—
(A) the transportation policy of
(B) the value of competition to the traveling and shipping public;
(C) the effect of issuance of the certificate on motor carrier of passenger service to small communities;
(D) whether issuance of the certificate would impair the ability of any other motor common carrier of passengers to provide a substantial portion of the regular-route passenger service which such carrier provides over its entire regular-route system; except that diversion of revenue or traffic from a motor common carrier of passengers in and of itself shall not be sufficient to support a finding that issuance of the certificate would impair the ability of the carrier to provide a substantial portion of the regular-route passenger service which the carrier provides over its entire regular-route system; and
(E) the amount and extent of governmental financial assistance which the applicant for the certificate received before, on, or after the date of the enactment of this subparagraph for the purchase or operation of buses.
In addition, in making any finding relating to public interest under paragraph (1)(D) of this subsection, the Commission shall consider whether or not the person objecting to issuance of the certificate is a motor common carrier of passengers which is providing, or is willing and able to provide, the transportation to be authorized by the certificate.
(4) The provisions of paragraph (1) of this subsection relating to the Commission finding that transportation to be authorized by issuance of a certificate is not consistent with the public interest shall not apply to any application under this subsection for authority to provide—
(A) interstate transportation service to any community not regularly served by a motor common carrier of passengers under this section;
(B) interstate transportation service which will be a substitute for discontinued rail or commercial-air passenger service to a community if such discontinuance results in such community not having any rail and commercial-air passenger service and if such application is filed within 180 days after such discontinuance becomes effective; and
(C) interstate transportation service to any community with respect to which the only motor common carrier of passengers providing interstate transportation service to such community applies for authority to discontinue providing such interstate service under
(5) The Commission may not make any finding under paragraphs (1) and (2) of this subsection which is based upon general findings developed in rulemaking proceedings.
(6) The requirement that persons issued certificates under this subsection be fit, willing, and able means safety fitness and proof of minimum financial responsibility under section 18 1 of the Bus Regulatory Reform Act of 1982.
(7) No motor common carrier of passengers may protest an application to provide transportation filed under this subsection or a request to remove an operating restriction under section 10922(i)(4) 1 of this title unless—
(A)(i) it possesses authority to handle, in whole or in part, the traffic for which authority is applied;
(ii) it is willing and able to provide service that meets the reasonable needs of the traveling public; and
(iii) it has performed service within the scope of the application during the previous 12-month period or has, actively in good faith, solicited service within the scope of the application during such period;
(B) it has pending before the Commission an application filed prior in time to the application being considered for substantially the same traffic; or
(C) the Commission grants leave to intervene upon a showing of other interests that are not contrary to the transportation policy set forth in
(8) No motor contract carrier of passengers may protest an application to provide transportation filed under this subsection.
(9) For purposes of this section, authority under this subsection to provide special or charter transportation of passengers by motor vehicle includes authority to provide such transportation as round-trip service and as one-way service if such one-way service may be provided as part of a round-trip movement involving the same passengers and air, rail, or water transportation or any combination of air, rail, or water transportation.
(e) A person must file an application with the Commission for a certificate to provide transportation as a motor common carrier or water common carrier. The Commission may approve any part of the application or deny the application. The application must—
(1) be under oath;
(2) contain information required by Commission regulations; and
(3) be served on persons designated by the Commission.
(f)(1) Subject to
(A) the transportation to be provided by the carrier;
(B) any of the regular routes over which, any of the places between which, and off-route places at which, the carrier may provide transportation; and
(C) if transportation is not over regular routes or between specified places, the area in which the carrier may provide transportation.
(2) Under regulations of the Commission, a motor common carrier may occasionally deviate from the regular routes, or the places specified in the certificate, or both.
(3) If a motor common carrier transports passengers, the Commission may authorize transportation of the passengers only over a regular route and between specified places, except to the extent the carrier is authorized to provide special or charter transportation.
(4) A certificate of a motor common carrier to transport passengers shall be deemed to include permissive authority to transport newspapers, baggage of passengers, express packages, or mail in the same motor vehicle with the passengers, or baggage of passengers in a separate motor vehicle.
(g) Each certificate issued to a person to provide transportation as a water common carrier shall specify each route over which, and each port between which, the carrier may provide transportation.
(h)(1) A motor common carrier of household goods or passengers may provide transportation under a certificate only if the carrier complies with conditions the Commission finds are required by public convenience and necessity, including conditions—
(A) on extending routes of the carrier; and
(B) to carry out requirements established by the Commission under this subtitle.
(2) The Commission may prescribe necessary conditions under which a water common carrier provides transportation, including conditions on extending routes of the carrier.
(3) The Commission may prescribe conditions when the certificate is issued and at any time thereafter. The Commission may not prescribe a condition preventing—
(A) a motor common carrier or water common carrier from adding to its equipment and facilities or its transportation within the scope of the certificate to satisfy business development and public demand; or
(B) a water common carrier, if the carrier has authority to provide transportation over completed parts of a waterway project authorized under law, from extending its transportation over the uncompleted parts of the project when opened for navigation to satisfy business development and public demand.
(i) A certificate issued under this section does not confer a proprietary or exclusive right to use the public highways or public waterways.
(j)(1) Not later than 180 days after the date of enactment of this subsection, the Commission shall—
(A) eliminate gateway restrictions and circuitous route limitations imposed upon motor common carriers of property; and
(B) implement, by regulation, procedures to process expeditiously applications of individual motor carriers of property seeking removal of operating restrictions in order to—
(i) reasonably broaden the categories of property authorized by the carrier's certificate or permit;
(ii) authorize transportation or service to intermediate points on the carrier's routes;
(iii) provide round-trip authority where only one-way authority exists;
(iv) eliminate unreasonable or excessively narrow territorial limitations; or
(v) eliminate any other unreasonable restriction that the Commission deems to be wasteful of fuel, inefficient, or contrary to the public interest.
(2) The regulations promulgated by the Commission pursuant to paragraph (1)(B) of this subsection shall provide for final Commission action upon an application not later than 120 days after the date the application is filed with the Commission, except that in extraordinary circumstances, the Commission may extend such deadline for a period of not to exceed 90 additional days. Such regulations shall also provide for notice and the opportunity for interested parties to comment, but need not provide for oral evidentiary hearings. In granting or denying applications under paragraph (1)(B) of this subsection, the Commission shall (A) consider, among other things, the impact of the proposed restriction removal upon the consumption of energy resources, potential cost savings and improved efficiency, and the transportation policy set forth in
(3) On the effective date of this paragraph, a certificate to provide interstate transportation of passengers issued under this section shall be deemed to authorize (but not require)—
(A) round-trip operations where only one-way authority exists; and
(B) special and charter transportation from all points in a political subdivision of a State in any case in which special and charter transportation authority is limited to one or more points of origin in such political subdivision.
(4) Upon request of any person issued a certificate to provide interstate transportation of passengers under this section, the Commission shall within 90 days remove any operating restriction imposed on the certificate in order to authorize interstate transportation to intermediate points on any route covered by the certificate unless the Commission finds, on the basis of evidence presented by a person objecting to the removal of such an operating restriction, that the resulting interstate transportation directly competes with a commuter bus operation and will have a significant adverse effect on commuter bus service in the area in which the competing service will be provided.
(k)(1) A person holding (A) a certificate issued under subsection (b) of this section to provide transportation as a motor common carrier of property, and (B) a permit issued under
(2)(A) Subject to the provisions of this paragraph, a motor common carrier of passengers who has authority under this section to provide special or charter transportation of passengers and to provide regular-route transportation of passengers may transport the special or charter passengers in the same motor vehicle with regular-route passengers.
(B) Subparagraph (A) of this paragraph shall only apply to transportation of passengers entirely in a State if the motor common carrier of passengers has authority under the laws of such State to provide within such State special or charter transportation of passengers and regular-route transportation of passengers and if the laws of such State and the certificate, permit, or other authority under which such carrier provides intrastate transportation in such State authorizes such carrier to transport special or charter passengers in the same motor vehicle with regular-route passengers.
(C) Special or charter transportation of passengers may only be provided under subparagraph (A) of this paragraph in the same motor vehicle as regular-route transportation of passengers if the mixing of such passengers does not interfere with the obligation of the carrier to comply with
(3) Subject to such regulations as the Commission may issue, a person who has authority under this section to provide charter transportation of passengers may transport groups of charter passengers in the same motor vehicle at the same time.
(l) A motor common carrier of property may deliver to or receive from a rail carrier a trailer moving in trailer-on-flat-car service at any point on the route of the rail carrier if the motor carrier is authorized to serve the origin and destination points of the traffic.
(m)(1) Except as provided in paragraph (2) of this subsection, the Commission, notwithstanding any other provision of law (other than such paragraph (2)), shall not issue any certificate to any motor common carrier, any permit to any motor contract carrier, or any certificate of registration under
(2)(A) The President of the United States may remove or modify, in whole or in part, any moratorium imposed under paragraph (1) of this subsection on the issuance of certificates or permits if the President determines that such removal or modification is in the national interest and notifies, in writing, the Congress of such removal or modification before the date on which such removal or modification is to take effect. In any case in which such moratorium applies to a contiguous foreign country or political subdivision thereof which substantially prohibits grants of authority to persons from the United States to provide transportation by motor vehicle for compensation in such foreign country or political subdivision, such removal or modification shall not take effect before the 60th day following the date on which the Congress is notified of such removal or modification.
(B)(i) Subject to the provisions of this subparagraph, during a moratorium imposed under paragraph (1) of this subsection with respect to any contiguous foreign country or political subdivision thereof, the Commission may issue certificates of registration under section 10530 of this subtitle to foreign motor carriers and foreign motor private carriers domiciled in such country or political subdivision and to foreign motor carriers and foreign motor private carriers owned or controlled by persons of such country or political subdivision.
(ii) Subject to clause (iv) of this subparagraph, if the person to be issued the certificate of registration during the moratorium is a foreign motor carrier domiciled in the foreign country or political subdivision or is a foreign motor carrier owned or controlled by persons of the foreign country or political subdivision, such certificate may only authorize such carrier to provide transportation of property (including exempt items) by motor vehicle in a municipality in the United States which is adjacent to the foreign country or political subdivision, in contiguous municipalities in the United States any one of which is adjacent to the foreign country or political subdivision, or in a zone in the United States that is adjacent to, and commercially a part of, the municipality or municipalities.
(iii) Subject to clause (v) of this subsection, if the person to be issued the certificate of registration during the moratorium is a foreign motor private carrier domiciled in the foreign country or political subdivision or is a foreign motor private carrier owned or controlled by persons of the foreign country or political subdivision, such certificate may only authorize such carrier to provide transportation of property (including exempt items) by motor vehicle in a municipality in the United States which is adjacent to the foreign country or political subdivision, in contiguous municipalities in the United States any one of which is adjacent to the foreign country or political subdivision, or in a zone in the United States that is adjacent to, and commercially a part of, the municipality or municipalities.
(iv) If the person to be issued the certificate of registration during the moratorium is a foreign motor carrier domiciled in the foreign country or political subdivision and owned or controlled by persons of the United States, such certificate may only authorize such carrier to provide interstate transportation of property (including exempt items) by motor vehicle.
(v) If the person to be issued the certificate of registration during the moratorium is a foreign motor private carrier domiciled in the foreign country or political subdivision and owned or controlled by persons of the United States, such certificate may only authorize such carrier to provide interstate transportation of property (including exempt items) by motor vehicle.
(vi) In this subparagraph, the terms "exempt items", "foreign motor carrier", "foreign motor private carrier", and "interstate transportation" have the meanings such terms have under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10922(a) | 49:307(a) (words before proviso). | Feb. 4, 1887, ch. 104, |
| 49:909(c). | Feb. 4, 1887, ch. 104, |
|
| 10922(b) | 49:306(b). | Feb. 4, 1887, ch. 104, |
| 49:909(b). | ||
| 10922(c)(1) | 49:308(a) (words before semicolon). | Feb. 4, 1887, ch. 104, |
| 10922(c)(2) | 49:308(b). | |
| 10922(c)(3) | 49:307(a) (proviso). | |
| 10922(c)(4) | 49:308(d). | |
| 10922(d) | 49:909(d) (words through 3d comma). | |
| 10922(e)(1) | 49:308(a) (words between 2d comma after semicolon and proviso). | |
| 10922(e)(2) | 49:909(d) (words between 5th comma and proviso). | |
| 10922(e)(3) | 49:308(a) (words between semicolon and words after 2d comma after semicolon), (proviso). | |
| 49:909(d) (words between 3d and 5th commas), (proviso). | ||
| 10922(f) | 49:307(b). | |
| 49:909(e). |
The word "transportation" is substituted each place for "service" and "operations" for consistency and as being more precise because the jurisdictional grant to the Interstate Commerce Commission under subchapters II and III of
In the introductory matter of subsection (a), before clause (1), the words "authorizing that person to provide transportation" are inserted for clarity. The words "qualified applicant therefor" are omitted as unnecessary in view of the provisions of the section specifying the necessary qualifications of motor and water common carriers.
In subsection (a)(1), the word "properly" is omitted as surplus. The words "to be authorized by the certificate" are substituted for "to perform the service proposed" for clarity in view of the authority of the Commission to approve only part of an application. The words "requirements, rules" are omitted as being included in "regulations" and for consistency with the other provisions of the revised title.
In subsection (b), the words "shall be in such form and" and "by regulations" are omitted as unnecessary in view of section 10321(a) of the revised title giving the Commission general authority to carry out the subtitle. The last sentence of 49:306(b) is omitted as executed.
In subsection (c)(1), (2), and (3), the word "places" is substituted for "fixed termini" for consistency.
In the introductory language of subsection (c)(1), before clause (A), the words "Subject to
In subsection (c)(2), the words "such general or special rules and" are omitted for consistency and as being unnecessary.
In subsection (c)(4)(A) and (B), the word "motor" is inserted before "vehicle" each place for clarity and consistency.
In subsection (e)(1), (2), and (3), the words "reasonable terms" and "limitations" are omitted as unnecessary.
In subsection (e)(1)(B), the words "under this subtitle" are substituted for "under section 304(a)(1) and (6)" in view of the general authority granted to the Commission under that section and as a result of the codification of the subtitle.
In subsection (e)(2), the words "public convenience and necessity" are omitted in view of other language in 49:909(d) giving the Commission the authority to impose conditions for any necessary purpose.
In subsection (e)(3)(A), the words "or its transportation within the scope" are substituted for "over the routes, between the termini, or within the territory specified" in 49:308(a) (proviso) to eliminate redundancy and for consistency with the words of 49:909(d) (proviso).
In subsection (e)(3)(B), the words "authorized under law" are substituted for "by Congress" in 49:909(d) as being more precise.
In subsection (f), the word "exclusive" is substituted for "property" in 49:307(b) as being more precise and for consistency with 49:909(e).
References in Text
The date of the enactment of this paragraph, referred to in subsec. (d)(1)(F), is the date of enactment of
The effective date of this subsection and the effective date of this paragraph, referred to in subsecs. (d)(2)(A) and (j)(3), respectively, is the 60th day after Sept. 20, 1982, see section 31(a) of
The effective date of this section, referred to in subsec. (d)(2)(B), probably means the effective date of subsec. (d) of this section, as added by
The date of the enactment of this subparagraph, referred to in subsec. (d)(3)(E), is the date of enactment of
Section 18 of the Bus Regulatory Reform Act of 1982, referred to in subsec. (d)(6), is section 18 of
The date of enactment of this subsection, referred to in subsec. (j)(1), is the date of enactment of
The effective date of this subsection, referred to in subsec. (m)(1), is Sept. 20, 1982, see section 31(c) of
Amendments
1994—Subsec. (b).
Subsec. (c).
Subsec. (c)(1)(E).
Subsec. (c)(2)(D).
Subsec. (c)(4)(C).
Subsecs. (d), (e).
Subsec. (f).
Subsec. (f)(1).
Subsec. (g).
Subsec. (h).
Subsec. (h)(1).
Subsec. (i).
Subsec. (j).
Subsec. (j)(1).
Subsec. (j)(2)(C).
Subsecs. (k) to (m).
1991—Subsec. (c)(1)(E).
1988—Subsec. (l)(1).
Subsec. (l)(2)(B)(i).
Subsec. (l)(2)(B)(ii).
Subsec. (l)(2)(B)(iii).
Subsec. (l)(2)(B)(iv).
Subsec. (l)(2)(B)(v).
Subsec. (l)(2)(B)(vi).
1987—Subsec. (c).
Subsec. (c)(1).
Subsec. (c)(2)(J).
Subsec. (c)(3).
1984—Subsec. (l)(1).
Subsec. (l)(2).
1982—Subsec. (a).
Subsecs. (c), (d).
Subsec. (e).
Subsecs. (f) to (h).
Subsec. (i).
Subsec. (j).
Subsec. (k).
Subsec. (l).
1980—Subsec. (a).
Subsec. (b).
Subsecs. (c) to (g).
Subsecs. (h), (i).
Subsec. (j).
Effective Date of 1994 Amendments
Section 7(a) of
Amendment by
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1987 Amendment
Section 340(b) of
Effective Date of 1984 Amendment
Amendment by
Section 225(c) of
Effective Date of 1982 Amendment
Amendment by sections 6(a)–(c), 7, and 8 of
Limited Modification to Moratorium on Issuance of Certificates or Permits With Respect to Mexico
Memorandum of President of the United States, May 6, 1993, 58 F.R. 27647, provided:
Memorandum for the Secretary of Transportation
Section 6 of the Bus Regulatory Reform Act of 1982 [see
I am pleased that an agreement between the United States and Mexico has been concluded to ensure fair and reciprocal treatment for charter and tour bus interests on both sides of the border. The agreement reached, however, does not allow for full access to cross-border and domestic markets. Therefore, the moratorium must reflect the conditions under which operating authority may be issued to Mexican charter and tour companies under the agreement.
Pursuant to section 6 of the Bus Regulatory Reform Act of 1982,
The moratorium is modified only to authorize the Interstate Commerce Commission to grant Mexican motor carriers authority to transport passengers in charter or special operations, in foreign commerce, in round trip or one-way service between Mexico and the United States pursuant to the following restrictions:
1. The Mexican motor carrier can conduct cross-border charter or special service in the United States only when the international tour or charter begins in Mexico;
2. Tickets or tour packages for such operations cannot be sold in the United States; and
3. The terms of the grants of authority given to Mexican motor carriers will be limited by the life of the agreement with Mexico covering reciprocal cross-border charter and special operations.
This action applies only to international charter and tour operations, does not allow for point-to-point service within the United States, and does not authorize companies to conduct cross-border regular route service. This action preserves the status quo with respect to Mexican trucking companies and Mexican companies engaged in regular route service, and will maintain the moratorium on those operations through September 25, 1994, unless earlier revoked or modified.
Accordingly, you are directed to notify the Congress today on my behalf that, effective 60 days hence, the moratorium will no longer be in effect for Mexican charter and tour bus companies subject to the above stated conditions. Because of this action, the Interstate Commerce Commission will then accept and process expeditiously all applications for operating authority from Mexican owned, controlled, or domiciled charter and tour bus firms. I should note that applications in Mexico by United States charter and tour bus firms will be similarly treated.
You are hereby authorized and directed to publish this determination in the Federal Register.
William J. Clinton.
Memorandum of President of the United States, Jan. 1, 1994, 59 F.R. 653, provided:
Memorandum for the Secretary of Transportation
Section 6 of the Bus Regulatory Reform Act of 1982 [see
As set forth in the Statement of Administrative Action regarding the North American Free Trade Agreement (NAFTA) that I submitted to the Congress on November 3, 1993, the moratorium with respect to Mexico will be lifted in phases to coincide with the schedule of liberalization in the relevant provisions of the NAFTA. The NAFTA specifically states that the moratorium will not apply to the provision of cross-border charter or tour bus services as of the date of entry into force of the Agreement.
This is to give public notice that, pursuant to section 6 of the Bus Regulatory Reform Act of 1982,
The moratorium is modified only to authorize the Interstate Commerce Commission to grant Mexican motor carriers authority to transport passengers in charter or tour bus operations, in foreign commerce, in round-trip or one-way service between Mexico and the United States.
This action applies only to international charter or tour bus operations, does not allow for point-to-point bus service within the United States, and does not authorize companies to conduct cross-border regular route bus service.
Effective January 1, 1994, the Interstate Commerce Commission will begin to accept and process expeditiously all applications for operating authority from Mexican owned, controlled, or domiciled charter and tour bus firms.
This determination shall be published in the Federal Register.
William J. Clinton.
Extension of Moratorium
Memorandum of the President of the United States, Sept. 25, 1992, 57 F.R. 44647, provided:
Memorandum for the Secretary of Transportation, the United States Trade Representative
Pursuant to section 6 of the Bus Regulatory Reform Act of 1982,
This memorandum shall be published in the Federal Register.
George Bush.
Memorandum of the President of the United States, Sept. 17, 1990, 55 F.R. 38657, extended moratorium through Sept. 19, 1992.
Memorandum of the President of the United States, Sept. 15, 1988, 53 F.R. 36430, extended moratorium through Sept. 19, 1990.
Memorandum of the President of the United States, Sept. 23, 1986, 51 F.R. 34079, extended moratorium through Sept. 19, 1988.
Memorandum of the President of the United States, Aug. 30, 1984, 49 F.R. 35001, extended moratorium through Sept. 19, 1986.
Removal of Moratorium on Issuance of Certificates or Permits With Respect to Canada
Pursuant to Memorandum of the President, dated Nov. 29, 1982, 47 F.R. 54053, the moratorium on the issuance of certificates or permits to motor carriers domiciled in, or owned or controlled by persons of, a contiguous foreign country or political subdivision thereof which substantially prohibits grants of authority to persons from the United States to provide transportation by motor vehicle for compensation in such foreign country or political subdivision thereof was removed completely with respect to Canada.
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§10923. Permits of motor and water contract carriers and household goods freight forwarders
(a) Except as provided in this section and
(1) the person is fit, willing, and able—
(A) to provide the transportation or service to be authorized by the permit; and
(B) to comply with this subtitle and regulations of the Commission; and
(2) the transportation or service to be provided under the permit is or will be consistent with the public interest and the transportation policy of
(b)(1) Except as provided in this section and
(A) this subtitle, the regulations of the Commission, and any safety requirements imposed by the Commission,
(B) the safety fitness requirements established by the Secretary of Transportation in consultation with the Commission pursuant to
(C) the minimum financial responsibility requirements established by the Commission pursuant to
(2) In deciding whether to approve the application of a person for a permit as a motor contract carrier of property other than household goods the Commission shall consider any evidence demonstrating that the applicant is unable to comply with this subtitle, the regulations of the Commission, safety requirements of the Commission, or the safety fitness and minimum financial responsibility requirements of subsection (b)(1).
(3) The Commission shall find any applicant for authority to operate as a motor carrier of property other than household goods under this subsection to be unfit if the applicant does not meet the safety and safety fitness requirements of paragraph (1)(A) or (1)(B) of this subsection and shall deny the application.
(4) A person may protest an application under this subsection to provide transportation only on the ground that the applicant fails or will fail to comply with this subtitle, the regulations of the Commission, safety requirements of the Commission, or the safety fitness or minimum financial responsibility requirements of paragraph (1).
(c)(1) A person must file an application with the Commission for a permit to provide transportation as a contract carrier or to provide service as a households 2 goods freight forwarder. The Commission may approve any part of the application or deny the application. The application must—
(A) be under oath;
(B) contain information required by Commission regulations; and
(C) be served on persons designated by the Commission.
(2) The provisions of paragraph (2) of subsection (a) of this section shall not apply to applications under this section for authority to provide transportation as a motor contract carrier of passengers. The requirement that persons issued permits under this section as motor contract carriers of passengers be fit, willing, and able means safety fitness and proof of minimum financial responsibility under section 18 3 of the Bus Regulatory Reform Act of 1982.
(3) In deciding whether to approve the application of a person for a permit as a motor contract carrier of household goods, the Commission shall consider—
(A) the nature of the transportation proposed to be provided;
(B) the effect that granting the permit would have on the protesting carriers if such grant would endanger or impair their operations to an extent contrary to the public interest;
(C) the effect that denying the permit would have on the person applying for the permit, its shippers, or both; and
(D) the changing character of the requirements of those shippers.
(4) No motor carrier of property may protest an application to provide transportation as a motor contract carrier of household goods filed under this section unless—
(A)(i) it possesses authority to handle, in whole or in part, the traffic for which authority is applied;
(ii) it is willing and able to provide service that meets the reasonable needs of the shippers involved; and
(iii) it has performed service within the scope of the application during the previous 12-month period or has, actively in good faith, solicited service within the scope of the application during such period;
(B) it has pending before the Commission an application filed prior in time to the application being considered for substantially the same traffic; or
(C) the Commission grants leave to intervene upon a showing of other interests that are not contrary to the transportation policy set forth in
(5) With respect to applications of persons for permits as motor contract carriers of household goods, the Commission may not make a finding relating to the public interest under subsection (a)(2) of this section which is based upon general findings developed in rulemaking proceedings.
(6) The Commission may not deny any part of an application for a households 4 goods freight forwarder permit filed by a corporation controlled by, or under common control with—
(A) a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I, II, or III of
(B) a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of
(d) Each permit issued to a person—
(1) to provide transportation as a motor contract carrier is subject to
(2) to provide transportation as a water contract carrier shall specify the transportation to be provided by the carrier; and
(3) to provide service as a households 4 goods freight forwarder shall specify the nature or general description about which the service is to be provided, the area in which, and the areas between which, the service may be provided by the households 4 goods freight forwarder.
(e)(1) The Commission may prescribe necessary conditions under which a contract carrier of passengers or household goods or households 4 goods freight forwarder provides transportation or service, except that in the case of a motor contract carrier of property, the Commission may not require such carrier to limit its operations to carriage for a particular industry or within a particular geographic area. The Commission may prescribe the conditions when the permit is issued and at any time thereafter.
(2) The permit for a motor contract carrier shall specify necessary conditions, including in the case of a motor contract carrier of passengers, the number of persons, for which the carrier may provide transportation—
(A) to ensure that the carrier provides transportation as a motor contract carrier and within the scope of the permit; and
(B) to carry out requirements established by the Commission under this subtitle.
(3) Subject to the permit and its conditions, a motor contract carrier may substitute or add to its equipment and facilities as requests for its transportation develop. The Commission may not prescribe a condition preventing—
(A) a water contract carrier from substituting or adding contracts within the scope of the permit to satisfy the requirements of business development and public demand; and
(B) a water contract carrier or households 4 goods freight forwarder from adding to its equipment and facilities, and transportation or service, as the case may be, within the scope of the permit to satisfy the requirements of business development and public demand.
(f) A motor contract carrier of property may deliver to or receive from a rail carrier a trailer moving in trailer-on-flat-car service at any point on the route of the rail carrier if the motor carrier is authorized to serve the origin and destination points of the traffic.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10923(a), (b) | 49:309(b) (1st–3d sentences). | Feb. 4, 1887, ch. 104, |
| 49:909(g) (1st and 2d sentences). | Feb. 4, 1887, ch. 104, |
|
| 49:1010(b), (c) (less 2d sentence, words before semicolon), (d). | Feb. 4, 1887, ch. 104, |
|
| 10923(c), (d) | 49:309(b) (less 1st–3d sentences and last proviso). | |
| 49:909(g) (less 1st and 2d sentences). | ||
| 49:1010(e). |
The words "provide transportation" are substituted for "perform the service" in 49:309(b) and 49:909(g), and the word "transportation" is substituted for "business" in 49:309(b) and for "operations" in 49:909(g), for consistency and as being more precise because the jurisdictional grant to the Interstate Commerce Commission under subchapters II and III of
In the introductory matter of subsection (a), before clause (1), the words "authorizing the person to provide" are inserted for clarity. The words "qualified applicant therefor" in 49:309(b) and 49:1010(c) are omitted as unnecessary in view of the provisions of the section specifying the necessary qualifications of motor contract carriers and freight forwarders. The words "if it appears from the applications or from any hearing held thereon" in 49:309(b) are omitted for consistency and as unnecessary in view of the provisions of the subtitle related to Commission procedures.
In subsection (a)(1), the word "fit" is substituted for "ready" in 49:1010(c) as being more precise and for consistency. The word "properly" is omitted as surplus. The words "to be authorized by the permit" are substituted for "to perform the service proposed" in 49:909(g) and 49:1010(c) for clarity in view of the authority of the Commission to approve only part of an application. The words "requirements, rules" in 49:309(b) and 49:909(g) are omitted as being included in "regulations" and for consistency. The words "comply with this subtitle and regulations of the Commission" are made applicable to 49:1010(c) for consistency and as being necessarily implied in view of section 10321(a) of the revised title giving the Commission general authority to carry out the subtitle.
In subsection (a)(2), the words "is or" are inserted in 49:309(b) and 49:909(g) for consistency.
In subsection (b), the words "shall be in such form and" are omitted as unnecessary in view of section 10321(a) of the revised title giving the Commission general authority to carry out the subtitle.
In subsections (c) and (d), the word "provide" is substituted for "perform" in 49:1010(e) for consistency.
In subsection (c)(1), the words "subject to
In subsection (c)(2), the words "consistent with the character of the holder as a contract carrier by water" in 49:909(g) are omitted as unnecessary and for consistency.
In subsection (c)(3), the words "area" and "areas" are substituted for "territory" and "territories", respectively, in 49:1010(e) for consistency. The words "under authority of such permit" in 49:1010(e) are omitted as unnecessary.
In subsection (d), the words "reasonable terms" and "limitations" are omitted as unnecessary. The words "to the exercise of the privileges granted" in 49:1010(e) are omitted as surplus.
Pub. L. 96–258
This amends section 10923(b)(2) to make a technical change to conform to the source provision by setting out the 5 criteria separately.
References in Text
Section 18 of the Bus Regulatory Reform Act of 1982, referred to in subsec. (c)(2), is section 18 of
Amendments
1994—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (c)(3), (4).
Subsec. (c)(5).
"(5)(A) The provisions of paragraph (2) of subsection (a) of this section and paragraph (3) of this subsection shall not apply to applications under this section for authority to provide transportation by motor vehicle of food and other edible products (including edible byproducts but excluding alcoholic beverages and drugs) intended for human consumption, agricultural limestone and other soil conditioners, and agricultural fertilizers if—
"(i) such transportation is provided with the owner of the motor vehicle in such vehicle, except in emergency situations; and
"(ii) after issuance of the permit, such transportation (measured by tonnage) does not exceed, on an annual basis, the transportation provided by the motor vehicle (measured by tonnage) which is exempt from the jurisdiction of the Commission under
"(B) The Commission shall streamline and simplify, to the maximum extent practicable, the process for issuance of permits to which the provisions of subparagraph (A) of this paragraph apply."
Subsec. (c)(6), (7).
Subsec. (d).
Subsec. (e).
Subsec. (e)(1).
Subsec. (e)(2).
Subsec. (f).
1986—
1982—Subsec. (b)(2).
1980—Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(4) to (6).
Subsec. (b)(7).
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (e).
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "household".
2 So in original. Probably should be "household".
3 See References in Text note below.
4 So in original. Probably should be "household".
§10924. Licenses of motor carrier brokers
(a) The Interstate Commerce Commission shall issue, subject to
(1) the person is fit, willing, and able—
(A) to be a broker for transportation to be authorized by the license; and
(B) to comply with this subtitle and regulations of the Commission; and
(2) the transportation for which the person is to be a broker will be consistent with the public interest and the transportation policy of
(b) The Interstate Commerce Commission shall issue, subject to
(1) to be a broker for transportation to be authorized by the license; and
(2) to comply with this subtitle and regulations of the Commission.
(c)(1) The broker may provide the transportation itself only if the broker also has been issued a certificate or permit to provide the transportation under this subchapter. A broker may use only the transportation of a motor carrier holding a certificate or permit issued under this subchapter.
(2) This subsection does not apply to a motor carrier having a certificate or permit issued under this subchapter or to an employee or agent of the motor carrier to the extent the transportation is to be provided entirely by the motor carrier, with other motor carriers holding certificates or permits, or with rail, express, or water common carriers.
(d) A person must file an application with the Commission for a license to be a broker for motor carrier transportation. The Commission may approve the application or any part of it, or deny the application.
(e) Commission regulations shall provide for the protection of shippers by motor vehicle, to be observed by brokers.
(f) The Commission may impose on brokers for motor carriers of passengers such requirements for bonds or insurance or both as the Commission determines are needed to protect passengers and carriers dealing with such brokers.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10924(a), (c) | 49:311(b). | Feb. 4, 1887, ch. 104, |
| 10924(b) | 49:311(a) (words after 1st colon). | |
| 10924(d) | 49:311(c) (words before 2d comma). |
The words "requirements, rules" are omitted as being included in regulations and for consistency. The words "reasonable rules and regulations" are omitted in view of section 10321(a) of the revised title giving the Interstate Commerce Commission general authority to carry out the subtitle.
In subsection (a), the last sentence of 49:311(b) is omitted as executed. The words "subject to
In subsection (a)(1), the word "properly" is omitted as surplus. The words "to be authorized by the license" are substituted for "to perform the service proposed" for clarity in view of the authority of the Commission to approve only part of an application.
In subsection (b)(2), the word "motor" is inserted before "carrier" the first time it appears for clarity. The words "bona fide" are omitted as unnecessary.
Amendments
1994—Subsec. (e).
1982—Subsec. (a).
Subsec. (e).
Subsec. (f).
1980—Subsec. (a).
Subsecs. (b) to (e).
Effective Date of 1982 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§10925. Effective periods of certificates, permits, and licenses
(a) Each certificate, permit, and license issued under
(b) On application of the holder of a certificate, permit, or license, the Interstate Commerce Commission may amend or revoke any part of the certificate, permit, or license. On complaint or on its own initiative and after notice and an opportunity for a proceeding, the Commission may suspend, amend, or revoke any part of a certificate, permit, or license—
(1) if a motor carrier, broker, or household goods freight forwarder, for willful failure to comply with this subtitle, a regulation or order of the Commission, or a condition of its certificate, permit, or license; and
(2) if a water carrier, for willful failure to comply with
(c)(1) Except on application of the holder, the Commission may revoke a certificate or permit of a motor carrier or household goods freight forwarder, or a license of a broker, only after the Commission has issued an order to the holder under
(2) Except on application of the holder, the Commission may suspend, amend, or revoke a certificate or permit of a water carrier only after the Commission has issued an order to the holder under
(3) The Commission may act under paragraph (1) or (2) of this subsection only after giving the holder of the certificate, permit, or license at least 30 days to comply with the order.
(d)(1) Without regard to subchapter II of
(A) if a motor carrier of passengers, motor common carrier of household goods, or broker, for failure to comply with section 10701, 10702, 10761, 10762, 10924(e), or 10927(b) or (d) of this title, or an order or regulation of the Commission prescribed under those sections;
(B) if a motor contract carrier of property, for failure to comply with safety requirements of the Commission or the safety fitness requirements pursuant to section 10701, 10924(e), 10927(b) or (d), or 31144,1 of this title;
(C) if a motor common carrier of property other than household goods, for failure to comply with safety requirements of the Commission or the safety fitness requirements pursuant to section 10701, 10702, 10924(e), 10927(b) or (d), or 31144 of this title; and
(D) if a household goods freight forwarder, for failure to comply with section 10762 or 10927(c) or (d) of this title, or an order or regulation of the Commission prescribed under those sections.
(2) Without regard to subchapter II of
(3) The Commission may suspend the certificate, permit, or license only after it gives notice of the suspension to the holder at least 15 days before the date the suspension is to begin. The suspension remains in effect until the holder complies with those applicable sections or, in the case of a suspension under paragraph (2) of this subsection, until the Commission revokes such suspension.
(e)(1) On application of a motor contract carrier who holds a permit issued under
(A) do not conform with the operations of a motor contract carrier; and
(B) are those of a motor common carrier;
the Commission may amend or revoke such permit or part thereof to conform the operations under such permit or part thereof to the operations of a motor contract carrier.
(2) The Commission may issue in place of any permit or part thereof revoked under this subsection a certificate under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10925(a) | 49:312(a) (1st sentence). | Feb. 4, 1887, ch. 104, |
| 49:912a(1). | Feb. 4, 1887, ch. 104, |
|
| 49:1010(f) (1st sentence). | Feb. 4, 1887, ch. 104, |
|
| 10925(b) | 49:312(a) (2d sentence less provisos). | |
| 49:912a(2) (less proviso). | ||
| 49:1010(f) (2d sentence less provisos). | ||
| 10925(c) | 49:312(a) (2d sentence 1st proviso). | |
| 49:912a(2) (proviso). | ||
| 49:1010(f) (2d sentence 1st proviso). | ||
| 10925(d) | 49:312(a) (2d sentence 2d proviso). | |
| 49:1010(f) (2d sentence 2d proviso). |
In subsection (a), the words "except as otherwise provided in this section" are substituted for "until suspended or terminated as herein provided" in 49:312(a) and 49:1010(f) and for "until suspended or revoked as provided in this section" in 49:912a, for clarity.
In subsections (b) and (c), the word "amend" is substituted for "changed" in 49:312a(a) and 49:912a and for "modified" in 49:1010(f) for consistency.
In subsection (b), the words "in the discretion of the Commission" are omitted as surplus. The words "after notice and an opportunity for a proceeding" are substituted for "after notice and hearing" in 49:312(a) and 49:1010(f), and for "after reasonable notice and opportunity for hearing" in 49:912a, for clarity and consistency.
In subsections (b)(1) and (c)(1), the words "term", "lawful", "rule", and "or limitation" in 49:312(a) and 49:1010(f) are omitted for consistency and to eliminate surplus language.
In subsections (b)(2) and (c)(2), the words "
In subsection (d), the words "Without regard to subchapter II of
Amendments
1994—Subsec. (d)(1)(A).
Subsec. (d)(1)(B) to (D).
1986—Subsecs. (b)(1), (c)(1), (d)(1).
1983—Subsec. (d)(1).
1982—Subsec. (d)(2), (3).
Subsec. (e).
1980—Subsec. (d)(1)(A).
Subsec. (e).
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
1 So in original. The comma probably should not appear.
§10926. Transfers of certificates and permits
Except as provided in this subtitle, a certificate or permit issued under
(1) if a certificate or permit of a motor carrier, may be transferred under regulations of the Interstate Commerce Commission;
(2) if a certificate or permit of a water carrier, may be transferred under regulations prescribed by the Commission to protect the public interest and to ensure compliance with this subtitle; and
(3) if a permit of a household goods freight forwarder, may be transferred under regulations prescribed by the Commission to ensure compliance with this subtitle, if the Commission finds that the person to whom the permit is to be transferred satisfies section 10923(a) and (b) 1 of this title. However, if the proposed transfer would affect the interests of employees of a household goods freight forwarder, the Commission shall require a fair and equitable arrangement to protect the interests of those employees before the transfer is effective.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10926(1) | 49:312(b). | Feb. 4, 1887, ch. 104, |
| 10926(2) | 49:912. | Feb. 4, 1887, ch. 104, |
| 10926(3) | 49:1010(g). | Feb. 4, 1887, ch. 104, |
In the introductory matter before clause (1), the words "in this subtitle" are substituted for "in
In clauses (1) and (3), the words "rules and" are omitted as surplus.
In clause (3), the words "or any right to engage in service subject to this chapter pending disposition of any application made to the Commission for a permit" are omitted as executed in view of 49:1010(a)(1) that provided for freight forwarder operations for a limited period of time after enactment of 49:1010 on May 16, 1942, and that period has expired. The words "and any right to a permit when issued" are omitted as unnecessary.
References in Text
Amendments
1986—Par. (3).
Effective Date of 1986 Amendment
Amendment by
1 See References in Text note below.
§10927. Security of motor carriers, brokers, and freight forwarders
(a)(1) The Commission may issue a certificate under section 10922 or 10530 or a permit under section 10923 only if the carrier (including a motor private carrier and a foreign motor private carrier) applying for such certificate files with the Commission a bond, insurance policy, or other type of security approved by the Commission, in an amount not less than such amount as the Secretary of Transportation prescribes pursuant to, or as is required by, section 30 1 of the Motor Carrier Act of 1980, section 18 1 of the Bus Regulatory Reform Act of 1982, and the laws of the State or States in which the carrier is operating, to the extent applicable. The security must be sufficient to pay, not more than the amount of the security, for each final judgment against the carrier for bodily injury to, or death of, an individual resulting from the negligent operation, maintenance, or use of motor vehicles under the certificate or permit, or for loss or damage to property (except property referred to in paragraph (3) of this subsection), or both. A certificate or permit remains in effect only as long as the carrier satisfies the requirements of this paragraph.
(2) A motor carrier and a foreign motor private carrier and foreign motor carrier (as defined under section 10530(a)) operating in the United States when providing transportation between places in a foreign country or between a place in one foreign country and a place in another foreign country shall comply with the requirements of sections 10329 and 10330 that apply to a motor carrier providing transportation subject to the jurisdiction of the Commission under subchapter II of
(3) The Commission may require a motor common carrier providing transportation under a certificate to file with the Commission a type of security sufficient to pay a shipper or consignee for damage to property of the shipper or consignee placed in the possession of the motor common carrier as the result of transportation provided under this subtitle. A carrier required by law to pay a shipper or consignee for loss, damage, or default for which a connecting motor common carrier is responsible is subrogated, to the extent of the amount paid, to the rights of the shipper or consignee under any such security.
(b) The Commission may issue a broker's license to a person under
(c)(1) The Commission may require a household goods freight forwarder providing service under a permit issued under
(2) The Commission may require a household goods freight forwarder providing service under a permit or a freight forwarder to file with the Commission a bond, insurance policy, or other type of security approved by the Commission sufficient to pay, not more than the amount of the security, for loss of, or damage to, property for which the freight forwarder provides service.
(d) The Commission may determine the type and amount of security filed with it under this section.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10927(a)(1) | 49:315 (1st sentence related to filing security). | Feb. 4, 1887, ch. 104, |
| 10927(a)(2) | 49:303(a)(11) (last sentence). | Feb. 4, 1887, ch. 104, |
| 49:315 (last sentence). | ||
| 10927(a)(3) | 49:315 (2d and 3d sentences related to filing security). | |
| 10927(b) | 49:311(c) (words after 2d comma). | Feb. 4, 1887, ch. 104, |
| 10927(c)(1) | 49:1003(d) (related to filing security). | Feb. 4, 1887, ch. 104, |
| 10927(c)(2) | 49:1003(c) (related to filing security). | |
| 10927(d) | 49:315 (related to kind and amount of security). | |
| 49:1003(c), (d) (related to kind and amount of security). |
In subsection (a), the word "reasonable" is omitted as unnecessary. The words "rules and regulations as the Commission shall prescribe", "rules and regulations as it shall prescribe" and "regulations" are omitted in view of section 10321(a) of the revised title giving the Interstate Commerce Commission general authority to carry out the subtitle.
In subsection (a)(1), the word "each" is inserted for clarity. The phrase "(except property referred to in paragraph (3) of this subsection)" is inserted for clarity and consistency.
In subsection (a)(2), the words "and these provisions of
In subsection (a)(3), the words "motor common carrier providing transportation under a certificate" are substituted for "such common carrier" for clarity. The words "in its discretion" and "legally" are omitted as surplus. The word "service" is omitted for consistency and because the jurisdictional grant to the Commission under subchapter II of
In subsection (b), the words "in such form and amount" are omitted as unnecessary in view of section 10321(a) of the revised title giving the Commission general authority to carry out the subtitle.
In subsection (c), the words "to prescribe reasonable rules and regulations" are omitted in view of section 10321(a) of the revised title giving the Commission general authority to carry out the subtitle. The word "providing" is substituted for "performance" for consistency.
References in Text
Section 30 of the Motor Carrier Act of 1980, referred to in subsec. (a)(1), is section 30 of
Section 18 of the Bus Regulatory Reform Act of 1982, referred to in subsec. (a)(1), is section 18 of
Amendments
1994—Subsec. (a)(1).
1988—Subsec. (a)(1).
Subsec. (a)(2).
1986—Subsec. (c).
1984—Subsec. (a)(1).
Subsec. (a)(2).
1982—Subsec. (a)(1).
1980—Subsec. (a)(1).
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Financial Responsibility
Section 18(a)–(g) of
Minimum Financial Responsibility for Motor Carriers Engaged in Transportation of Property for Hire for Public Liability, Property Damage, and Environmental Restoration; Oil or Hazardous Materials, Substances, or Wastes; Penalty; Report to Congress; Vehicles Affected; Definitions
Section 30 of
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§10928. Temporary authority for motor and water carriers
(a) Without regard to subchapter II of
(b)(1) Without regard to subchapter II of
(2) The Commission shall take final action upon an application filed under this subsection no later than 90 days after the date the application is filed with the Commission.
(c)(1) Without regard to subchapter II of
(2) The Commission shall take final action upon an application filed under this subsection not later than 15 days after the date the application is filed with the Commission.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10928 | 49:310a(a), (c). | Feb. 4, 1887, ch. 104, |
| 49:911(a). | Feb. 4, 1887, ch. 104, |
The word "transportation" is substituted each place for "service" and "transportation service" for consistency and as being more precise because the jurisdictional grant to the Interstate Commerce Commission under subchapter III of
Amendments
1982—Subsec. (a).
Subsec. (b)(1).
Subsec. (c)(1).
1980—
Effective Date of 1982 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§10929. Temporary authority for previously exempt water transportation
When transportation exempt from the jurisdiction of the Interstate Commerce Commission under section 10544(a)–(c) of this title becomes subject to the jurisdiction of the Commission, the water carrier may continue to provide the transportation without a certificate or permit issued under this subchapter for a period of 120 days beginning on the day the transportation becomes subject to the jurisdiction of the Commission. If the carrier applies to the Commission within that period for a certificate or permit to provide the transportation previously exempt, the Commission shall issue to the carrier the appropriate certificate or permit authorizing the transportation. The Commission shall issue each such certificate and permit without regard to subchapter II of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10929 | 49:903(l). | Feb. 4, 1887, ch. 104, |
The word "water" is inserted before "carrier" the first time it appears for clarity. The words "beginning on the day the transportation becomes subject to the jurisdiction of the Commission" are inserted for clarity. The words "without regard to subchapter II of
§10930. Limitations on certificates and permits
(a) Except when the Interstate Commerce Commission finds good cause consistent with the public interest and the transportation policy of
(1) a person may not hold both a certificate of a water common carrier and a permit of a water contract carrier issued under this subchapter, to transport property over the same route or in the same area; and
(2) if a person controls, is controlled by, or is under common control with, another person, one of them may not hold a certificate of a water common carrier, while the other holds a permit of a water contract carrier, to transport property over the same route or in the same area.
(b)(1) A person may not hold a permit of a household goods freight forwarder issued under this subchapter if the person is a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I, II, or III of
(2) Except for motor vehicle transportation subject to the jurisdiction of the Commission under subchapter IV of
(3) Except when the Commission finds that service to be provided as a household goods freight forwarder is consistent with the public interest and the transportation policy of
(A) the principal business of the person is manufacturing and selling, or buying and selling, or both manufacturing and selling and buying and selling articles or commodities, and the service of a household goods freight forwarder (or similar assembling, consolidating, and shipping service is provided by the person for its own business) is commonly used to transport the articles or commodities; or
(B) the person controls, is controlled by, or is under common control with, a person referred to in clause (A) of this paragraph.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10930(a) | 49:310. | Feb. 4, 1887, ch. 104, |
| 49:910. | Feb. 4, 1887, ch. 104, |
|
| 10930(b)(1) | 49:1010(c) (2d sentence words before semicolon). | Feb. 4, 1887, ch. 104, |
| 10930(b)(2) | 49:1010(h). | |
| 10930(b)(3) | 49:1011(b) (less last proviso). |
In subsection (a), the words "or shall have found" are omitted as executed.
In subsection (b)(2), the words "subject to the jurisdiction of the Commission under subchapter I, II, or III of that chapter" are substituted for "is to be regulated as service subject to this chapter" for clarity and consistency.
In subsection (b)(3), the words "It shall be unlawful for", "operations are of such character that", "or forwarders", and "in connection with the transportation" are omitted as unnecessary. The words "under
Amendments
1986—Subsec. (b).
1980—Subsec. (a)(1).
Subsec. (a)(2).
Effective Date of 1986 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§10931. Motor common carriers providing transportation entirely in one State
(a) A motor common carrier may provide transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter II of
(1) the carrier provides transportation entirely in one State;
(2) the carrier is not controlled by, controlling, or under common control with a carrier providing transportation outside the State;
(3) the carrier has applied for, and has been issued, a certificate of public convenience and necessity by the State authority having jurisdiction to issue such a certificate, permitting the carrier to provide intrastate transportation by motor vehicle; and
(4) the intrastate certificate was issued after, and the certificate states that—
(A) notice was given to interested parties through publication in the Federal Register of the filing of the application by the carrier and the desire of the carrier to provide transportation otherwise under the jurisdiction of the Commission within the limits of the certificate issued by the State authority;
(B) reasonable opportunity to be heard was given; and
(C) the State authority considered and found that the public convenience and necessity require that the carrier be permitted to provide transportation under the jurisdiction of the Commission within limits that do not exceed the scope of the certificate issued by the State authority.
(b) An interested party that opposed issuing the certificate to a motor common carrier in a proceeding before a State authority may petition the Commission for reconsideration of a decision of the State authority. On reconsideration, the Commission, based on the record before the State authority, may affirm, reverse, or change that decision, but only with respect to the transportation subject to Commission jurisdiction.
(c) The Commission may require, before a motor common carrier provides transportation authorized under this section, that—
(1) a certified copy of the carrier's intrastate certificate and other appropriate information be filed with the Commission; and
(2) the carrier comply with applicable requirements established by the Commission.
(d)(1) The Commission shall issue a certificate of registration to a motor common carrier authorizing the carrier to provide transportation under this section. The authority granted under the certificate is subject to all other applicable provisions of this subtitle. Except as otherwise provided in this sub
(2) The certificate of registration issued by the Commission is valid as long as the motor common carrier provides transportation entirely in the State from which it received its intrastate certificate and is not controlled by, controlling, or under common control with, a carrier providing transportation outside the State.
(e)(1) On the 180th day after the termination, restriction in scope, or suspension of the intrastate certificate, the authority granted under this section to provide transportation is revoked or likewise restricted unless the intrastate certificate is renewed or reissued or the restriction is removed by that 180th day.
(2) Transportation authorized under this section may be suspended or revoked by the Commission under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10931(a) | 49:306(a)(6) (1st sentence). | Feb. 4, 1887, ch. 104, |
| 10931(b) | 49:306(a)(6) (last sentence). | |
| 10931(c) | 49:306(a)(6) (6th sentence). | |
| 10931(d) | 49:306(a)(6) (2d and 3d sentences). | |
| 10931(e) | 49:306(a)(6) (4th and 5th sentences). |
In the section, the word "transportation" is substituted for "operations" for consistency and in view of the jurisdiction of the Interstate Commerce Commission over transportation under subchapter II of
In subsection (a), the words "On and after October 15, 1962" are omitted as executed. The words "interested parties" are substituted for "interested persons" for consistency and as being more precise. The words "duly" and "the question of the proposed interstate and foreign operations" are omitted as unnecessary.
In subsection (b), the words "In accordance with such reasonable rules as may be prescribed by the Commission" are omitted as unnecessary in view of section 10321(a) of the revised title giving the Commission general authority to carry out the subtitle and to prescribe regulations.
In subsection (c), the word "information" is substituted for "statements and data" to eliminate redundancy.
In subsection (d), the words "and the regulations prescribed hereunder" and "pursuant to such rules and regulations as may be prescribed by the Commission" are omitted as unnecessary in view of section 10321(a) of the revised title giving the Commission general authority to carry out the subtitle and to prescribe regulations. The words "otherwise provided in this subsection" are substituted for "in the conditions and limitations stated herein" as being more precise. The word "revokes" is substituted for "shall terminate" for consistency.
In subsection (e), the word "revoked", with respect to Commission action, is substituted for "terminated" for consistency. The words "under
Section Referred to in Other Sections
This section is referred to in
§10932. Motor carrier savings provisions
(a) Except as specifically provided in a certificate or permit, the holder of a motor carrier certificate or permit issued as the result of an application filed before September 2, 1950, authorizing the carrier to provide transportation in the United States or between the United States and a foreign country (to the extent the transportation is in the United States), may provide the transportation between a place in the United States and a place in a territory or possession of the United States—
(1) without being authorized to do so by the Interstate Commerce Commission; and
(2) to the same extent and subject to the same conditions of the certificate or permit of the carrier.
(b)(1) A motor common carrier providing transportation under an intrastate certificate issued by a State and under a certificate of registration issued by the Commission under section 206(a)(7) of the Interstate Commerce Act (
(A) if the certificate of the State authorizing intrastate transportation is limited to a specified period of time, only for that period;
(B) subject to all other applicable provisions of this subtitle;
(C) as long as the carrier provides transportation only in the State issuing the intrastate certificate; and
(D) as long as the carrier is not controlled by, controlling, or under common control with, a carrier providing transportation outside the State.
(2) Except as provided in subchapter III of
(3) On the 180th day after the termination, restriction in scope, or suspension of the intrastate certificate, the authority granted under the certificate of registration is revoked or likewise restricted unless the intrastate certificate is renewed or reissued or the restriction is removed by that 180th day. The certificate of registration may be suspended or revoked by the Commission under
(c) Under regulations of the Commission, a motor common carrier transporting passengers under a certificate issued by the Commission as the result of an application filed before January 2, 1967, or under a reissuance of the operating authority provided in the certificate, may provide transportation to any place subject to the jurisdiction of the Commission under subchapter II of
(d) The Commission may not prescribe a condition for a motor contract carrier permit issued before August 23, 1957, that restricts the authority of the carrier—
(1) to substitute similar contracts within the scope of the permit; or
(2) to add contracts within the scope of the permit, unless the Commission, on its own initiative or on petition of an interested carrier, finds that the scope of the transportation to be provided by the motor contract carrier under any such additional contract is not confined to transportation provided by a motor contract carrier as defined after August 21, 1957.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10932(a) | 49:306(a)(2), 309(a)(2). | Feb. 4, 1887, ch. 104, |
| 10932(b) | 49:306(a)(7). | Feb. 4, 1887, ch. 104, |
| 10932(c) | 49:308(c). | Feb. 4, 1887, ch. 104, |
| 10932(d) | 49:309(b) (last proviso). | Feb. 4, 1887, ch. 104, |
In subsection (a), the words "heretofore issued under this chapter, or hereafter issued under this chapter" are omitted as unnecessary in view of section 10321(a) of the revised title giving the Interstate Commerce Commission general authority to carry out the subtitle and to prescribe regulations. The words "in the United States or between the United States and a foreign country (to the extent the transportation is in the United States)" are substituted for "interstate or foreign commerce" for consistency and as being more informative. The words "over any route or routes or within any territory" and "limitations" are omitted as unnecessary. The words "may provide the transportation" are substituted for "may . . . engage" for consistency and in view of the jurisdiction of the Commission over transportation under subchapter II of
In subsection (b), the first and second sentences of paragraph (7)(A) and all of paragraph (7)(B) of 49:306(a)(7) are omitted as executed. The word "transportation" is substituted for "operations" for consistency and in view of the jurisdiction of the Commission over transportation. The words "interstate or foreign commerce" are omitted as being already included in the words "subject to the jurisdiction of the Commission under subchapter II of
In subsection (b)(2) and (3), the words "revokes" and "revoked" with respect to Commission action, are substituted for "shall terminate" and "terminate", respectively, for consistency. The words "under
In subsection (c), the words "interstate or foreign commerce" are omitted as being already included in the words "subject to the jurisdiction of the Commission under subchapter II of
In subsection (d), the words "terms, or limitations" are omitted as unnecessary. The words "on its own initiative" are substituted for "on its own motion" for consistency.
References in Text
Section 206(a)(7) of the Interstate Commerce Act, referred to in subsec. (b)(1), was classified to section 306(a)(7) of former Title 49, Transportation, from which subsec. (b) of this section was derived, and was repealed by
Section Referred to in Other Sections
This section is referred to in
§10933. Authorizing abandonment of household goods freight forwarder service
When a household goods freight forwarder is controlled by, or under common control with, a common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I, II, or III of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10933 | 49:1010(i) (1st sentence). | Feb. 4, 1887, ch. 104, |
The words "only if" are substituted for "unless and until" for consistency and to eliminate redundancy. The words "describing the abandonment authorized by the Commission" are inserted for clarity and consistency.
Amendments
1986—
Effective Date of 1986 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§10934. Household goods agents
(a) Each motor common carrier providing transportation of household goods subject to the jurisdiction of the Commission under subchapter II of
(b) Each motor common carrier providing transportation of household goods subject to the jurisdiction of the Commission under subchapter II of
(c)(1) Whenever the Commission has reason to believe from a complaint or investigation that an agent providing household goods transportation services (including accessorial and terminal services) under the authority of a motor common carrier providing transportation of household goods subject to the jurisdiction of the Commission under subchapter II of
(2) Such agent shall have the right to appear at such hearing and rebut the charges contained in the complaint.
(3) If such person does not appear at the hearing or if the Commission finds that the agent has violated
(4) Upon filing of a petition with the Commission by an agent who is the subject of an order issued pursuant to the second sentence of paragraph (3) of this subsection and after notice, a hearing shall be held with an opportunity to be heard. At such hearing, a determination shall be made whether the order issued pursuant to paragraph (3) of this subsection should be rescinded.
(5) Any agent adversely affected or aggrieved by an order of the Commission issued under this subsection may seek relief in the appropriate United States court of appeals as provided by and in the manner prescribed in
(d) The antitrust laws, as defined in the first section of the Clayton Act (
(Added
Amendments
1984—Subsec. (c)(1), (3).
Section Referred to in Other Sections
This section is referred to in
§10935. Discontinuing bus transportation in one State
(a) When a motor common carrier of passengers having intrastate authority under the laws of a State, and interstate authority under a certificate issued under
(b) When a petition is filed under subsection (a) of this section, the carrier shall certify that he has notified (1) the Governor of the State in which such transportation is provided, (2) the State authority having jurisdiction over granting discontinuances of transportation by motor common carriers of passengers and reductions in levels of service by such carriers, (3) local governments having jurisdiction over areas which would be affected if such petition is granted, and (4) such other interested persons as the Commission may specify by regulation.
(c) Any person (including a department, agency, or instrumentality of a State or local government) may object to the Commission to the granting of permission to any motor common carrier of passengers to discontinue or reduce transportation under this section.
(d) If no person objects under subsection (c) of this section to the granting of permission to discontinue or reduce transportation under this section within 20 days after the carrier files with the Commission the petition for such discontinuance or reduction, the Commission shall grant such permission at the end of such 20-day period.
(e)(1)(A) Subject to paragraph (3) of this subsection, if, within 20 days after a carrier files a petition for permission to discontinue providing intrastate transportation over any route to any point or to reduce its level of service over such route to such point to a level which is less than one trip per day (excluding Saturdays and Sundays), any person objects under subsection (c) of this section to the Commission to the granting of such permission, the Commission shall grant such permission unless the Commission finds, on the basis of evidence presented by the person objecting to the granting of such permission, that such discontinuance or reduction is not consistent with the public interest or that continuing the transportation, without the proposed discontinuance or reduction, will not constitute an unreasonable burden on interstate commerce.
(B) This paragraph shall apply to intrastate transportation of passengers which is being provided by a motor common carrier of passengers on a route over which such carrier was granted, on or before August 1, 1982, authority to provide interstate transportation of passengers.
(2)(A) Subject to paragraph (3) of this subsection, if, within 20 days after a carrier files a petition for permission to discontinue providing intrastate transportation over any route to any point or to reduce its level of service over such route to such point to a level which is less than one trip per day (excluding Saturdays and Sundays), any person objects under subsection (c) of this section to the Commission to the granting of such permission, the Commission shall grant such permission unless the Commission finds, on the basis of evidence presented by the person objecting to the granting of such permission, that continuing the transportation, without the proposed discontinuance or reduction, will not constitute an unreasonable burden on interstate commerce. For the purposes of this paragraph, continuance of the transportation would not constitute an unreasonable burden on interstate commerce only if discontinuance or reduction of such transportation is not consistent with the public interest and the interstate and intrastate revenues from such service under reasonable pricing practices are not less than the variable costs of providing the transportation proposed to be discontinued or reduced.
(B) This paragraph shall apply to intrastate transportation of passengers which is being provided by a motor common carrier of passengers on a route over which such carrier was granted after August 1, 1982, and before the effective date of this section, or is granted on or after such effective date, authority to provide interstate transportation of passengers.
(3) The Commission shall only grant permission to a carrier to discontinue intrastate transportation over any route to any point under this subsection if such carrier has applied for authority to discontinue its interstate transportation over such route to such point under
(4) If any person objects under subsection (c) of this section to the granting of permission to discontinue or reduce transportation under this section within 20 days after the carrier files with the Commission the petition for such discontinuance or reduction, the carrier, within 15 days after the filing of such objection with the Commission, shall furnish to the Commission and to objecting persons—
(A) an estimate of the annual subsidy required, if any, to continue the service;
(B) traffic, revenue, and other data necessary to determine the amount of annual financial assistance, if any, which would be required to continue the service; and
(C) such other information as the Commission may require by regulation.
The Commission shall take final action upon such petition not later than 90 days after the date the carrier files such petition.
(f) Before a discontinuance or reduction in level of service proposed in a petition filed by a carrier under subsection (a) of this section has become effective, the Commission may order the carrier to continue any part of the intrastate transportation in not to exceed the 165-day period beginning on the date the carrier files such petition with the Commission.
(g)(1) In making a finding under subsection (e)(1) of this section, the Commission shall accord great weight to the extent to which interstate and intrastate revenues received for providing the transportation proposed to be discontinued or reduced are less than the variable costs of providing such transportation, including depreciation for revenue equipment. For purposes of the preceding sentence, the carrier filing a petition for permission to discontinue or reduce service shall have the burden of proving the amount of the interstate and intrastate revenues received for providing the transportation and the variable costs of providing the transportation.
(2) In making a finding under subsection (e)(1) or (e)(2) of this section, the Commission shall consider, to the extent applicable, at least—
(A) the national transportation policy of
(B) whether the motor common carrier of passengers has received an offer of, or is receiving, financial assistance to provide the transportation to be discontinued or reduced from a financially responsible person (including a governmental authority); and
(C) in the case of a petition to discontinue transportation to any point, whether the transportation is the last motor carrier of passenger service to such point and whether a reasonable alternative to such service is available.
(h) No State or political subdivision thereof and no interstate agency or other agency of two or more States shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law relating to discontinuance or reduction in the level of intrastate service by a motor common carrier of passengers subject to the jurisdiction of the Commission under subchapter II of
(i) This section shall not apply to any carrier owned or controlled by a State or local government.
(Added
References in Text
The effective date of this section, referred to in subsec. (e)(2)(B), is the 60th day after Sept. 20, 1982, see section 31(a) of
Amendments
1994—Subsecs. (a), (e)(3).
Effective Date
Section effective the 60th day after Sept. 20, 1982, see section 31(a) of
Employee Protection
Section 27 of
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§10936. Limitation on State regulation of intrastate passengers by bus
A State or political subdivision of a State may not enforce any law or regulation relating to intrastate fares for the transportation of passengers by bus by an interstate motor carrier of passengers over a route authorized by the Commission.
(Added
Section Referred to in Other Sections
This section is referred to in
CHAPTER 111 —OPERATIONS OF CARRIERS
SUBCHAPTER I—GENERAL REQUIREMENTS
SUBCHAPTER II—CAR SERVICE
SUBCHAPTER III—REPORTS AND RECORDS
SUBCHAPTER IV—RAILROAD COST ACCOUNTING
Amendments
1994—
1986—
1982—
1980—
SUBCHAPTER I—GENERAL REQUIREMENTS
§11101. Providing transportation and service
(a) A common carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under
(b) The Commission may prescribe requirements for continuous and adequate transportation and service provided by motor common carriers and household goods freight forwarders subject to the jurisdiction of the Commission under subchapters II and IV of
(c) The Commission may not regulate the duration of, or the amount of compensation payable under, an arrangement between a motor carrier and another party to use, with a driver, a motor vehicle not owned by that carrier to transport property when—
(1) the motor vehicle—
(A) to be used is that of (i) a farmer or a cooperative association or a federation of cooperative associations under section 10526(a)(4) or (5) of this title, or (ii) a motor private carrier and it is used regularly in the transportation of property referred to in
(B) is to be used by the carrier in a single movement or in one or more of a series of movements, loaded or empty, in the general direction of the general area where the motor vehicle is based; or
(2) the motor vehicle to be used has completed a movement exempt under
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11101(a) | 49:1(4) (1st sentence 14th–23d words). | Feb. 4, 1887, ch. 104, §1(4) (1st sentence 14th–23d words); |
| 49:316(a) (25th–44th words), (b) (16th–33d words). | Feb. 4, 1887, ch. 104, |
|
| 49:905(a) (1st sentence 1st cl.). | Feb. 4, 1887, ch. 104, |
|
| 49:1004(a) (1st cl.). | Feb. 4, 1887, ch. 104, |
|
| 11101(b) | 49:304(a)(1) (related to service). | Feb. 4, 1887, ch. 104, |
| 49:1003(b). | Feb. 4, 1887, ch. 104, |
|
| 11101(c) | 49:304(f). | Feb. 4, 1887, ch. 104, |
Subsection (a) restates and consolidates the source provisions for clarity. The words "or service" are retained as related to freight forwarders in view of subchapter IV of
In subsection (b), the word "prescribe" is substituted for "establish" for consistency. The word "reasonable" is omitted as surplus. The words "of passengers" are inserted for clarity. The provisions related to regulation of common and contract carriers by motor vehicle and brokers are omitted as surplus in view of the jurisdiction of the Interstate Commerce Commission under subchapter II of
In subsection (c), the words "may not" are substituted for "nothing in this chapter shall be construed to authorize" for clarity. The word "arrangement" is substituted for "lease, contract, or other arrangement" to eliminate redundancy. The words "referred to in" are substituted for "of a character embraced within" for clarity.
Pub. L. 96–258
This makes technical changes in section 11101(c)(1) to conform to the source provision.
Amendments
1993—Subsec. (d).
1986—Subsec. (b).
1980—Subsec. (a).
Subsec. (c)(1).
Subsec. (c)(2).
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1980 Amendments
Amendment by
Amendment by
Section Referred to in Other Sections
This section is referred to in
§11102. Classification of carriers
The Interstate Commerce Commission may classify and maintain requirements for groups of carriers included in the terms "motor common carrier", "water common carrier", "motor contract carrier", or "water contract carrier" and for brokers, when required because of the special nature of the transportation provided by them.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11102 | 49:304(b). | Feb. 4, 1887, ch. 104, |
| 49:904(c). | Feb. 4, 1887, ch. 104, |
The words "just and reasonable . . . consistent with the provisions of this chapter . . . to be observed by . . . deems necessary or desirable in the public interest" are omitted as surplus. The words "transportation provided" are substituted for "services performed" for consistency and in view of the definition of "transportation" in section 10102 of the revised title.
§11103. Use of terminal facilities
(a) The Interstate Commerce Commission may require terminal facilities, including main-line tracks for a reasonable distance outside of a terminal, owned by a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of
(b) A rail carrier whose terminal facilities are required to be used by another carrier under this section is entitled to recover damages from the other carrier for injuries sustained as the result of compliance with the requirement or for compensation for the use, or both, as appropriate, in a civil action, if it is not satisfied with the conditions for use of the facilities or if the amount of the compensation is not paid promptly.
(c)(1) The Commission may require rail carriers to enter into reciprocal switching agreements, where it finds such agreements to be practicable and in the public interest, or where such agreements are necessary to provide competitive rail service. The carriers entering into such an agreement shall establish the conditions and compensation applicable to such agreement, but, if the carriers cannot agree upon such conditions and compensation within a reasonable period of time, the Commission may establish such conditions and compensation.
(2) The Commission may require reciprocal switching agreements entered into by rail carriers pursuant to this subsection to contain provisions for the protection of the interests of employees affected thereby.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11103 | 49:3(5). | Feb. 4, 1887, ch. 104, |
In subsection (a), the words "may require" are substituted for "shall have power by order to require" to eliminate redundancy. The words "carriers are responsible for establishing" are substituted for "carriers affected may agree" for clarity. The word "conditions" is substituted for "terms" for consistency. The word "establish" is substituted for "fix" for consistency. The words "just and reasonable" are omitted as surplus in view of the requirement that conditions be established as if in a condemnation proceeding. The word "duly" is omitted as surplus.
In subsection (b), the words "civil action" are substituted for "suit or action" to conform to title 28. The word "proper" is omitted as surplus. The words "as appropriate" are substituted for "as the case may be" for clarity.
Amendments
1980—Subsec. (c).
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§11104. Switch connections and tracks
(a) On application of the owner of a lateral branch line of railroad, or of a shipper tendering interstate traffic for transportation, a common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(1) is reasonably practicable;
(2) can be made safely; and
(3) will furnish sufficient business to justify its construction and maintenance.
(b) If a common carrier fails to install and operate a switch connection after application is made under subsection (a) of this section, the owner of the lateral branch line of railroad or the shipper may file a complaint with the Commission under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11104 | 49:1(9). | Feb. 4, 1887, ch. 104, |
In subsection (a), the words "the owner of" are inserted for clarity and for consistency with 49:1(9) (last sentence). The words "a switch connection to connect" are substituted for "which may be constructed to connect" for clarity.
In subsection (b), the word "investigate" is substituted for "hear and investigate" to eliminate redundancy. The words "decide" and "full hearing" are inserted for clarity and as substitutes for the cross reference to 49:15. The last clause of 49:1(9) (last sentence) is omitted as unnecessary in view of section 10324 of the revised title.
Section Referred to in Other Sections
This section is referred to in
§11105. Protective services
A rail or express carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11105 | 49:1(14)(b) [(c)]. | Feb. 4, 1887, ch. 104, |
The words "may . . . only when" are substituted for "It shall be unlawful for . . . unless and until" for clarity. The words "make or enter into" are omitted as unnecessary. The word "arrange" is substituted for "contract, agreement, or arrangement" to eliminate redundancy. The words "finds the arrangement" are substituted for "has been submitted to and approved by" in view of subchapter II of
[49:1(14)(b) was redesignated 49:1(14)(c) by
Section Referred to in Other Sections
This section is referred to in
§11106. Identification of motor vehicles
(a) The Interstate Commerce Commission may—
(1) issue and require the display of an identification plate on a motor vehicle used in transportation subject to its jurisdiction under subchapter II of
(2) require the carrier to pay the reasonable cost of the plate.
(b) A carrier may use an identification plate only as authorized by the Commission.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11106(a) | 49:324 (1st sentence). | Feb. 4, 1887, ch. 104, |
| 11106(b) | 49:324 (less 1st sentence). |
In subsection (a), the word "may" is substituted for "is authorized" for clarity. The words "under such rules and regulations as it shall prescribe" are omitted as unnecessary in view of subchapter II of
In subsection (b), the word "use" is substituted for "substitute, transfer, or use" to eliminate redundancy. The words "is prohibited and shall be unlawful" are omitted as surplus. The next-to-last sentence is omitted as surplus in view of
§11107. Leased motor vehicles
(a) Except as provided in
(1) make the arrangement in writing signed by the parties specifying its duration and the compensation to be paid by the motor carrier;
(2) carry a copy of the arrangement in each motor vehicle to which it applies during the period the arrangement is in effect;
(3) inspect the motor vehicles and obtain liability and cargo insurance on them; and
(4) have control of and be responsible for operating those motor vehicles in compliance with requirements prescribed by the Secretary of Transportation on safety of operations and equipment, and with other applicable law as if the motor vehicles were owned by the motor carrier.
(b) The Commission shall require, by regulation, that any arrangement, between a motor carrier of property providing transportation subject to the jurisdiction of the Commission under subchapter II of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11107 | 49:304(e). | Feb. 4, 1887, ch. 104, |
The section restates the source provisions for clarity and to reflect the transfer to the Secretary of Transportation of the Commission's functions related to safety of operations. The words "Except as provided in
Amendments
1980—
§11108. Water carriers subject to unreasonable discrimination in foreign transportation
(a) The Interstate Commerce Commission may relieve a water carrier providing transportation subject to the jurisdiction of the Commission under subchapter III of
(b) The Commission may begin a proceeding under this section on its own initiative or on application.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11108(a) | 49:904(d) (less 1st–12th words). | Feb. 4, 1887, ch. 104, |
| 11108(b) | 49:904(d) (1st–12th words). |
In subsection (a), the words "subject to the jurisdiction of the Commission under subchapter III of
In subsection (b) the words "The Commission may begin a proceeding under this section on its own initiative or on application" are substituted for "upon application, or upon its own initiative without application" and "whenever it shall appear from complaint made to the Commission or otherwise" for clarity and consistency.
§11109. Loading and unloading motor vehicles
(a) Whenever a shipper or receiver of property requires that any person who owns or operates a motor vehicle transporting property in interstate commerce (whether or not such transportation is subject to the jurisdiction of the Commission under subchapter II of
(b) It shall be unlawful to coerce or attempt to coerce any person providing transportation of property by motor vehicle for compensation in interstate commerce (whether or not such transportation is subject to the jurisdiction of the Commission under subchapter II of
(Added
References in Text
The National Labor Relations Act, referred to in subsec. (b), is act July 5, 1935, ch. 372,
Act of March 23, 1932 (
Section Referred to in Other Sections
This section is referred to in
§11110. Household goods carrier operations
(a)(1) The regulations and paperwork required of motor common carriers providing transportation of household goods subject to the jurisdiction of the Commission under subchapter II of
(2) The Interstate Commerce Commission may issue regulations, including regulations protecting individual shippers, in order to carry out this subtitle with respect to the transportation of household goods by motor common carrier.
(3) Regulations of the Commission protecting individual shippers shall include, where appropriate, reasonable performance standards for the transportation of household goods subject to the jurisdiction of the Commission under subchapter II of
(A) the level of performance that can be achieved by a well-managed motor common carrier transporting household goods;
(B) the degree of harm to individual shippers which could result from a violation of the regulation;
(C) the need to set the level of performance at a level sufficient to deter abuses which result in harm to consumers and violations of regulations;
(D) service requirements of the carriers;
(E) the cost of compliance in relation to the consumer benefits to be achieved from such compliance; and
(F) the need to set the level of performance at a level designed to encourage carriers to offer service responsive to shipper needs.
(4) Nothing in this section shall be construed to limit the Commission's authority to require reports from motor common carriers providing transportation of household goods or to require such carriers to provide specified information to consumers concerning their past performance.
(b)(1) Every motor common carrier providing transportation of household goods subject to the jurisdiction of the Commission under subchapter II of
(2) Any charge for an estimate of charges provided by a motor common carrier to a shipper for transportation of household goods subject to the jurisdiction of the Commission under subchapter II of
(c) The Commission shall issue regulations that provide motor carriers providing transportation of household goods subject to the jurisdiction of the Commission under subchapter II of
(Added
Review and Revision of Commission Operational Regulations Pertaining to Transportation of Household Goods
Section 6(b) of
"(1) Not later than sixty days after the date of enactment of this Act [Oct. 15, 1980], the Interstate Commerce Commission shall institute a rulemaking proceeding in which it shall review and revise all of its operational regulations pertaining to transportation of household goods to carry out the purposes of
"(2) The Interstate Commerce Commission shall conclude the rulemaking proceeding required by this subsection within two hundred and seventy days after the date of enactment of this Act [Oct. 15, 1980].
"(3) To the maximum extent feasible, the provisions of this section, including the amendments made by this section [enacting this section], shall apply to rules and regulations pertaining to transportation of household goods for the United States Government issued by departments, agencies, and instrumentalities of the United States (other than the Interstate Commerce Commission), including rules and regulations established for the distribution of such traffic, to the same extent as such provisions apply to rules and regulations issued by the Interstate Commerce Commission."
§11111. Use of citizen band radios on buses
(a)(1) A motor carrier of passengers providing transportation subject to the jurisdiction of the Commission under subchapter II of
(2) Citizen band radios installed and operated in motor vehicles providing transportation of passengers subject to the jurisdiction of the Commission under subchapter II of
(b) The Commission shall issue such regulations as it considers necessary to carry out this section.
(Added
References in Text
Section 25(c) of the Bus Regulatory Reform Act of 1982, referred to in subsec. (a)(2), is
Effective Date
Section effective on 60th day after Sept. 20, 1982, see section 31(a) of
Study of Citizen Band Radios on Buses
Section 25(a)–(c) of
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER II—CAR SERVICE
§11121. Criteria
(a)(1) A rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(A) providing the facilities or equipment will not materially and adversely affect the ability of the carrier to provide safe and adequate transportation;
(B) the amount spent for the facilities or equipment, including a return equal to the carrier's current cost of capital, will be recovered; and
(C) providing the facilities or equipment will not impair the ability of the carrier to attract adequate capital.
(2) The Commission may require a rail carrier to—
(A) file its car service rules with the Commission; and
(B) incorporate those rules in its tariffs.
(b) The Commission may designate and appoint agents and agencies to make and carry out its directions related to car service and matters under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11121(a) | 49:1(11), (13). | Feb. 4, 1887, ch. 104, §1(11), (13), |
| 11121(b) | 49:1(17)(a) (1st sentence). | Feb. 4, 1887, ch. 104, |
In the first sentence of subsection (a), the word "shall" is substituted for "It shall be the duty of" in 49:1(11). The words "just", "regulations", and "is prohibited and declared to be unlawful" are omitted as surplus.
In the second sentence of subsection (a), the words "by general or special orders", "all", "any of", "from time to time", "regulations", "in its discretion", "showing", and "be subject to any or all of the provisions of this chapter relating thereto" in 49:1(13) are omitted as surplus. The word "tariffs" is substituted for "schedules" for consistency and in view of the definition of "tariff" in section 10102 of the revised title.
In subsection (b), the cross references are substituted for "paragraphs (15) and (16)" to cite the corresponding sections of the revised title.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11121(a) | 49:1(14)(b). | Feb. 4, 1887, ch. 104, |
This amends section 11121(a) by adding 49:1(14)(b) to the section.
The first sentence of subsection (a)(1) and all of subsection (a)(2) restate
In the 2d, 3d, and last sentences of subsection (a)(1), the provision added by
Amendments
1980—Subsec. (a).
Section Referred to in Other Sections
This section is referred to in
§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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11122 | 49:1(14)(a). | Feb. 4, 1887, ch. 104, |
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
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).
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§11123. Situations requiring immediate action
(a)(1) When the Interstate Commerce Commission finds that a shortage of equipment, congestion of traffic, or other failure in traffic movement exists which creates an emergency situation of such magnitude as to have substantial adverse effects on rail service in the United States or a substantial region of the United States, the Commission may, for a period not to exceed thirty days—
(A) suspend any car service rule or practice;
(B) take action during the emergency to promote service in the interest of the public and of commerce regardless of the ownership (as between carriers) of a locomotive, car, or other vehicle on terms of compensation the carriers establish between themselves, subject to subsection (b)(2) of this section;
(C) require joint or common use of facilities, on terms of compensation the carriers establish between themselves, subject to subsection (b)(2) of this section, when that action will best meet the emergency and serve the public interest; and
(D) give directions for preference or priority in transportation, embargoes, or movement of traffic under permits.
(2) The Commission may extend any action taken under paragraph (1) of this subsection beyond the thirty-day period provided in such paragraph only if the full Commission, after a hearing, certifies that a transportation emergency exists.
(3) In carrying out the provisions of this subsection, the Commission shall require, to the maximum extent practicable, the use of the employees who would normally have performed work in connection with the traffic subject to the action of the Commission.
(b)(1) Except as provided in paragraph (2) of this subsection, the Commission may act under this section on its own initiative or on application without regard to subchapter II of
(2) When the carriers do not agree on terms of compensation under subsection (a)(2) of this section or on terms for joint or common use of terminals under subsection (a)(3) of this section, the Commission may establish for them in a later proceeding terms of compensation the Commission finds to be reasonable.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11123 | 49:1(15) (related to car service less last sentence). | Feb. 4, 1887, ch. 104, |
In subsection (a), before clause (1), the words "When . . . considers" are substituted for "Whenever . . . is of the opinion" for clarity. The word "may" is substituted for "shall have, and it is given, authority" to conform to the style of the revised title.
In subsection (a)(1), the word "regulations" is omitted as surplus.
In subsection (a)(2), the words "take action" are substituted for "make such just and reasonable directions" for clarity.
In subsection (a)(4), the words "at such time and for such period as it may determine, and to modify, change, suspend, or annul them" are omitted as surplus.
Subsection (b) restates the procedural requirements for emergency action for clarity. The word "application" is substituted for "complaint" for consistency.
Amendments
1980—Subsec. (a).
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§11124. Rerouting traffic on failure of rail carrier to serve the public
(a) When the Interstate Commerce Commission considers that a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of
(b)(1) Except as provided in paragraph (2) of this subsection, the Commission may act under this section on its own initiative or on application without regard to subchapter II of
(2) When the carriers do not agree on the terms of compensation under this section, the Commission may establish the terms for them in a later proceeding.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11124 | 49:1(16) (related to traffic less (b)). | Feb. 4, 1887, ch. 104, §1(16) (related to traffic less (b)), |
In subsection (a), the words "When . . . considers" are substituted for "Whenever . . . is of the opinion" for clarity.
Subsection (b), and the cross reference to it in subsection (a), constitute a restatement of the procedure required to be followed under the cross reference to 49:1(15) in 49:1(16)(a). The words "just and reasonable" are omitted as unnecessary.
In subsection (b)(2), the word "proceeding" is substituted for "hearing" to conform to the style of the revised title.
Section Referred to in Other Sections
This section is referred to in
§11125. Directed rail transportation
(a) When a rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(1) its cash position makes its continuing operation impossible;
(2) transportation has been discontinued under court order; or
(3) it has discontinued transportation without obtaining a required certificate under
the Commission may direct the handling, routing, and movement of the traffic available to that carrier and its distribution over the railroad lines of that carrier by another carrier to promote service in the interest of the public and of commerce. Subject to subsection (b) of this section, the Commission may act without regard to subchapter II of
(b)(1) Action of the Commission under subsection (a) of this section may not remain in effect for more than 60 days. However, the Commission may extend that period for an additional designated period of not more than 180 days if cause exists.
(2) The Commission may not take action that would—
(A) cause a directed carrier to operate in violation of
(B) impair substantially the ability of a directed carrier to serve its own patrons adequately, or to meet its outstanding common carrier obligations.
(3) A directed carrier is not responsible, because of the direction of the Commission, for the debts of the other carrier.
(4) A directed carrier shall hire the employees of the other carrier, to the extent that they previously provided that transportation for the other carrier, and assume the existing employment obligations and practices of the other carrier for those employees including agreements governing rate of pay, rules and working conditions, and employee protective conditions for the period during which the action of the Commission is effective.
(5) A directed carrier may apply to the Commission for payment of an amount equal to the amount by which (A) the total expenses of that carrier incurred in or attributable to the handling, routing, and moving the traffic over the lines of the other carrier for the period during which the action of the Commission is effective, including renting or leasing necessary equipment and an allocation of common expenses, overhead, and a reasonable profit, exceed (B) the direct revenues from handling, routing, and moving that traffic over the lines of the other carrier during that period. The carrier must submit a current record of those total expenses to the Commission. The Commission shall certify promptly, to the Secretary of the Treasury, the amount to be paid. The Secretary shall pay that amount by the 90th day after the end of the period during which the direction of the Commission is effective, and funds are authorized to be appropriated for that payment. The Commission may audit any such record.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11125 | 49:1(16)(b). | Feb. 4, 1887, ch. 104, |
In subsection (a), the word "When" is substituted for "Whenever" for clarity. The word "cannot" is substituted for "is unable" to conform to the style of the revised title. The word "discontinued" is substituted for "abandoned" to conform with section 10903 of the revised title. The word "transportation" is substituted for "service" in view of the definition of "transportation" in section 10102 of the revised title and because the Interstate Commerce Commission has jurisdiction over transportation. The words "required certificate" are substituted for "certificate" in view of section 10903 of the revised title. The last sentence is a restatement of the procedure required to be followed under the cross reference in 49:1(16)(b) to 49:1(15). The words "just and reasonable" are omitted as unnecessary.
In subsection (b), the words "Action of the Commission" are substituted for "Such direction" for clarity.
In subsection (b)(5), the words "order" and "general order" are omitted as unnecessary. The words "The term 'cost' shall mean" are omitted as unnecessary. The words "in such manner and on such forms" are omitted in view of section 10321(a) of the revised title.
Amendments
1994—Subsec. (b)(2)(A).
1984—Subsec. (b)(2)(A).
Section Referred to in Other Sections
This section is referred to in
§11126. Distribution of coal cars
(a) Subject to subsection (b) of this section, a rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(b)(1) In this subsection, "unit-train service" means the movement of a single shipment of coal of at least 4,500 tons, tendered to one carrier, on one bill of lading, at one origin, on one day, and destined to one consignee, at one plant, at one destination, over one route.
(2) Unit-train service and non-unit-train service are deemed to be separate and distinct classes of service. A distinction shall be made between them and between the cars used in each class of service. A question about the reasonableness of, or discrimination in, the distribution of cars shall be determined within each class and not between them, notwithstanding a section referred to in subsection (a) of this section.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11126 | 49:1(12) (less 3d sentence). | Feb. 4, 1887, ch. 104, |
In subsection (a), the word "shall" is substituted for "It shall also be the duty of" for clarity. The word "reasonable" is substituted for "just and reasonable" for consistency. See the revision note to section 10101 of the revised title. The words "During any period" are omitted as surplus. The words "and every" are omitted as surplus. The words "In applying the provisions of this paragraph" are omitted as surplus in view of the realigned structure of the section. The words "are deemed not to be" are substituted for "shall not be considered" for clarity. The words "under subsection (b) of this section or section 10102, 10501, 10701–10703, 10707, 10721(b), 10722(c)–(d), 10723(a)–(b)(1), 10724(a), 10741–10744, 10746, 10749, 10750, 10901, 10902, 10907, 11101, 11103–11105, 11121–11125, 11127, 11128(a)(1), 11501(c), 11505(a), 11702(a)(1), 11703, 11901(d)–(e)(2), 11902, 11903, 11905, 11907, 11915, or 11916 of this title" are substituted for "provision of
In subsection (b)(2), the word "discrimination" is substituted for "discrimination or preference or prejudice or advantage or disadvantage" as being inclusive. See the revision note to section 10101 of the revised title. The words "a section referred to in subsection (a) of this section" are inserted for clarity.
Amendments
1994—Subsec. (a).
Section Referred to in Other Sections
This section is referred to in
§11127. Service of household goods freight forwarders
(a)(1) When the Interstate Commerce Commission considers that a shortage of equipment, congestion of traffic, or other emergency requires immediate action at a place in the United States, the Commission may—
(A) suspend any service, equipment, or facilities requirement applicable to a household goods freight forwarder under the jurisdiction of the Commission under subchapter IV of
(B) take action to promote transportation in the interest of the public and of commerce; and
(C) give directions for preference or priority in transportation, embargoes, or movement of traffic under permits.
(2) When the Commission considers that any such household goods freight forwarder cannot properly serve the public by providing service for the traffic offered it, the Commission may require the handling, routing, and movement of that traffic in another manner to promote commerce and service to the public. When the equipment or facilities of another household goods freight forwarder are required to be used, the household goods freight forwarders may establish terms of compensation between themselves subject to subsection (b)(2) of this section.
(b)(1) Except as provided in paragraph (2) of this subsection, the Commission may act under this section on its own initiative or on application without regard to subchapter II of
(2) When the household goods freight forwarders do not agree on the terms of compensation under this section, the Commission may establish the terms for them in a later proceeding.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11127 | 49:1020 (related to service). | Feb. 4, 1887, ch. 104, |
| 49:1(15) (related to service less last sentence), (16) (related to service less (b)). | Feb. 4, 1887, ch. 104, §1(15) (related to service less last sentence), (16) (related to service less (b)), |
Instead of integrating the words "freight forwarder" into sections 11123 and 11124 of the revised title, the section restates those provisions of 49:1(15) and (16) applicable to freight forwarders. Subsection (a)(2) restates 49:1(16) related to the movement of traffic. See ICC Gen. Coun. Op. No. 248–71, Oct. 1, 1971. The word "application" is substituted for "complaint" for consistency.
Amendments
1986—
Effective Date of 1986 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§11128. War emergencies; embargoes imposed by carriers
(a)(1) When the President, during time of war or threatened war, certifies to the Interstate Commerce Commission that it is essential to the defense and security of the United States to give preference or priority to the movement of certain traffic, the Commission shall direct that preference or priority be given to that traffic under
(2) When the President, during time of war or threatened war, demands that preference and precedence be given to the transportation of troops and material of war over all other traffic, all carriers providing transportation subject to the jurisdiction of the Commission under subchapter I of
(b) An embargo imposed by any such carrier does not apply to shipments consigned to agents of the United States Government for its use. The carrier shall deliver those shipments as promptly as possible.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11128(a)(1) | 49:1(15) (last sentence). | Feb. 4, 1887, ch. 104, §1(15) (last sentence), |
| 11128(a)(2), (b) | 49:6(8). | Feb. 4, 1887, ch. 104, |
In subsection (a)(1), the cross reference to section 11123(a)(4) of the revised title is substituted for the words "power herein conferred" for clarity. The cross reference to section 11127(a)(1)(C) is inserted in view of that section's applicability to freight forwarders under 49:1020.
In subsections (a)(2) and (b), the words "And in time of peace" are omitted as unnecessary in view of subsection (a) of this section. The words "imposed by any such carrier" are inserted for clarity.
References in Text
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER III—REPORTS AND RECORDS
Subchapter Referred to in Other Sections
This subchapter is referred to in
§11141. Definitions
In this subchapter—
(1) "carrier", "broker", and "lessor" include a receiver or trustee of a carrier (except a household goods freight forwarder), broker, and lessor, respectively.
(2) "lessor" means a person owning a railroad, water line, or a pipeline that is leased to and operated by a carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(3) "association" means an organization maintained—
(A) by or in the interest of a group of carriers (except water carriers) or brokers providing transportation or service subject to the jurisdiction of the Commission under
(B) only by water carriers providing transportation subject to the jurisdiction of the Commission under subchapter III of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11141 | 49:20(8). | Feb. 4, 1887, ch. 104, |
| 49:320(e). | Feb. 4, 1887, ch. 104, |
|
| 49:913(h). | Feb. 4, 1887, ch. 104, |
|
| 49:1012(f). | Feb. 4, 1887, ch. 104, |
The section consolidates and restates the source provisions for clarity. The words " 'keep' and 'kept' shall be construed to mean made, prepared or compiled, as well as retained" are omitted as unnecessary in view of the restatement. The word "association" is omitted from the text of the definition to eliminate redundancy. The word "tariffs" is substituted for "schedules" for consistency and in view of the definition of "tariff" in section 10102 of the revised title.
Amendments
1986—Par. (1).
Effective Date of 1986 Amendment
Amendment by
§11142. Uniform accounting system
The Interstate Commerce Commission may prescribe a uniform accounting system for classes of carriers providing, and brokers for, transportation subject to the jurisdiction of the Commission under subchapters II, III, and IV of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11142(a) (less last sentence) | 49:20(3)(a), (c) (2d sentence). | Feb. 4, 1887, ch. 104, §20(3) (less (e)), |
| 11142(a) (last sentence) | 49:304(a)(1) (related to accounts), (2) (related to accounts), (4) (related to accounts). | Feb. 4, 1887, ch. 104, |
| 49:913(c). | Feb. 4, 1887, ch. 104, |
|
| 49:1012(a) (3d sentence). | Feb. 4, 1887, ch. 104, |
|
| 11142(b) | 49:20(3) (less (a), (c) (2d sentence), and (e)). |
In subsection (a), the words "not later than June 30, 1977," and the last 2 sentences of 49:20(3)(a) are omitted as executed. The words "shall prescribe" are substituted for "shall, . . . issue regulations and procedures prescribing" for clarity. The last sentence is a restatement of the relevant provisions of 49:304(a) (1), (2), and (4), 49:913(c), and 1012(c). The words "in its discretion, for purposes of administration of the provisions of this chapter" in 49:1012(c), and "in its discretion, for the purpose of enabling it the better to carry out the purposes of this chapter" in 49:913(c), are omitted as surplus. The words "motor common carrier", "motor contract carrier", "water carriers", and "freight forwarders" are omitted as unnecessary since the word "carrier" encompasses all of them in the subtitle. The words "period of time within which they shall have such uniform system of accounts," are omitted as executed. The words "and the manner in which such accounts shall be kept" are omitted as surplus. The words "uniform accounting system" are substituted for "uniform system of accounts" for clarity. The words "The accounting system established pursuant to this paragraph" in 49:20(3)(c) are omitted from subsection (a) as surplus. The words "notwithstanding any other provision of this section" are omitted as unnecessary.
In subsection (b)(1), the words "To obtain the most accurate cost and revenue information about" are substituted for "In order to assure that the most accurate cost and revenue data can be obtained with respect to" for clarity. The words "fair and reasonable" are omitted as unnecessary in view of section 10701 of the revised title.
In subsection (b)(2), the words "must include information considered appropriate for disclosure" are substituted for "shall include any disclosure considered appropriate" for clarity. The words "notwithstanding any other provision of this section" are omitted as surplus in view of the phrase "to the extent possible". The words "attempt" and "otherwise" are omitted as surplus.
In subsection (b)(3), the words "In order that the accounting system established pursuant to this paragraph continue" are omitted as surplus in view of the realignment of 49:20(3)(d). The words "every 5th year after 1977" are inserted in view of 49:20(3)(a) for clarity.
Amendments
1980—
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§11143. Depreciation charges
The Interstate Commerce Commission shall, for a class of carriers providing transportation subject to its jurisdiction under subchapter I or III of
(1) charge to operating expenses a depreciation charge on a class of property other than that prescribed by the Commission;
(2) charge another rate of depreciation; or
(3) include other depreciation charges in operating expenses.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11143 | 49:20(4). | Feb. 4, 1887, ch. 104, |
| 49:320(c). | Feb. 4, 1887, ch. 104, |
|
| 49:913(d). | Feb. 4, 1887, ch. 104, |
The section restates the source provisions for clarity. The words "change when necessary" are substituted for "when it deems necessary, modify" for clarity. The words "other than that prescribed therefor by the Commission . . . in any form whatsoever other than as prescribed by the Commission" are omitted as surplus.
§11144. Records: form; inspection; preservation
(a) The Interstate Commerce Commission may prescribe the form of records required to be prepared or compiled under this subchapter—
(1) by carriers, brokers, and lessors, including records related to movement of traffic and receipts and expenditures of money; and
(2) by persons furnishing cars or protective service against heat or cold to or for a rail or express carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of
(b) The Commission, or an employee designated by the Commission, may on demand and display of proper credentials—
(1) inspect and examine the lands, buildings, and equipment of a carrier, broker, or lessor; and
(2) inspect and copy any record of—
(A) a carrier, broker, lessor, or association;
(B) a person controlling, controlled by, or under common control with a carrier if the Commission considers inspection relevant to that person's relation to, or transaction with, that carrier; and
(C) a person furnishing cars or protective service against heat or cold to or for a rail or express carrier if the Commission prescribed the form of that record.
[(c) Repealed.
(d) The Commission may prescribe the time period during which operating, accounting, and financial records must be preserved by carriers, brokers, lessors, and persons furnishing cars or protective services.
(
In the section, the word "records" is substituted for "accounts", "records", "books", "correspondence", "memoranda", and "other documents" for consistency in view of
In subsection (a), the words "in its discretion . . . of any and all" are omitted as surplus. The words "by freight forwarders, with respect to service subject to this chapter" are omitted as unnecessary in view of subchapter IV of
In subsection (b), the words "an employee designated by the Commission" are substituted for "any duly authorized special agent, accountant, or examiner thereof" for clarity. The word "may" is substituted for "shall at all times have authority" for clarity. The words "freight forwarder" are omitted as unnecessary in view of subchapter IV of
In subsection (c), the words "an employee designated by the Commission" are substituted for "its duly authorized special agents, accountants, or examiners" for clarity. The word "may" is substituted for "shall . . . have access to and authority" for clarity. The word "record" is substituted for "accounts, records, or memorandums" in 49:320(g) (proviso) for consistency in view of
In subsection (d), the words "may prescribe" are substituted for "may in its discretion issue orders specifying" in 49:20(7)(b) (proviso) and for "may issue orders specifying" in 49:320(d) (2d sentence), 913(g), and 1012(e), for clarity. The text of 49:311(d) (related to time period) and 1012(c) (32d–44th words) is omitted as unnecessary in view of this restatement. The word "record" is substituted for "papers, records, books, blanks, tickets, stubs, correspondence, or documents" for consistency in view of
Amendments
1980—Subsec. (c).
Section Referred to in Other Sections
This section is referred to in
§11145. Reports by carriers, lessors, and associations
(a) The Interstate Commerce Commission may require—
(1) carriers, brokers, lessors, and associations, or classes of them as the Commission may prescribe, to file annual, periodic, and special reports with the Commission containing answers to questions asked by it; and
(2) a person furnishing cars or protective services against heat or cold to a rail or express carrier providing transportation subject to this subtitle, to file reports with the Commission containing answers to questions about those cars or services.
(b)(1) An annual report shall contain an account, in as much detail as the Commission may require, of the affairs of the carrier, broker, lessor, or association for the 12-month period ending on the 31st day of December of each year. However, when an annual report is made by a motor carrier, a broker, or a lessor or an association maintained by or interested in one of them, the person making the report may elect to make it for the 13-month period accounting year ending at the close of one of the last 7 days of each calendar year if the books of the person making the report are kept by that person on the basis of that accounting year.
(2) An annual report shall be filed with the Commission by the end of the 3d month after the end of the year for which the report is made unless the Commission extends the filing date or changes the period covered by the report. The annual report and, if the Commission requires, any other report made under this section, shall be made under oath.
(c) The Commission shall streamline and simplify, to the maximum extent practicable, the reporting requirements applicable under this subchapter to motor common carriers of property with respect to transportation provided under certificates to which the provisions of section 10922(b)(4)(E) 1 of this title apply and to motor contract carriers of property with respect to transportation provided under permits to which the provisions of section 10923(b)(5) 1 of this title apply.
(
In subsection (a), the words "(as defined in this section)" are omitted as unnecessary. The words "to file" are substituted for "to submit" for clarity. The words "specific and full, true, and correct" are omitted as unnecessary in view of section 11709 of the revised title. The words "may deem information to be necessary" are omitted as surplus. The words "as aforesaid" in 49:20(6) (2d sentence 2d clause) are omitted as surplus. The words "it may deem proper for any of these purposes" are omitted as surplus.
In subsection (b), the words "office in Washington" are omitted as unnecessary in view of section 10307 of the revised title. The words "to prescribe the manner and form in which such reports shall be made" and "in such form and detail as may be prescribed by the Commission" are omitted as unnecessary in view of section 10321(a) of the revised title giving the Commission general authority to carry out the subtitle and to prescribe regulations.
References in Text
Amendments
1980—Subsec. (c).
1 See References in Text note below.
SUBCHAPTER IV—RAILROAD COST ACCOUNTING
§11161. Railroad Accounting Principles Board
(a)(1) There is established a Railroad Accounting Principles Board which shall be within and responsible to the legislative branch of the Federal Government.
(2) The Board shall be composed of the Comptroller General of the United States, who shall serve as chairman, and six members to be appointed by the Comptroller General.
(3) The Comptroller General shall appoint members of the Board from among persons who are well qualified for such position by virtue of experience in or knowledge of rate regulation, accounting, or cost determinations. Of the members of the Board so appointed—
(A) one shall be from the accounting profession;
(B) one shall be from the railroad industry;
(C) one shall be a representative of major rail shippers;
(D) one shall be from the Interstate Commerce Commission;
(E) one shall be a representative of small rail shippers; and
(F) one shall be from the economics profession.
(4) The term of office of each appointed member of the Board shall be three years, except that any member appointed to fill a vacancy in the Board shall serve for the remainder of the term for which his predecessor was appointed.
(5) The Board shall not act in the absence of a quorum, which shall consist of three members.
(b) Each appointed member of the Board shall receive compensation at a rate equal to 1/260 of the rate prescribed for level IV of the Executive Schedule, under
(c)(1) The Board may utilize personnel from the Federal Government, with the consent of the head of the appropriate Federal department or agency, or appoint individuals from private life, to serve on advisory committees or to provide the staff services necessary to assist the Board in carrying out its functions and responsibilities under this subchapter.
(2) Individuals appointed by the Board under this subsection may be appointed without regard to the provisions of title 5 governing appointments in the competitive service, and may be paid without regard to the provisions of
(d) All Federal departments and agencies are authorized to cooperate with the Board and to furnish information, appropriate personnel (with or without reimbursement), and such financial and other assistance as may be agreed upon by the Board and the Federal department or agency involved.
(e) Members and employees of the Board and all other individuals appointed under this subsection having or having had access to information in the possession of the Board shall be subject to the provisions of
(f) The Board shall cease to exist three years after the effective date of the Staggers Rail Act of 1980.
(Added
References in Text
Provisions of title 5 governing appointments in the competitive service, referred to in subsec. (c)(2), are classified generally to
The effective date of the Staggers Rail Act of 1980, referred to in subsec. (f), probably means Oct. 1, 1980, the general effective date of
Effective Date
Subchapter effective Oct. 1, 1980, see section 710(a) of
§11162. Cost accounting principles
(a) Within two years after the effective date of the Staggers Rail Act of 1980, the Railroad Accounting Principles Board shall establish, for rail carriers providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(b) In developing cost accounting principles under this section, the Board shall take into account the following considerations:
(1) The specific regulatory purposes for which railroad costs are required.
(2) The degree of accuracy of the cost information which is needed to meet regulatory purposes.
(3) The existing capability and the probable future capability of rail carriers to provide such information and the relative benefits and costs of requiring development of additional capability.
(4) The means by which the degree of economic accuracy required can be obtained at the least possible expense and with the least possible information reporting.
(5) The means by which the confidentiality of such costs can best be maintained while meeting the need for such information in regulatory proceedings.
(c) The cost accounting principles established by the Board shall require that cost information be reported or disclosed only for the essential regulatory purposes defined by the Board.
(Added
References in Text
The effective date of the Staggers Rail Act of 1980, referred to in subsec. (a), probably means Oct. 1, 1980, the general effective date of
Amendments
1994—Subsec. (a).
Section Referred to in Other Sections
This section is referred to in
§11163. Implementation of cost accounting principles
Upon the establishment of cost accounting principles by the Railroad Accounting Principles Board under
(Added
Amendments
1994—
Section Referred to in Other Sections
This section is referred to in
§11164. Certification of rail carrier cost accounting systems
(a) Within 180 days after the effective date of the Staggers Rail Act of 1980, each rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(b)(1) As soon as practicable, but not later than 9 months, after the promulgation of rules by the Commission under
(2) Within 90 days, or such additional time as the Commission finds necessary, after a rail carrier files its request for final certification under paragraph (1) of this subsection, the Commission shall grant such final certification to such carrier if the Commission determines that the cost accounting system of such carrier is in compliance with the rules promulgated by the Commission under
(c) Each rail carrier shall have and maintain a cost accounting system that is in compliance with the rules promulgated by the Commission under
(d)(1) Certification under this section that the cost accounting system of a rail carrier is in compliance with the rules promulgated by the Commission under
(2) After the cost accounting system of a rail carrier is certified under this section, such rail carrier may, after notifying the Commission, make modifications in such system unless, within 60 days after the date of notification, the Commission finds such modifications to be inconsistent with the rules promulgated by the Commission under
(e) For purposes of determining whether the cost accounting system of a rail carrier is in compliance with the rules promulgated by the Commission, the Commission shall have the right to examine and make copies of any documents, papers, or records of such rail carrier relating to compliance with such rules. Such documents, papers, and records (and any copies thereof) shall not be subject to the mandatory disclosure requirements of
(Added
References in Text
The effective date of the Staggers Rail Act of 1980, referred to in subsec. (a), probably means Oct. 1, 1980, the general effective date of
Section Referred to in Other Sections
This section is referred to in
§11165. Cost availability
As required by the rules of the Interstate Commerce Commission governing discovery in Commission proceedings, rail carriers shall make relevant cost data available to shippers, States, ports, communities, and other interested parties that are a party to a Commission proceeding in which such data is required.
(Added
Section Referred to in Other Sections
This section is referred to in
§11166. Accounting and cost reporting
(a) To obtain expense and revenue information for regulatory purposes, the Interstate Commerce Commission may promulgate reasonable rules for rail carriers providing transportation subject to the jurisdiction of the Commission under subchapter I of
(b) Any reports required by the rules established by the Commission under this section shall include only information considered necessary for disclosure under the cost accounting principles established by the Board or under generally accepted accounting principles or the requirements of the Securities and Exchange Commission.
(Added
Amendments
1994—Subsec. (a).
§11167. Report
The Railroad Accounting Principles Board shall, within 2 years after the effective date of the Staggers Rail Act of 1980, submit to the Congress a report setting forth any recommendations of the Board for appropriate legislative or administrative action in order to integrate the cost accounting principles and the cost accounting system certification process under this subchapter into existing rail carrier rate regulation under this subtitle, including determinations under
(Added
References in Text
The effective date of the Staggers Rail Act of 1980, referred to in text, probably means Oct. 1, 1980, the general effective date of
Amendments
1994—
§11168. Authorization of appropriations
There are authorized to be appropriated to carry out the provisions of this subchapter not to exceed $1,000,000 for the fiscal year ending September 30, 1981, not to exceed $1,000,000 for the fiscal year ending September 30, 1982, and not to exceed $1,000,000 for the fiscal year ending September 30, 1983.
(Added
CHAPTER 113 —FINANCE
SUBCHAPTER I—CARRIER SECURITIES, EQUIPMENT TRUSTS, AND SECURITY INTERESTS
SUBCHAPTER II—OWNERSHIP
SUBCHAPTER III—COMBINATIONS
SUBCHAPTER IV—FINANCIAL STRUCTURE
Amendments
1986—
1982—
1980—
SUBCHAPTER I—CARRIER SECURITIES, EQUIPMENT TRUSTS, AND SECURITY INTERESTS
§11301. Authority of certain carriers to issue securities and assume obligations and liabilities
(a) In this section—
(1) "carrier" means a rail or sleeping car carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(2) "security" means a share of capital stock, a bond, or other evidence of interest in, or indebtedness of, a carrier.
(b)(1) Subject to the Securities Act of 1933 (
(2) Paragraph (1) of this subsection does not apply to notes issued by a carrier if the notes mature not more than 2 years after their date of issue and total (with all then outstanding notes having a maturity of not more than 2 years) not more than 5 percent of the par value of the then outstanding securities of that carrier. If the securities do not have a par value, the par value of those securities is the fair market value on the date of issue. Paragraph (1) of this subsection applies to a subsequent funding of notes referred to in this paragraph.
(c)(1) A carrier issuing notes referred to in subsection (b)(2) of this section shall file a certificate of notification with the Commission by the end of the 10th day after they are issued. That notification must include substantially the same matter required by the Commission for an application for authority to issue other securities.
(2) A carrier that pledges, repledges, or otherwise disposes of a security referred to in an application for authority or a certificate of notification under this section as pledged or held unencumbered in the treasury of that carrier shall file a certificate of notification with the Commission by the end of the 10th day after it disposes of the security.
(d)(1) The Commission may begin a proceeding under this section on application of a carrier. Before taking final action, the Commission must investigate the purpose and use of the securities issue or assumption and the proceeds from it. The Commission may approve any part of the application and may require the carrier to comply with appropriate conditions. After an application is approved under this section, the Commission may change a condition previously imposed or use that may be made of the securities or proceeds for good cause shown subject to the requirements of this section. The Commission may approve an application under this section only when it finds that the securities issue or assumption—
(A) is for a lawful object within the corporate purpose of the carrier and reasonably appropriate for that purpose;
(B) is compatible with the public interest;
(C) is appropriate for or consistent with the proper performance by the carrier of service to the public as a common carrier; and
(D) will not impair the financial ability of the carrier to provide the service.
(2) An application or certificate must be made under oath and signed and filed for the carrier by a designated executive officer who knows the matters stated in the application or certificate. On receipt of an application of a carrier under this section, the Commission shall have a copy of the application served on the chief executive officer of each State in which that carrier operates. The appropriate authorities of those States are entitled to be admitted as parties to a proceeding under this section to represent the rights and interests of their people and States.
(e) The Commission shall require a carrier that issues securities, including notes, under this section to submit reports to it. The reports must identify the disposition of those securities and the application of the proceeds from their disposition.
(f) This section does not imply a guaranty or obligation of those securities by the United States Government. This section does not apply to securities issued or obligations or liabilities assumed by the United States Government, a State, or an instrumentality or political subdivision of one of them.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11301(a)(1) | 49:20a(1). | Feb. 4, 1887, ch. 104, |
| 11301(a)(2) | 49:20a(2) (1st sentence 10th–35th words). | |
| 11301(b)(1) | 49:20a(2) (1st sentence less 10th–35th and 73d–136th words and last sentence), (7), (11) (1st sentence). | |
| 11301(b)(2) | 49:20a(9) (1st and 2d sentences and last sentence proviso). | |
| 11301(c)(1) | 49:20a(9) (less 1st and 2d sentences and last sentence proviso). | |
| 11301(c)(2) | 49:20a(5). | |
| 11301(d) | 49:20a(2) (1st sentence 73d–136th words and last sentence words before proviso), (3), (4), (6). | |
| 11301(e) | 49:20a(10). | |
| 11301(f) | 49:20a(2) (last sentence proviso), (8). |
In subsection (a)(1), the words "As used . . . the term" are omitted as surplus. The words "to provide" are substituted for "for the purpose of engaging" for clarity. The word "steam" is omitted as surplus in view of 49:1(18) and 1a(1).
In subsection (a)(2), the words "(hereinafter in this section collectively termed 'securities')" are omitted as unnecessary in view of the restatement.
In subsection (b)(1), the words "Subject to subchapter I of
In subsection (b)(2), the words "Paragraph (1) of this subsection does not apply" are substituted for "The foregoing provisions of this section shall not apply" to conform to the restatement of 49:20a. The words "issued by a carrier if the notes" are substituted for "to be issued by the carrier maturing" for clarity. The words "date of issue" are substituted for "date thereof" for clarity. The word "together" is omitted as surplus. The words "not more than 2 years" are substituted for "of two years or less" for consistency. The word "if" is substituted for "In the case of" for clarity. The word "is" is substituted for "for the purposes of this paragraph shall be" to reflect the statement of fact. The words "Paragraph (1) of this section applies" are substituted for "the provisions of this section respecting other securities shall apply" for clarity.
In subsection (c)(1), the words "in such form as may from time to time be determined and prescribed by the Commission" are omitted as unnecessary in view of section 10321(a) of the revised title. The words "must include substantially the same matter" are substituted for "setting forth as nearly as may be the same matters" for clarity in view of the power of the Commission to prescribe the contents of the notification under section 10321(a) of the revised title.
In subsection (c)(2), the words "otherwise disposes" are substituted for "sold . . . or otherwise disposed" as being inclusive. The words "pledges, repledges" are retained for clarity. The words "referred to in" are substituted for "set forth and described in" for clarity in view of the further identification of those securities as being "pledged or held unencumbered in the treasury". The words "subsequent to the filing of such application or certificate" are omitted as unnecessary in view of the restatement. The words "by the end of the 10th day after it disposes" are substituted for "within ten days after such sale, pledge, repledge, or other disposition" for clarity and consistency. The words "to that effect, setting forth therein all such facts as may be required by the Commission" are omitted as unnecessary in view of the power of the Commission to prescribe the contents of the notification under subsection (d) of the revised section.
In subsection (d)(1), the first sentence is added for clarity and substituted for the last sentence of 49:20a(6) in view of subchapter II of
In subsection (d)(2), the words "Every application for authority shall be made in such form and contain such matters as the Commission may prescribe" are omitted in view of section 10321(a) of the revised title. The words "executive officer who knows the matters stated in" are substituted for "its president, a vice president, auditor, comptroller, or other executive officer having knowledge of the matters therein set forth" as being more inclusive and for clarity. The word "duly" is omitted as surplus. The words "application of a carrier under this section" are substituted for "application for authority" in 49:20a(5) for clarity. The words "shall have a copy of the application served on the chief executive officer" are substituted for "shall cause notice thereof to be given and a copy filed with the governor" for clarity. The words "The appropriate authorities of those States" are substituted for "The railroad commissions, public service, or utilities commissions, or other appropriate State authorities of the State" as being more inclusive. The words "are entitled" are substituted for "shall have the right" for clarity. The words "to be admitted as parties to a proceeding under this section" are substituted for "to make before the Commission such representations as they may deem just and proper" for clarity in view of subchapter II of
In subsection (e), the word "reports" is substituted for "periodical or special reports" as being more inclusive. The words "The reports must identify" are substituted for "which shall show" for clarity.
In subsection (f), the words "This section does not" are substituted for "nothing herein shall be construed" and "Provided, That nothing in this section is to be construed as applying" in 49:20a (8) and (2), respectively, for clarity. The words "political subdivision" are substituted for "political subdivision or municipal corporation" as being more inclusive.
Pub. L. 103–429
This amends 49:11301(b)(1) to provide a cross-reference that conforms to the style of title 49.
References in Text
The Securities Act of 1933, referred to in subsec. (b)(1), is act May 27, 1933, ch. 38, title I,
The Securities Exchange Act of 1934, referred to in subsec. (b)(1), is act June 6, 1934, ch. 404,
The Investment Company Act of 1940, referred to in subsec. (b)(1), is title I of act Aug. 22, 1940, ch. 686,
Amendments
1994—Subsec. (b)(1).
Section Referred to in Other Sections
This section is referred to in
[§11302. Repealed. Pub. L. 97–261, §19(a), Sept. 20, 1982, 96 Stat. 1121 ]
Section,
Effective Date of Repeal
Repeal effective on 60th day after Sept. 20, 1982, see section 31(a) of
§11303. Equipment trusts: recordation; evidence of indebtedness
(a) A mortgage (other than a mortgage under
(b) The Commission shall maintain a system for recording each document filed under subsection (a) of this section and mark each of them with a consecutive number and the date and hour of their recordation. The Commission shall maintain and keep open for public inspection an index of documents filed under that subsection. That index shall include the name and address of the principal debtors, trustees, guarantors, and other parties to those documents and may include other facts that will assist in determining the rights of the parties to those transactions.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11303 | 49:20c. | Feb. 4, 1887, ch. 104, |
| 49:922a. | Feb. 4, 1887, ch. 104, |
In subsection (a), the words "intended for a use related to" are substituted for "used or intended for use in connection with" for clarity and as being more inclusive. The word "amendment" is substituted for "supplement or amendment" as being more inclusive. The words "any part of" are substituted for "in whole or in part" as being more precise. The words "The instrument . . . must be" are substituted for "provided such instrument . . . is" for clarity. The words "under Commission regulations" are substituted for "in accordance with such requirements as the Commission shall prescribe" in view of the general power to prescribe regulations under section 10321 of the revised title. The words "that document" are substituted for "any such instrument or other document" as being more inclusive. The word "valid" is omitted as surplus. The words "all persons" are substituted for "all persons including, without limitation, any purchaser from, or mortgagee, creditor, receiver, or trustee in bankruptcy of, the mortgagor, buyer, lessee, or bailee of the equipment covered thereby" as being more inclusive. The words "When filed" are substituted for "from and after the time . . . is so filed" to eliminate redundancy. The words "does not have to be filed" are substituted for "need not be otherwise filed" for clarity. The words "of America" are omitted as surplus. The word "district" is omitted as unnecessary in view of the definition of "State" in section 10102 of the revised title. The words "related to" are substituted for "respecting the" for clarity. The words "Provided, however, That" are omitted as surplus. The words "does not change" are substituted for "nothing contained in . . . shall, in any way, be construed to alter or amend" for clarity.
In subsection (b), the word "establish" is omitted as executed. The words "and mark each of them" are substituted for "and shall cause to be" for clarity. The word "mark" is substituted for "marked or stamped" as being more inclusive. The word "thereon" is omitted as surplus. The words "and may include other facts that will assist in determining" are substituted for "as well as such other facts as may be necessary to facilitate" for clarity.
Amendments
1994—Subsec. (a).
§11304. Security interests in certain motor vehicles
(a) In this section—
(1) "motor vehicle" means a truck of rated capacity (gross vehicle weight) of at least 10,000 pounds, a highway tractor of rated capacity (gross combination weight) of at least 10,000 pounds, a property-carrying trailer or semitrailer with at least one load-carrying axle of at least 10,000 pounds, or a motor bus with a seating capacity of at least 10 individuals.
(2) "lien creditor" means a creditor having a lien on a motor vehicle and includes an assignee for benefit of creditors from the date of assignment, a trustee in a case under title 11 from the date of filing of the petition in that case, and a receiver in equity from the date of appointment of the receiver.
(3) "security interest" means an interest (including an interest established by a conditional sales contract, mortgage, equipment trust, or other lien or title retention contract, or lease) in a motor vehicle when the interest secures payment or performance of an obligation.
(4) "perfection", as related to a security interest, means taking action (including public filing, recording, notation on a certificate of title, and possession of collateral by the secured party), or the existence of facts, required under law to make a security interest enforceable against general creditors and subsequent lien creditors of a debtor, but does not include compliance with requirements related only to the establishment of a valid security interest between the debtor and the secured party.
(b) A security interest in a motor vehicle owned by, or in the possession and use of, a carrier having a certificate or permit issued under
(1) a certificate of title is issued for a motor vehicle under a law of a jurisdiction that requires or permits indication, on a certificate or title, of a security interest in the motor vehicle if the security interest is indicated on the certificate;
(2) a certificate of title has not been issued and the law of the State where the principal place of business of that carrier is located requires or permits public filing or recording of, or in relation to, that security interest if there has been such a public filing or recording; and
(3) a certificate of title has not been issued and the security interest cannot be perfected under paragraph (2) of this subsection, if the security interest has been perfected under the law (including the conflict of laws rules) of the State where the principal place of business of that carrier is located.
(c) This section does not affect a security interest perfected before January 1, 1959.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11304(a)(1) | 49:313(a)(6). | Feb. 4, 1887, ch. 104, |
| 11304(a)(2) | 49:313(a)(3). | |
| 11303(a)(3) | 49:313(a)(5). | |
| 11304(a)(4) | 49:313(a)(4). | |
| 11304(b) | 49:313(a)(1), (2), (5), (7), (b), (c), (d). | |
| 11304(c) | 49:313 (less (a)–(d)). |
The text of 49:313(a)(1), (2), and (7) is included in the text of subsection (b) of the revised section to eliminate unnecessary definitions. The words "District of Columbia" are omitted in view of the definition of "State" in section 10102 of the revised title.
In subsection (a)(1), the word "of" is substituted for "having a" for clarity. The words "at least 10,000 pounds" are substituted for "of ten thousand pounds or more" for clarity. The word "individuals" is substituted for "persons" as being more precise.
In subsection (a)(2), the words "having a lien on a motor vehicle" are substituted for "who has acquired a lien on the motor vehicle involved by attachment, levy, or the like" for clarity and as being more precise. The word "date" is substituted for "time" as being more precise.
In subsection (a)(3), the words "but not limited to" are omitted as surplus. The words "owned by, or the possession and use of which vehicle has been transferred to, a debtor carrier" are omitted as surplus. The words "when the interest secures" are substituted for "which interest secures" for clarity.
In subsection (a)(4), the words "taking action" are substituted for "the taking of the steps" as being more precise. The words "but not limited to" are omitted as surplus. The word "applicable" is omitted as unnecessary. The words "compliance with requirements related only to" are substituted for "any reference to compliance with requirements, if any, as to capacity, authority, form of instruments, value, consideration, good faith, and other matters which go only to" for clarity and as being more inclusive. The word "establishment" is substituted for "creation" as being more appropriate.
In the introductory matter in subsection (b), 49:313(a)(1) and (7) are restated for clarity. The words "carrier having a certificate or permit issued under
In subsection (b), the word "law" is substituted for "statute" as being more appropriate. The words "In the case of any security interest in a motor vehicle for which" are omitted as surplus. The word "and" is substituted for "(1) if" for clarity. The words "in relation to" are substituted for "with respect to" for clarity. The words "and (2)" are omitted as surplus. The words "perfection of such a security interest shall be governed by the law of" are omitted as unnecessary in view of the restatement. The words "as to general creditors and subsequent lien creditors" are omitted as surplus in view of subsection (a)(4) of the revised section. The words "of the United States" are omitted as unnecessary.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11304(a)(2) | 49:313(a)(3). | Nov. 6, 1978, |
Amendments
1980—Subsec. (a)(2).
Effective Date of 1980 Amendment
Section 3(e) of
SUBCHAPTER II—OWNERSHIP
§11321. Limitation on ownership of certain water carriers
(a)(1) Notwithstanding
(2) The Commission may decide, after a full hearing, questions of fact related to competition or the possibility of competition under this subsection on application of a carrier. A carrier may file an application to determine whether an existing service violates this subsection and may request permission to continue operation of a vessel or that action be taken under subsection (b) of this section. The Commission may begin a proceeding under this subsection on its own initiative or on application of a shipper to investigate the operation of a vessel used by a carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of that chapter if the carrier has not applied to the Commission and had the question of competition or the possibility of competition determined under this subsection.
(b) Notwithstanding subsection (a) of this section, the Commission may authorize a carrier providing transportation subject to the jurisdiction of the Commission under that subchapter to own, operate, control, or have an interest in a water common carrier or vessel that is not operated through the Panama Canal and with which the carrier does or may compete for traffic when the Commission finds that ownership, operation, control, or interest will still allow that water common carrier or vessel to be operated in the public interest advantageously to interstate commerce and that it will still allow competition, without reduction, on the water route in question. However,
(c) The Commission may take action under this section only after a full hearing. An order entered as a result of the action may be conditioned on giving security for the payment of an amount of money or the discharge of an obligation that is required to be paid or discharged under that order.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11321(a) | 49:5(15) (less words after semicolon), (16). | Feb. 4, 1887, ch. 104, |
| 11321(b) | 49:5(17). | |
| 11321(c) | 49:51 (related to ownership). | Aug. 24, 1912, ch. 390, §11 (last par.) (related to ownership), |
In subsection (a)(1), the words "the provisions of" are omitted as surplus. The words "from and after the 1st day of July 1914" and "(after September 18, 1940)" are omitted as obsolete. The words "rail, express, sleeping car, or pipeline carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
In subsection (a)(2), the words "The Commission may decide" are substituted for "Jurisdiction is conferred on the Commission to determine" for clarity. The word "carrier" is substituted for "railroad company or other carrier" as being more inclusive. The words "to determine" are substituted for "for the purpose of determining" for clarity. The word "request" is substituted for "pray" as being more appropriate. The words "that action be taken under subsection (b) of this section" are substituted for "for an order under the provisions of paragraph (16) of this section" to conform to the revised section and for clarity in view of subchapter II of
In subsection (b), the words "the Commission may" are substituted for "the Commission shall have authority" for clarity. The words "when the Commission finds" are substituted for "if the Commission shall find" for clarity. The words "will still allow" are substituted for "will not prevent" for clarity. The words "advantageously to interstate commerce" are substituted for "and with advantage to the convenience and commerce of the people" for clarity. The words "will still allow competition, without reduction," are substituted for "will not exclude, prevent, or reduce competition" for clarity. The words "in question" are substituted for "under consideration" for clarity. The 2d sentence restates 49:5(17) (1st proviso) for clarity and to conform to the revised title. The 3d sentence is substituted for "upon application of any carrier, . . . and after hearing, by order" for clarity in view of subchapter II of
In subsection (c), the words "upon formal complaint or in proceedings instituted by the Commission of its own motion" are omitted as surplus in view of
References in Text
Section 5(21) of the Interstate Commerce Act (
Section Referred to in Other Sections
This section is referred to in
§11322. Restrictions on officers and directors
(a) A person may hold the position of officer or director of more than one carrier as defined in
(b) An officer or director of a carrier referred to in subsection (a) of this section may not—
(1) receive, for the benefit of that officer or director, a thing of value in relation to the negotiation, hypothecation, or sale of a security issued or to be issued by that carrier;
(2) share in the proceeds from the negotiation, hypothecation, or sale of a security issued or to be issued by that carrier; or
(3) participate in making or paying dividends of an operating carrier from funds included in a capital account.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11322 | 49:20a(12) (less last sentence). | Feb. 4, 1887, ch. 104, |
In subsection (a), the words "may . . . only when" are substituted for "It shall be unlawful for . . . unless" for clarity. The words "as defined in section 11301(a)(1)" are added for clarity. The word "authorized" is substituted for "such holding shall have been authorized" for clarity. The words "by order" are omitted as unnecessary in view of subchapter II of
In subsection (b), the words "thing of value" are substituted for "any money or thing of value" as being more inclusive. The words "proceeds from the negotiation, hypothecation, or sale of a security issued or to be issued by that carrier" are substituted for "proceeds thereof" for clarity and consistency. The word "properly" is omitted as surplus.
Section Referred to in Other Sections
This section is referred to in
§11323. Limitation on ownership of other carriers by household goods freight forwarders
(a) A household goods freight forwarder, or a person controlling, controlled by, or under common control with a household goods freight forwarder, providing service subject to the jurisdiction of the Interstate Commerce Commission under subchapter IV of
(b) A director, officer, employee, or agent of a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I, II, or III of
(c) This subtitle does not prohibit a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I, II, or III of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11323(a) | 49:1011(a). | Feb. 4, 1887, ch. 104, |
| 11323(b) | 49:1011(c). | |
| 11323(c) | 49:1011(g). |
In subsection (a), the words "may not" are substituted for "It shall be unlawful" for clarity. The word "However" is substituted for "except that" for consistency. Paragraph (2) of 49:1011(a) is omitted as obsolete.
In subsection (b), the words "After the expiration of six months from May 16, 1942," are omitted as executed. The words "may not" are substituted for "it shall be unlawful" for clarity. The words "for that person's" are substituted for "in his or her own personal" for clarity. The word "benefit" is substituted for "interest" for consistency. The words "does not prohibit" are substituted for "shall not forbid or preclude" for clarity.
In subsection (c), the words "This subtitle does not prohibit" are substituted for "Nothing in this Act shall be construed to make it unlawful" for clarity. The words "When that control exists" are substituted for "and, in any case where such control exists" for clarity. The words "from controlling" are substituted for "to have or to acquire control of" for clarity. The words "of one of those carriers" are substituted for "of the common carrier or of any freight forwarder controlled by such common carrier, or under common control with such common carrier" for clarity. The words "may not be" are substituted for "no . . . shall be" for clarity. The words "under any provision of this Act" are omitted as surplus. The words "between such common carrier and such freight forwarder" are omitted as unnecessary.
Amendments
1986—
Effective Date of 1986 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER III—COMBINATIONS
Subchapter Referred to in Other Sections
This subchapter is referred to in
§11341. Scope of authority
(a) The authority of the Interstate Commerce Commission under this subchapter is exclusive. A carrier or corporation participating in or resulting from a transaction approved by or exempted by the Commission under this subchapter may carry out the transaction, own and operate property, and exercise control or franchises acquired through the transaction without the approval of a State authority. A carrier, corporation, or person participating in that approved or exempted transaction is exempt from the antitrust laws and from all other law, including State and municipal law, as necessary to let that person carry out the transaction, hold, maintain, and operate property, and exercise control or franchises acquired through the transaction. However, if a purchase and sale, a lease, or a corporate consolidation or merger is involved in the transaction, the carrier or corporation may carry out the transaction only with the assent of a majority, or the number required under applicable State law, of the votes of the holders of the capital stock of that corporation entitled to vote. The vote must occur at a regular meeting, or special meeting called for that purpose, of those stockholders and the notice of the meeting must indicate its purpose.
(b) A power granted under this subchapter to a carrier or corporation is in addition to and changes its powers under its corporate charter and under State law. Action under this subchapter does not establish or provide for establishing a corporation under the laws of the United States.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11341 | 49:5(12). | Feb. 4, 1887, ch. 104, §5(12), |
In subsection (a), the words "of the Interstate Commerce Commission" are added for clarity. The words "is exclusive" are substituted for "shall be exclusive and plenary" for clarity. The words "may carry out the transaction" are substituted for "shall have full power . . . to carry such transaction into effect" for clarity. The words "without the approval of a" are substituted for "without invoking any approval under" for clarity. The word "person" is substituted for "and their officers and employees and any other persons" as being more inclusive. The words "exempt from the antitrust laws" are substituted for "they are relieved from the operation of the antitrust laws" for clarity. The words "from all other law, including State and municipal law" are substituted for "of all other restraints, limitations, and prohibitions of law, Federal, State, or municipal" to eliminate redundancy. The words "as necessary" are substituted for "insofar as may be necessary" for clarity. The words "so approved and provided for in accordance with the terms and conditions, if any, imposed by the Commission" are omitted as unnecessary in view of the restatement. The 4th and last sentences of subsection (a) restate the words in parentheses in the 1st sentence of 49:5(12) for clarity.
In subsection (b), the words "Action under this subchapter does not establish" are substituted for "Nothing in this section shall be construed to create" for clarity. The word "is" is substituted for "shall be deemed to be" for clarity. The words "corporation under the laws of the United States" are substituted for "Federal corporation" as being more precise.
Amendments
1982—Subsec. (a).
Effective Date of 1982 Amendment
Amendment by
§11342. Limitation on pooling and division of transportation or earnings
(a) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I, II, or III of
(1) will be in the interest of better service to the public or of economy of operation; and
(2) will not unreasonably restrain competition.
(b)(1) Any motor common carrier of property may apply to the Commission for approval of an agreement or combination with another motor common carrier of property to pool or divide traffic or any services or any part of their earnings by filing such agreement or combination with the Commission not less than 50 days before its effective date. Prior to the effective date of the agreement or combination, the Commission shall determine whether the agreement or combination is of major transportation importance and whether there is substantial likelihood that the agreement or combination will unduly restrain competition. If the Commission determines that neither of these two factors exists, it shall, prior to such effective date and without a hearing, approve and authorize the agreement or combination, under such rules and regulations as the Commission may issue, and for such consideration between such carriers and upon such terms and conditions as shall be found by the Commission to be just and reasonable. If the Commission determines either that the agreement or combination is of major transportation importance or that there is a substantial likelihood that the agreement or combination will unduly restrain competition, the Commission shall hold a hearing concerning whether the agreement or combination will be in the interest of better service to the public or of economy in operation and whether it will unduly restrain competition and shall suspend operation of such agreement or combination pending such hearing and final decision thereon. After such hearing, the Commission shall indicate to what extent it finds that the agreement or combination will be in the interest of better service to the public or of economy in operation and will not unduly restrain competition and if assented to by all the carriers involved, shall, to that extent, approve and authorize the agreement or combination, under such rules and regulations as the Commission may issue, and for such consideration between such carriers and upon such terms and conditions as shall be found by the Commission to be just and reasonable.
(2) In the case of an application for Commission approval of an agreement or combination between a motor common carrier providing transportation of household goods and its agents to pool or divide traffic or services or any part of their earnings, such agreement or combination shall be presumed to be in the interest of better service to the public and of economy in operation and not to restrain competition unduly if the practices proposed to be carried out under such agreement or combination are the same as or similar to practices carried out under agreements and combinations between motor common carriers providing transportation of household goods to pool or divide traffic or services or any part of their earnings approved by the Commission before the date of enactment of this paragraph.
(3) The Commission shall streamline, simplify, and expedite, to the maximum extent practicable, the process (including, but not limited to, any paperwork) for submission and approval of applications under this section for agreements and combinations between motor common carriers providing transportation of household goods and their agents.
(c) The Commission may impose conditions governing the pooling or division and may approve and authorize payment of a reasonable consideration between the carriers.
(d) This section affects an agreement or combination filed with the Commission before March 19, 1941, to which a water common carrier providing transportation subject to the jurisdiction of the Commission under subchapter III of
(e) The Commission may begin a proceeding under this section on its own initiative or on application.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11342 | 49:5(1) (less words between semicolon and 1st colon). | Feb. 4, 1887, ch. 104, §5(1) (less words between semicolon and 1st colon), |
In subsection (a), the words "subchapter I, II, or III of
In subsection (b), the words "The Commission may impose conditions governing the pooling or division" are substituted for "to the extent indicated by the Commission . . . under such rules and regulations, . . . and upon such terms and conditions, as shall be found by the Commission to be just and reasonable in the premises" for clarity and consistency in view of subchapter II of
In subsection (c), the words "Provided further, That" are omitted as surplus. The words "This section affects an agreement or combination filed with the Commission before March 19, 1941 only" are substituted for "any contract, agreement, or combination . . . relating to the pooling or division of traffic, service, or earnings, or any portion thereof, lawfully existing on September 18, 1940, if filed with the Commission within six months after such date, shall continue to be lawful" for clarity and to eliminate obsolete language. The words "when the Commission determines that the agreement or combination does not meet the requirements for approval and authorization under subsection (a) of this section" are substituted for "except to the extent that the Commission . . . may find and by order declare that such contract, agreement, or combination is not in the interest of better service to the public or of economy in operation, or that it will unduly restrain competition" for clarity and consistency.
In subsection (d), the word "proceeding" is substituted for "hearing" for consistency in view of subchapter II of
References in Text
The date of enactment of this paragraph, referred to in subsec. (b)(2), is the date of enactment of
Amendments
1980—Subsec. (a).
Subsec. (b).
Subsecs. (c) to (e).
Section Referred to in Other Sections
This section is referred to in
§11343. Consolidation, merger, and acquisition of control
(a) The following transactions involving carriers providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I (except a pipeline carrier), II, or III of
(1) consolidation or merger of the properties or franchises of at least 2 carriers into one corporation for the ownership, management, and operation of the previously separately owned properties.
(2) a purchase, lease, or contract to operate property of another carrier by any number of carriers.
(3) acquisition of control of a carrier by any number of carriers.
(4) acquisition of control of at least 2 carriers by a person that is not a carrier.
(5) acquisition of control of a carrier by a person that is not a carrier but that controls any number of carriers.
(6) acquisition by a rail carrier of trackage rights over, or joint ownership in or joint use of, a railroad line (and terminals incidental to it) owned or operated by another rail carrier.
(b) A person may carry out a transaction referred to in subsection (a) of this section or participate in achieving the control or management, including the power to exercise control or management, in a common interest of more than one of those carriers, regardless of how that result is reached, only with the approval and authorization of the Commission under this subchapter. In addition to other transactions, each of the following transactions are considered achievements of control or management:
(1) A transaction by a carrier has the effect of putting that carrier and persons affiliated with it, taken together, in control of another carrier.
(2) A transaction by a person affiliated with a carrier has the effect of putting that carrier and persons affiliated with it, taken together, in control of another carrier.
(3) A transaction by at least 2 persons acting together (one of whom is a carrier or is affiliated with a carrier) has the effect of putting those persons and carriers and persons affiliated with any of them, or with any of those affiliated carriers, taken together, in control of another carrier.
(c) A person is affiliated with a carrier under this subchapter if, because of the relationship between that person and a carrier, it is reasonable to believe that the affairs of another carrier, control of which may be acquired by that person, will be managed in the interest of the other carrier.
(d)(1) Approval and authorization by the Commission are not required if the only parties to a transaction referred to in subsection (a) of this section are motor carriers providing transportation subject to the jurisdiction of the Commission under subchapter II of
(2) The approval and authorization of the Commission are not required if the only parties to a transaction referred to in subsection (a) of this section are street, suburban, or interurban electric railways that are not controlled by or under common control with a carrier that is operated as part of a general railroad system of transportation.
(e)(1) Notwithstanding any provisions of this title, the Interstate Commerce Commission, in a matter related to a motor carrier of property providing transportation subject to the jurisdiction of the Commission under subchapter II of
(A) the application of such provisions is not necessary to carry out the transportation policy of
(B) either (i) the transaction is of limited scope, or (ii) the application of such provisions is not needed to protect shippers from the abuse of market power.
(2) At least 60 days before any transaction exempt under this subsection from the merger, consolidation, and acquisition of control provisions of this subchapter may take effect, each carrier intending to participate in such transaction shall file with the Commission a notice of its intention to participate in such transaction and shall give public notice of such intention. The Commission shall prescribe the information to be contained in such notices, including the nature and scope of the transaction.
(3) The Commission, on its own initiative or on complaint, may revoke an exemption granted under this subsection, to the extent it specifies, when it finds that application of the provisions of this section to the person, class of persons, or transportation is necessary to carry out the transportation policy of
(4) If the Commission, on its own initiative, finds that employees of any carrier intending to participate in a transaction exempt under this subsection from the merger, consolidation, and acquisition of control provisions of this subchapter are or will be adversely affected by such transaction or if employees of such carrier adversely affected by such transaction file a complaint concerning such transaction with the Commission, the Commission shall revoke such exemption to the extent the Commission deems necessary to review and address the adverse effects on such employees.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11343(a) | 49:5(2)(a), (14). | Feb. 4, 1887, ch. 104, §5(2)(a), (5), (6), (7), (11), and (14), |
| 11343(b) (1st sentence) | 49:5(5). | |
| 11343(b) (less 1st sentence) | 49:5(6). | |
| 11343(c) | 49:5(7). | |
| 11343(d) | 49:5(11). |
In subsection (a), the words "may be carried out only" are substituted for "It shall be lawful" as being more precise. The words "providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I (except a pipeline carrier), II, or III of
In subsection (b), the words "A person may . . . only with the approval and authorization of the Commission under this subchapter" are substituted for "It shall be unlawful for any person, except as provided in paragraphs (2) or (3) of this section" for clarity in view of the restatement. The words "referred to in" are substituted for "within the scope of" for clarity. The words "participate in achieving" are substituted for "to accomplish or effectuate, or to participate in accomplishing or effectuating" as being more inclusive. The words "including the power to exercise control or management" are substituted for 49:5(5) (last sentence) to eliminate the use of a definition. The words "regardless of how that result is reached" are substituted for "however such result is attained, whether directly or indirectly, by use of common directors, officers, or stockholders, a holding or investment company or companies, a voting trust or trusts, or in any other manner whatsoever" as being more inclusive. The 2d sentence of 49:5(5) is omitted as obsolete. The words "For the purposes of this section" are omitted as unnecessary in view of the restatement. The words "In addition to other transactions" are substituted for "but not in anywise limiting the application of the provisions thereof" for clarity. The words "are considered" are substituted for "shall be deemed" for clarity. The words "A transaction . . . has the effect" are substituted for "and if the effect of such transaction is" for clarity.
In subsection (c), the words "A person is affiliated with a carrier under this subchapter" are substituted for "For the purposes of this section, a person shall be held to be affiliated with a carrier" for clarity. The words "(whether by reason of the method of, or circumstances surrounding organization or operation, or whether established through common directors, officers, or stockholders, a voting trust or trusts, a holding or investment company or companies, or any other direct or indirect means)" are omitted as surplus.
In subsection (d), the words "Approval and authorization by the Commission are not required" are substituted in both places for "Nothing in this section shall be construed to require the approval or authorization of the Commission" for clarity. The word "if" is substituted for "in the case of . . . where" for clarity. The words "were not more than" are substituted for "have not exceeded" for consistency. The word "before" is substituted for "preceding" for clarity. The last sentence of subsection (c)(1) is substituted for "(but not including a motor carrier controlled by or affiliated with a carrier as defined in
Amendments
1982—Subsec. (e).
1980—Subsec. (d)(1).
Effective Date of 1982 Amendment
Amendment by
Savings Provision
Section Referred to in Other Sections
This section is referred to in
§11344. Consolidation, merger, and acquisition of control: general procedure and conditions of approval
(a) The Interstate Commerce Commission may begin a proceeding to approve and authorize a transaction referred to in
(b)(1) In a proceeding under this section which involves the merger or control of at least two class I railroads, as defined by the Commission, the Commission shall consider at least the following:
(A) the effect of the proposed transaction on the adequacy of transportation to the public.
(B) the effect on the public interest of including, or failing to include, other rail carriers in the area involved in the proposed transaction.
(C) the total fixed charges that result from the proposed transaction.
(D) the interest of carrier employees affected by the proposed transaction.
(E) whether the proposed transaction would have an adverse effect on competition among rail carriers in the affected region.
(2) In a proceeding under this section which involves only carriers of passengers providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter II of
(A) the effect of the proposed transaction on the adequacy of transportation to the public.
(B) the effect on the public interest of including, or failing to include, other rail carriers in the area involved in the proposed transaction.
(C) the total fixed charges that result from the proposed transaction.
(D) the interest of carrier employees affected by the proposed transaction.
(c) The Commission shall approve and authorize a transaction under this section when it finds the transaction is consistent with the public interest. The Commission may impose conditions governing the transaction. When the transaction contemplates a guaranty or assumption of payment of dividends or of fixed charges or will result in an increase of total fixed charges, the Commission may approve and authorize the transaction only if it finds that the guaranty, assumption, or increase is consistent with the public interest. When a rail carrier, or a person controlled by or affiliated with a rail carrier, is an applicant and the transaction involves a motor carrier, the Commission may approve and authorize the transaction only if it finds that the transaction is consistent with the public interest, will enable the rail carrier to use motor carrier transportation to public advantage in its operations, and will not unreasonably restrain competition. When a rail carrier is involved in the transaction, the Commission may require inclusion of other rail carriers located in the area involved in the transaction if they apply for inclusion and the Commission finds their inclusion to be consistent with the public interest.
(d) In a proceeding under this section which does not involve the merger or control of at least two class I railroads, as defined by the Commission, the Commission shall approve such an application unless it finds that—
(1) as a result of the transaction, there is likely to be substantial lessening of competition, creation of a monopoly, or restraint of trade in freight surface transportation in any region of the United States; and
(2) the anticompetitive effects of the transaction outweigh the public interest in meeting significant transportation needs.
In making such findings, the Commission shall, with respect to any application that is part of a plan or proposal developed under section 333(a)–(d) of this title, accord substantial weight to any recommendations of the Secretary of Transportation. The provisions of this subsection do not apply to any proceeding under this section which involves only carriers of passengers providing transportation subject to the jurisdiction of the Commission under subchapter II of
(e) A rail carrier, or a person controlled by or affiliated with a rail carrier, together with one or more affected shippers, may apply for approval under this subsection of a transaction for the purpose of providing motor carrier transportation prior or subsequent to rail transportation to serve inadequately served shippers located on a railroad other than the applicant carrier. Such application shall be approved by the Commission if the applicants demonstrate presently impaired rail service and inadequate motor common carrier service which results in the serious failure of the rail carrier serving the shippers to meet the rail equipment or transportation schedules of shippers or seriously to fail otherwise to provide adequate normal rail services required by shippers and which shippers would reasonably expect the rail carrier to provide. The Commission shall approve or disapprove applications under this subsection within 30 days after receipt of such application. The Commission shall approve applications which are not protested by interested parties within 30 days following receipt of such application.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11344(a) | 49:5(2)(b) (less last sentence). | Feb. 4, 1887, ch. 104, §5(2)(b)–(e), |
| 11344(b) | 49:5(2)(c). | |
| 11344(c) | 49:5(2)(b) (last sentence), (d), (e). |
In subsection (a), the words "may begin a proceeding" are substituted for "and shall afford reasonable opportunity for interested parties to be heard. If the Commission shall consider it necessary in order to determine whether the findings specified below may properly be made, it shall set said application for public hearing;" for clarity and consistency in view of subchapter II of
In subsection (b), the words "In a proceeding under this section" are substituted for "In passing upon any proposed transaction under the provisions of this paragraph" for clarity. The words "at least" are substituted for "among others" for clarity. The word "area" is substituted for "territory" as being more appropriate.
In subsection (c), the words "The Commission shall . . . when it finds . . . may impose conditions governing the transaction" are substituted for "If the Commission finds, subject to such terms and conditions and such modifications as it shall find to be just and reasonable" for clarity. The word "conditions" is substituted for "terms and conditions" to eliminate redundancy. The words "just and reasonable" are omitted in view of the words "the transaction is consistent with the public interest" and in view of
Pub. L. 98–216
This amends cross-references in sections 10904(d)(2) and (e)(3) and 11344(d) of title 49 affected by the codification of subtitle I of title 49 by section 1 of the Act of January 12, 1983 (
Amendments
1984—Subsec. (d).
1982—Subsec. (b).
Subsec. (d).
1980—Subsec. (b).
Subsecs. (d), (e).
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Savings Provision
Applications filed or pending on Oct. 1, 1980, under this section, before the Secretary of Transportation, the Interstate Commerce Commission, or any court to be adjudicated or determined as if
Section Referred to in Other Sections
This section is referred to in
§11345. Consolidation, merger, and acquisition of control: rail carrier procedure
(a) If a rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(1) the merger or control of at least two class I railroads, as defined by the Commission, to be decided within the time limits specified in subsection (b) of this section;
(2) transactions of regional or national transportation significance, to be decided within the time limits specified in subsection (c) of this section; or
(3) any other transaction covered by this section, to be decided within the time limits specified in subsection (d) of this section.
(b) If the application involves the merger or control of two or more class I railroads, as defined by the Commission:
(1) Written comments about an application may be filed with the Commission within 45 days after notice of the application is published under subsection (a) of this section. Copies of such comments shall be served on the Secretary of Transportation and the Attorney General, each of whom may decide to intervene as a party to the proceeding. That decision must be made by the 15th day after the date of receipt of the written comments, and if the decision is to intervene, preliminary comments about the application must be sent to the Commission by the end of the 15th day after the date of receipt of the written comments.
(2) The Commission shall require that applications inconsistent with an application, notice of which was published under subsection (a) of this section, and applications for inclusion in the transaction, be filed with it and given to the Secretary of Transportation by the 90th day after publication of notice under that subsection.
(3) The Commission must conclude evidentiary proceedings by the end of the 24th month after the date of publication of notice under subsection (a) of this section. The Commission must issue a final decision by the 180th day after the date on which it concludes the evidentiary proceedings.
(c) If the application involves a transaction other than the merger or control of at least two class I railroads, as defined by the Commission, which the Commission has determined to be of regional or national transportation significance:
(1) Written comments about an application may be filed with the Commission within 30 days after notice of the application is published under subsection (a) of this section. Copies of such comments shall be served on the Secretary of Transportation and the Attorney General, each of whom may decide to intervene as a party to the proceeding. That decision must be made by the 15th day after the date of receipt of the written comments, and if the decision is to intervene, preliminary comments about the application must be sent to the Commission by the end of the 15th day after the date of receipt of the written comments.
(2) The Commission shall require that applications inconsistent with an application, notice of which was published under subsection (a) of this section, and applications for inclusion in the transaction, be filed with it and given to the Secretary of Transportation by the 60th day after publication of notice under that subsection.
(3) The Commission must conclude any evidentiary proceedings by the 180th day after the date of publication of notice under subsection (a) of this section. The Commission must issue a final decision by the 90th day after the date on which it concludes the evidentiary proceedings.
(d) For all applications under this section other than those specified in subsections (b) and (c) of this section:
(1) Written comments about an application may be filed with the Commission within 30 days after notice of the application is published under subsection (a) of this section. Copies of such comments shall be served on the Secretary of Transportation and the Attorney General, each of whom may decide to intervene as a party to the proceeding. That decision must be made by the 15th day after the date of receipt of the written comments, and if the decision is to intervene, preliminary comments about the application must be sent to the Commission by the end of the 15th day after the date of receipt of the written comments.
(2) The Commission must conclude any evidentiary proceedings by the 105th day after the date of publication of notice under subsection (a) of this section. The Commission must issue a final decision by the 45th day after the date on which it concludes the evidentiary proceedings.
(e) If the Commission does not issue a decision that is a final action under
(f) The Commission may waive the requirement that an initial decision be made under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11345(a) | 49:5(2)(g)(i). | Feb. 4, 1887, ch. 104, |
| 11345(b) | 49:5(2)(g)(ii), (iii). | |
| 11345(c) | 49:5(2)(g)(iv). | |
| 11345(d) | 49:5(2)(g)(v), (vi), and (2d sentence). | |
| 11345(e) | 49:5(2)(g) (less (i)–(vi) and 2d sentence). | |
| 11345(f) | 49:5(2)(h). |
In the section, the introductory language before 49:5(2)(g)(i) is used throughout for clarity in view of the restatement.
In subsection (a), the words "is a final action of the Commission under
In subsection (b), the words "Written comments . . . may be filed" are substituted for "provide that written comments on an application . . . may be filed" for clarity. The words "That decision must be made by the 15th day after" are substituted for "shall be afforded 15 days following the date" for clarity.
In subsection (c), the words "in whole or in part" are omitted as surplus. The word "given" is substituted for "furnished" as being more appropriate.
In subsection (d), the words "does not issue" are substituted for "fails to issue" as being more precise. The words "final action under
In subsection (e), the words "waive the requirement that an initial decision be made under
In subsection (f), the words "rail carrier" are substituted for "carrier by railroad" for consistency. The words "may appear" are substituted for "shall have standing to appear" for clarity.
Amendments
1980—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Effective Date of 1980 Amendment
Amendment by
Savings Provision
Applications filed or pending on Oct. 1, 1980, under this section, before the Secretary of Transportation, the Interstate Commerce Commission, or any court to be adjudicated or determined as if
Section Referred to in Other Sections
This section is referred to in
§11345a. Consolidation, merger, and acquisition of control: motor carrier procedure
(a) If a motor carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter II of
(b) Written comments about an application may be filed with the Commission within 45 days after notice of the application is published under subsection (a) of this section.
(c) The Commission must conclude evidentiary proceedings by the 240th day after the date of publication of notice under subsection (a) of this section. The Commission must issue a final decision by the 180th day after the date it concludes the evidentiary proceedings. In extraordinary circumstances, the Commission may extend a time period established by this section, except that the total of all such extensions with respect to any application shall not exceed 90 days.
(d) The Commission may waive the requirement that an initial decision be made under
(Added
Amendments
1982—
Effective Date of 1982 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§11346. Consolidation, merger, and acquisition of control: expedited rail carrier procedure
(a) A rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(b) When the Commission notifies persons required to receive notice that an application has been filed under this section, the Commission must include in the notice a copy of the application, a summary of the proposed transaction, and the applicant's reasons and public interest justification for the transaction. When the Commission notifies the Secretary of Transportation that an application has been filed under this section, the Commission shall also request the report of the Secretary prepared under
(1) the chief executive officer of each State that may be affected by the execution or implementation of the proposed transaction;
(2) the Attorney General;
(3) the Secretary of Labor; and
(4) the Secretary of Transportation (unless the Secretary is the applicant under subsection (a) of this section).
(c) The Commission shall designate a panel of the Commission to make a recommended decision on each application under this section. The panel must begin a proceeding by the 90th day after the date the Commission receives the application, complete the proceeding by the 180th day after the application is referred to it, and give its recommended decision and certify the record to the entire Commission by the 90th day after the proceeding is completed. The panel may use employees appointed under
(1) request the views of the Secretary of Transportation about the effect of the transaction on the national transportation policy, as stated by the Secretary, and consider the report submitted under
(2) request the views of the Attorney General about the effect of the transaction on competition; and
(3) request the views of the Secretary of Labor about the effect of the transaction on rail carrier employees, particularly whether the proposal contains adequate employee protection provisions.
The Secretaries and the Attorney General shall send their written views to the panel. Those statements are available to the public under
(d) When the recommended decision and record of a proceeding under this section are certified to the entire Commission, it must hear oral argument on the matter certified to it and make a final decision by the 120th day after receiving the recommended decision and record. The Commission may extend a time period under subsection (c) of this section or under this subsection but must make its final decision by the end of the 2d year after receipt of the application by the Commission. The Commission shall consider the report of the Secretary of Transportation under
(1) approve the transaction if the Commission determines the transaction is in the public interest;
(2) approve the transaction with conditions and modifications that it determines are in the public interest; or
(3) disapprove the transaction if it determines the transaction is not in the public interest.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11346(a) | 49:56(3)(a), (b). | Feb. 4, 1887, ch. 104, |
| 11346(b) | 49:5(3)(c). | |
| 11346(c) | 49:5(3)(d) (less 6th and last sentences), (e). | |
| 11346(d) | 49:5(3)(d) (6th and last sentences), (f) (last sentence), (g). |
In subsection (a), the words "by an eligible party in accordance with subdivision (b)" are omitted as unnecessary in view of the restatement. The words "before January 1, 1982" are substituted for "during the period beginning on February 5, 1976 and ending on December 31, 1981" for clarity. The words "may apply . . . under this section instead of
In subsection (b), the words "whenever a transaction described in subdivision (a) is proposed under this paragraph, the proposing party shall submit an application for approval thereof to the Commission" are omitted in view of the restatement of 49:5(2)(b) (less last sentence) in section 11344(a) of the revised title. The words "directly or indirectly" are omitted as surplus. The words "Secretary is the applicant under subsection (a) of this section" are substituted for "Secretary is the proposing party" for clarity. The words "shall also request the report of the Secretary prepared under
In subsection (c), the word "proceeding" is substituted for "public hearing" in view of subchapter II of
In subsection (d), the word "but" is substituted for "except that" for clarity. The words "must make its final decision" are substituted for "the final decision of the Commission shall be rendered" for clarity. The words "shall consider" are substituted for "shall give due weight and consideration" for clarity. The words "In each case" are omitted as surplus.
Amendments
1983—Subsec. (a).
Section Referred to in Other Sections
This section is referred to in
§11347. Employee protective arrangements in transactions involving rail carriers
When a rail carrier is involved in a transaction for which approval is sought under sections 11344 and 11345 or
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11347 | 49:5(2)(f). | Feb. 4, 1887, ch. 104, §5(2)(f), |
The words "When a rail carrier is involved in the transaction for which approval is sought under sections 11344 and 11345 or
Amendments
1994—
1984—
Section Referred to in Other Sections
This section is referred to in
§11348. Interstate Commerce Commission authority over noncarrier that acquires control of carrier
(a) When the Interstate Commerce Commission approves and authorizes a transaction under
(b) When a person subject to
(1) is consistent with the proper performance of public transportation by the carrier that is controlled by that person;
(2) will not impair the ability of the carrier to provide public transportation; and
(3) is consistent with the public interest in other respects.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11348 | 49:5(4). | Feb. 4, 1887, ch. 104, |
In subsection (a), the words "When the . . . Commission approves and authorizes a transaction under
In subsection (b), the words "When a person subject to
Pub. L. 103–429
This amends 49:11348(a) to reflect the redesignation of 49:11901(l) as 49:11901(m) by section 7(c)(1) of the Negotiated Rates Act of 1993 (
Amendments
1994—Subsec. (a).
1984—Subsec. (a).
1983—Subsec. (a).
1982—
1980—Subsec. (a).
Effective Date of 1982 Amendment
Amendment by
§11349. Temporary operating approval for transactions involving motor and water carriers
(a) Pending determination of an application filed with the Interstate Commerce Commission under this subchapter for approval of a consolidation or merger of the properties of at least 2 motor carriers or at least 2 water carriers, or of a purchase, lease, or contract to operate the properties of at least one motor carrier or at least one water carrier, the Commission may approve, for a period of not more than 180 days, the operation of the properties sought to be acquired by the person proposing in the application to acquire those properties. The Commission may approve operation of motor carrier properties when it appears that failure to grant the approval may result in destruction of or injury to those motor carrier properties the person is seeking to acquire, or substantially interfere with their future usefulness in providing adequate and continuous service to the public. The Commission may approve the operation of water carrier properties only for good cause shown.
(b) The Commission may take action under subsection (a) of this section without regard to subchapter II of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11349 | 49:310a(b), (c). | Feb. 4, 1887, ch. 104, |
| 49:911(b). | Feb. 4, 1887, ch. 104, |
The section consolidates and restates the source provisions for clarity. The word "temporary" is omitted as unnecessary.
In subsection (a), the words "at least 2" are substituted for "of two or more" and the words "at least one" are substituted for "of one or more" for consistency. The words "in its discretion" in 49:310a(b) are omitted as surplus. The words "of not more than" are substituted for "not exceeding" for consistency. The words "The Commission may approve operation of" are inserted each place for clarity.
In subsection (b), the words "may take action under subsection (a) of this section without regard to subchapter II of
§11350. Responsibility of the Secretary of Transportation in certain transactions
(a) When a rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(b) By the 10th day after an application is submitted to the Commission under
(1) the needs of rail transportation in the geographical area affected by the transaction;
(2) the effect of the transaction on competition in rail transportation and other modes of transportation in the geographical area affected by the transaction;
(3) the environmental impact of the transaction and of alternative choices of action;
(4) the effect of the transaction on employment;
(5) the cost of rehabilitation and modernization of track, equipment, and other facilities, with a comparison of the potential savings or losses from other possible choices of action;
(6) the rationalization of the rail system;
(7) the impact of the transaction on shippers, consumers, and rail carrier employees;
(8) the effect of the transaction on communities in the geographical area affected by the transaction and on geographical areas contiguous to the affected areas; and
(9) whether the proposed transaction will improve rail service.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11350(a) | 49:5(3)(f)(i)–(iii). | Feb. 4, 1887, ch. 104, |
| 11350(b) | 49:5(3)(f) (less (i)–(iii) and last sentence). |
In subsection (a), the word "When" is substituted for "whenever" as being more appropriate. The words "in order to provide reasonable notice to interested parties and the public of such proposed transaction" are omitted as surplus. The word "located" is substituted for "situated" for clarity. The words "under
In subsection (b), the words "shall complete and send to the Commission a study" are substituted for "submit a report to the Commission setting forth the results of each study conducted pursuant to clause (iv)" for clarity. The words "of the" are substituted for "with respect to" and "with respect to the proposed transaction which is the object of such study" for clarity. The words "the retention and promotion" are omitted as surplus. The words "in rail transportation and other modes of transportation" are substituted for "in the provision of rail and other transportation services" for clarity.
Section Referred to in Other Sections
This section is referred to in
§11351. Supplemental orders
When cause exists, the Interstate Commerce Commission may make appropriate orders supplemental to an order made in a proceeding under
(Added
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11351 | 49:5(10). | Feb. 4, 1887, ch. 104, |
The words "When cause exists" are substituted for "for good cause shown" for consistency with other sections of the revised title. The words "as it may deem necessary" are omitted as covered by "appropriate". The words "in a proceeding" are added for consistency.
Effective Date
Section effective Oct. 17, 1978, see section 3(d) of
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER IV—FINANCIAL STRUCTURE
Subchapter Referred to in Other Sections
This subchapter is referred to in title 26 section 354.
§11361. Scope of authority: changes in financial structure
(a) The authority of the Interstate Commerce Commission to act under this subchapter is exclusive. The Commission may approve and authorize a carrier, as defined in
(b) The Commission may not approve an application filed under this section by a carrier that is in equity receivership or reorganization under subchapter IV of
(c) A power granted to a carrier under this subchapter changes its powers under its corporate charter and under State law.
(d) This subchapter does not affect the negotiability of a security of a carrier or of the obligation of a carrier that assumed liability related to a security. This subchapter does not apply to an equipment-trust certificate under which a carrier is obligated, to an evidence of indebtedness of a carrier the payment of which is secured solely by equipment, or to another instrument under which that equipment-trust certificate or evidence of indebtedness was issued or by which either of them is secured.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11361(a) | 49:20b(1) (less proviso), (5) (less 2d and last sentences). | Feb. 4, 1887, ch. 104, |
| 11361(b) | 49:20b(13). | |
| 11361(c) | 49:20b(5) (2d sentence). | |
| 11361(d) | 49:20b(1) (proviso), (5) (last sentence). |
In subsection (a), the words "to act under this subchapter" are substituted for "conferred by this section" for clarity. The word "exclusive" is substituted for "exclusive and plenary" as being more appropriate. The words "in respect of any" are omitted as unnecessary in view of the restatement. The word "change" is substituted for "alteration or modification" as being more inclusive. The word "hereunder" is omitted as unnecessary in view of the restatement. The words "The Commission may approve and authorize . . . When . . . approved and authorized . . . the carrier may carry out" are substituted for "It shall be lawful . . . with the approval and authorization of the Commission . . . for a carrier" for clarity. The words "as provided in paragraph (2) of this section" are omitted as unnecessary in view of the restatement. The words "being hereinafter in this section sometimes called 'securities"' are omitted as surplus. The words "of an instrument" are substituted for "of any mortgage, indenture, deed of trust, corporate charter, or other instrument" as being more inclusive. The words "hereinafter referred to as instruments" are omitted as unnecessary in view of the restatement. The words "under which . . . is issued" are substituted for "pursuant to which . . . shall have been issued" for clarity. The words "may carry out the change" are substituted for "shall have full power to make any such alteration or modification and to take any actions incidental or appropriate thereto, and may make any such alteration or modification and take any such actions" as being more appropriate and precise. The words "notwithstanding an express provision in the affected instrument or a State law" are substituted for "any express provision contained in any mortgage, indenture, deed of trust, corporate charter, stock certificate, or other instrument or any provision of State law to the contrary notwithstanding" for clarity and as being more inclusive. The words "without getting other approval from the Commission or from a State authority" are substituted for "and any such alteration or modification may be made without securing the approval of the Commission under
In subsection (b), the words "may not" are substituted for "shall not" for clarity. The words "that is" are substituted for "while" for clarity. The words "in process of" are omitted as surplus. The words following the 1st comma in the 1st sentence of 49:20b(13) are omitted as executed.
In subsection (c), the words "shall be deemed to be" are omitted as unnecessary. The words "in addition to" are omitted as surplus.
In subsection (d), the words "This subchapter does not affect" are substituted for "The provisions of this section shall not affect" for clarity. The words "in any way" are omitted as surplus. The words "related to a security" are substituted for "in respect thereto" for clarity. The words "Provided, That" are omitted as surplus. The words "This subchapter does not apply" are substituted for "the provisions of this section shall not apply" for clarity. The words "under which" are substituted for "in respect of which" for clarity.
Pub. L. 98–216
This is necessary to correct an amendment made by section 5(g)(9) of the Act of January 12, 1983 (
Amendments
1984—Subsec. (b).
1983—Subsec. (b).
Section Referred to in Other Sections
This section is referred to in
§11362. Criteria for approval and authority
(a) A carrier may apply to the Interstate Commerce Commission for approval and authority to make a change under this subchapter. To approve a proposed change, the Commission must find that the proposed change—
(1) is within the scope of
(2) will be in the public interest;
(3) will be in the best interests of the carrier, of each class of its stockholders, and of the holders of each class of the carrier's obligations that are affected by the change; and
(4) will not be against the interests of a creditor of the carrier who is not affected by the change.
If the change involves an issuance of securities, the Commission must also make the findings required under
(b)(1) The Commission shall begin a proceeding under this section on receipt of an application but may require an applicant to get assurances of assent to the change from the holders of the outstanding shares of the securities that will be affected by the change before continuing with the proceeding. The Commission may determine the percentage of the principal amount or number of those shares needed to establish assurance of assent to the change. A class of securities is considered to be affected by a proposed change only if the change is proposed to a part of that class or to a part of an instrument under which that class was issued or by which it is secured. However, if a proposed change is to an instrument under which at least 2 classes of securities were issued and are outstanding or secured by that instrument, only those classes to which the change is related are considered to be affected. The Commission shall divide the securities to be affected by a proposed change under this subchapter into reasonable classes for purposes of this subchapter.
(2) On receipt of an application of a carrier under this section the Commission shall notify, and file a copy of the application with, the chief executive officer of each State in which that carrier operates. The appropriate authorities of those States are entitled to be admitted as parties to a proceeding under this section to represent the rights and interests of their people and States.
(c) The carrier must give notice of the proceeding to the holders of the class of securities affected. The Commission may direct the carrier to give notice to other persons the Commission determines to have an interest in the proceeding. The carrier may give notice under this subsection only after it gets assurances of assent when they are required under this section.
(d) The Commission may impose conditions governing the proposed change. The Commission may determine the effective date for a change it approves and authorizes under this subchapter and may allow it to become effective on publication of a declaration to that effect by the carrier. After an application is approved, the Commission may change a condition imposed and impose supplemental requirements for good cause shown subject to the requirements of this subchapter.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11362(a) | 49:20b(2) (1st sentence, 4th sentence less words between 4th and 5th commas and less words between 8th comma and period). | Feb. 4, 1887, ch. 104, |
| 11362(b)(1) | 49:20b(2) (2d sentence), (3) (1st and last sentences). | |
| 11362(b)(2) | 49:20b(8) (1st sentence). | |
| 11362(c) | 49:20b(2) (3d sentence). | |
| 11362(d) | 49:20b(2) (4th sentence words between 4th and 5th commas and 9th sentence), (8) (less 1st sentence). |
In subsection (a), the words "A carrier may apply" are substituted for "the carrier seeking authority therefor shall, pursuant to such rules and regulations as the Commission shall prescribe, present an application to the Commission" for clarity and to eliminate redundancy in view of section 10321(a) of the revised title that gives the Commission the general power to prescribe regulations to carry out the revised title. The words "To approve a proposed change, the Commission must find" are substituted for "If the Commission, after hearing . . . shall find that" for clarity. The words "after hearing" are omitted from the sentence in view of subchapter II of
In subsection (b)(1), the words "on receipt of an application" are substituted for "Upon presentation of any such application" for clarity. The words "Commission shall begin a proceeding" are substituted for "the Commission shall set such application for public hearing" for clarity in view of subchapter II of
In subsection (b)(2), the text of the source provision is omitted and the relevant part of 49:20a(6) is added for clarity. The words "chief executive officer" are substituted for "Governor" since the District of Columbia is included in the definition of "State" in section 10102 of the revised title.
In subsection (c), the words "shall set such application for public hearing" are omitted as unnecessary in view of the restatement. The words "The carrier must give notice of the proceeding" are substituted for "the carrier shall give reasonable notice of such hearing" for clarity and to eliminate the qualification "reasonable" since the Commission may prescribe the manner in which notice is given. The words "The carrier may give notice under this subsection only after it gets assurances of assent when they are required under this section" are substituted for "If the Commission shall not require the applicant to secure any such assurances, or when such assurances, as the Commission may require shall have been secured . . . [the carrier shall give . . . notice]" for clarity. The words "in such manner, by mail, advertisement, or otherwise, as the Commission may find practicable and may direct" are omitted as unnecessary in view of the restatement.
In subsection (d), the words "impose conditions governing" are substituted for "subject to such terms and conditions and with such amendments as it shall determine" for clarity. The words "just and reasonable" are omitted as unnecessary in view of the criteria for approval under the revised section and in view of
Section Referred to in Other Sections
This section is referred to in
§11363. Assent of holders of securities and certain other instruments
(a)(1) After making the findings required under
(A) 75 percent of the shares in that class are held by less than 25 security holders; or
(B) that class is entitled to vote for the election of directors of the carrier and the Commission determines that the assent of at least 25 percent of the security holders of that class are controlled by the carrier or a person controlling the carrier.
(2) The carrier may withdraw its application after the Commission makes the findings required under
(b)(1) In determining the percentage of outstanding securities when making a finding under
(A) if the security is pledged as security under an instrument under which an evidence of indebtedness was issued and is outstanding, by the holder of a majority of the principal amount of the evidence of indebtedness; or
(B) if the security secures an evidence of indebtedness not issued under an instrument under which an evidence of indebtedness was issued, by the holder of the evidence of indebtedness.
(2) In addition to a submission required under subsection (a) of this section, the Commission shall require the carrier to submit a proposed change to a security referred to in this subsection, with requirements imposed by the Commission, to the holder of the evidence of indebtedness referred to in paragraph (1)(A) and (B) of this subsection as appropriate, for assent or rejection. A carrier is not required to submit the change to the trustee of the instrument referred to in that paragraph.
(c) If the Commission determines that the assent of the holder of a security not entitled to vote for the election of directors of the carrier or an evidence of indebtedness is in the control of the carrier or of a person controlling the carrier, that security or evidence of indebtedness is not considered to be outstanding.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11363(a)(1) | 49:20b(2) (8th sentence). | Feb. 4, 1887, ch. 104, |
| 11363(a)(2) | 49:20b(2) (4th sentence words between 8th comma and period). | |
| 11363(b) | 49:20b(3) (2d and 3d sentences). | |
| 11363(c) | 49:20b(3) (less 1st–3d and last sentences). |
In subsection (a)(1), the words "After making the findings required under
In subsection (a)(2), the words "The carrier may withdraw its application" are substituted for "(unless the applicant, carrier shall withdraw its application)" for clarity. The words "must require the carrier to submit" are substituted for "shall cause the carrier to submit" for clarity. The words "in such manner as it shall direct" are omitted as unnecessary in view of the restatement in section 11364(a) of the revised title.
In subsection (b)(1), the words "In determining . . . when making a finding under
In subsection (b)(2), the words "shall require" are substituted for "shall cause" for clarity. The words "in such manner as it shall direct" are omitted as unnecessary in view of the restatement. The words "as the Commission shall have determined to be just and reasonable" are omitted as unnecessary in view of the restatement. The words "referred to in paragraph (1)(A) and (B) of this subsection as appropriate" are substituted for "issued and outstanding pursuant to such mortgage, indenture, deed of trust, or other instrument, or . . . not so issued" for clarity and to eliminate redundancy. The words "A carrier is not required to submit" are substituted for "need not be submitted" for clarity. The words "but assent in respect of any such security shall be determined as hereinbefore in this section provided" are omitted as surplus.
In subsection (c), the words "For the purposes of this section" are omitted as unnecessary in view of the restatement. The words "Commission determines" are substituted for "in the determination of the Commission" for clarity. The words "the assent of the holder of a security not entitled to vote for the election of directors of the carrier or an evidence of indebtedness is in the control of the carrier or of a person controlling the carrier" are substituted for "a security (other than a security entitled to vote for the election of directors of the carrier) or an evidence of indebtedness . . . the assent of the holder thereof . . . is within the control of the carrier or of any person or persons controlling the carrier" for clarity.
§11364. Procedure
(a) The Commission may prescribe the manner in which assents, assurances of assent, or rejections of the security holders may be solicited whether the solicitation is made before or after the Commission approves and authorizes the proposed change.
(b) The Commission may approve a bank or trust company, incorporated under the law of the United States or a State, that is a member of the Federal Reserve System and has a capital and surplus of at least $2,000,000, to receive assents and revocations of assents from security holders. The Commission may require the security holders to send those assents and revocations to that bank or trust company. That bank or trust company shall certify the result of the submission to the Commission. The Commission may rely on that certification as conclusive evidence in determining the result of that submission.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11364 | 49:20b(2) (5th–7th sentences). | Feb. 4, 1887, ch. 104, |
The words "may prescribe" are substituted for "shall have the power to make such general rules and regulations and such special requirements in any particular case" for clarity in view of section 10321(a) of the revised title giving the Commission the power to prescribe regulations to carry out the revised subtitle. The words between the semicolon and period in 49:20b(2) (5th sentence) are omitted as surplus. The words "The Commission may rely" are substituted for "the Commission may, in its discretion, rely" for clarity.
§11365. Effect of change on other persons
(a) When a change becomes effective under this subchapter, the change is binding on, and changes the rights of—
(1) each holder of a security of the carrier of each class affected by the change; and
(2) a trustee or other party to an instrument under which a class of securities has been issued or by which it is secured.
(b) An authorization and approval of a change under this subchapter is authority for, and approval of, a corresponding change of the obligation of another carrier that assumed liability related to that class of securities if that carrier consents to the change in writing. When consent is given, the corresponding change becomes effective when the change of the class of securities or instrument becomes binding. A person who is liable or obligated on a class of securities issued by a carrier is a carrier with respect to that class for the purposes of this subchapter.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11365(a) | 49:20b(2) (less 1st–9th sentences). | Feb. 4, 1887, ch. 104, |
| 11365(b) | 49:20b(4). |
In subsection (a), the word "securities" is substituted for "obligations" for consistency in view of the definition of "security" in section 11301(a)(2) of the revised title. The word "binding" is retained for clarity in view of the context. The words "changes the rights of" are substituted for "shall be correspondingly altered or modified" for clarity.
In subsection (b), the words "under this subchapter" are substituted for "hereunder" for clarity. The words "is authority for, and approval of", are substituted for "shall be deemed to constitute authorization and approval of" for clarity. The words "liability related to that class of securities" are substituted for "liability in respect of such class of securities as guarantor, endorser, surety, or otherwise" for clarity and as being more inclusive. The word "if" is substituted for "Provided, That" for clarity. The words "consents to the change in writing" are substituted for "consents in writing to such alteration or modification of such class of securities" for clarity. The words "in respect of which it has assumed liability or of the instrument pursuant to which such class of securities has been issued or by which it is secured" are omitted as surplus. The words "When consent is given" are substituted for "and, such consent having been given" for clarity. The words "without other action" are omitted as surplus. The words "becomes binding" are substituted for "shall become and be binding" for clarity. The words "contingently or otherwise" are omitted as surplus. The words "is a carrier" are substituted for "shall . . . be deemed a carrier" for clarity.
§11366. Reports
A carrier receiving approval and authorization to make a change under this subchapter shall report the action taken by it in making that change to the Interstate Commerce Commission. The Commission may require periodic or special reports.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11366 | 49:20b(6). | Feb. 4, 1887, ch. 104, |
The words "carrier . . . shall report . . . to" are added for clarity. The words "The Commission shall require" are omitted in view of the restatement of 49:20b(6). The words "The Commission may require periodic or special" are added for clarity to reflect the discretionary power of the Commission. The word "hereafter" is omitted as surplus. The word "receiving" is substituted for "which shall . . . secure" for clarity. The words "which shall show" are omitted as unnecessary in view of the restatement.
§11367. Application of other laws
(a) Section 14(a) of the Securities Exchange Act of 1934 (
(b) If the Interstate Commerce Commission finds an issuance of a security, that is an interest in a railroad equipment trust as defined in section 3(a)(6) of the Securities Act of 1933 (
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11367(a) | 49:20b(9). | Feb. 4, 1887, ch. 104, |
| 11367(b) | 49:20b(11). |
In subsection (a), the word "change" is substituted for "alteration or modification" for consistency.
In subsection (b), the words "the Interstate Commerce Commission finds . . . complies" are substituted for "which shall be found by the Commission to comply" for clarity. The words "that is an interest in a railroad equipment trust as defined in
References in Text
That Act, referred to in subsec. (b), is act May 27, 1933, ch. 38, title I,
Amendments
1984—Subsec. (a).
Subsec. (b).
CHAPTER 115 —FEDERAL-STATE RELATIONS
Amendments
1980—
§11501. Interstate Commerce Commission authority over intrastate transportation
(a) The Interstate Commerce Commission shall prescribe the rate, classification, rule, or practice for transportation or service provided by a household goods freight forwarder subject to the jurisdiction of the Commission under subchapter IV of
(1) between persons or localities in intrastate commerce and in interstate and foreign commerce, unreasonable discrimination against those persons or localities in interstate or foreign commerce; or
(2) unreasonable discrimination against or imposes an unreasonable burden on interstate or foreign commerce.
(b)(1) A State authority may only exercise jurisdiction over intrastate transportation provided by a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of
(2) Within 120 days after the effective date of the Staggers Rail Act of 1980, each State authority exercising jurisdiction over intrastate rates, classifications, rules, and practices for intrastate transportation described in paragraph (1) of this subsection shall submit to the Commission the standards and procedures (including timing requirements) used by such State authority in exercising such jurisdiction.
(3)(A) Within 90 days after receipt of the intrastate regulatory rate standards and procedures of a State authority under paragraph (2) of this subsection, the Commission shall certify such State authority for purposes of this subsection if the Commission determines that such standards and procedures are in accordance with the standards and procedures applicable to regulation of rail carriers by the Commission under this subtitle. If the Commission determines that such standards and procedures are not in such accordance, it shall deny certification to such State authority, and such State authority may resubmit new standards and procedures to the Commission for review in accordance with this subsection.
(B) The standards and procedures existing in each State on the effective date of the Staggers Rail Act of 1980 for the exercise of jurisdiction over intrastate rail rates, classifications, rules, and practices shall be deemed to be certified by the Commission from that date until the date an initial determination is made by the Commission under subparagraph (A) of this paragraph.
(4)(A) Any State authority which is certified by the Commission under this subsection may use its standards and procedures in exercising jurisdiction over intrastate rail rates, classifications, rules, and practices during the 5-year period commencing on the date of such certification. Any State authority which is denied certification or which does not seek certification may not exercise any jurisdiction over intrastate rates, classifications, rules, and practices until it receives certification under this subsection.
(B) Any intrastate transportation provided by a rail carrier in a State which may not exercise jurisdiction over an intrastate rate, classification, rule, or practice of that carrier due to a denial of certification under this subsection shall be deemed to be transportation subject to the jurisdiction of the Commission under subchapter I of
(5)(A) Certification of a State authority under this subsection is valid for the 5-year period beginning on the date of such certification. Prior to the expiration of such 5-year period, the State authority shall resubmit its intrastate regulatory standards procedures to the Commission for subsequent certification in accordance with this subsection.
(B) During any 5-year certification period, a State may not change its certified standards and procedures without notifying and receiving express approval from the Commission.
(6) Notwithstanding any other provision of this subtitle, a State authority may not exercise any jurisdiction over general rate increases under
(c) Any rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of
(d)(1) The Commission has exclusive authority to prescribe an intrastate rate for transportation provided by a rail carrier subject to the jurisdiction of the Commission under subchapter I of
(A) a rail carrier files with an appropriate State authority a change in an intrastate rate, or a change in a classification, rule, or practice that has the effect of changing an intrastate rate, that adjusts the rate to the rate charged on similar traffic moving in interstate or foreign commerce; and
(B) the State authority does not act finally on the change by the 120th day after it was filed.
(2) When a rail carrier files an application with the Commission under this subsection, the Commission shall prescribe the intrastate rate under the standards of subsection (a) of this section and
(e) No State or political subdivision thereof and no interstate agency or other political agency of two or more States shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law relating to scheduling of interstate or intrastate transportation provided by motor common carrier of passengers subject to the jurisdiction of the Commission under subchapter II of
(f) The Commission may take action (1) under this section only after a full hearing, or (2) with respect to a rate, rule, or practice of a motor common carrier of passengers, in accordance with the procedures established by the Commission under subsection (e)(3)(B) 1 of this section. Action of the Commission under this section supersedes State law or action taken under State law in conflict with the action of the Commission.
(g)
(1)
(2)
(h)
(1)
(2)
(A) shall not restrict the safety regulatory authority of a State with respect to motor vehicles, the authority of a State to impose highway route controls or limitations based on the size or weight of the motor vehicle or the hazardous nature of the cargo, or the authority of a State to regulate motor carriers with regard to minimum amounts of financial responsibility relating to insurance requirements and self-insurance authorization; and
(B) does not apply to the transportation of household goods.
(3)
(A)
(i) uniform cargo liability rules,
(ii) uniform bills of lading or receipts for property being transported,
(iii) uniform cargo credit rules, or
(iv) antitrust immunity for joint line rates or routes, classifications and mileage guides,
if such law, regulation, or provision meets the requirements of subparagraph (B).
(B)
(i) the law, regulation, or provision covers the same subject matter as, and compliance with such law, regulation, or provision is no more burdensome than compliance with, a provision of this subtitle or a regulation issued by the Interstate Commerce Commission or the Secretary of Transportation under this subtitle; and
(ii) the law, regulation, or provision only applies to a carrier upon request of such carrier.
(C)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11501(a) | 49:13(4) (less 1st–10th words in 1st sentence and less last sentence). | Feb. 4, 1887, ch. 104, |
| 49:1006(f) (4th sentence less 1st–10th words). | Feb. 4, 1887, ch. 104, |
|
| 11501(b) | 49:13(5) (1st, 2d, and 3d sentences). | Feb. 4, 1887, ch. 104, |
| 11501(c) | 49:13(4) (1st–10th words in 1st sentence and last sentence). 49:13(5) (less 1st, 2d, and 3d sentences). 49:1006(f) (1st–10th words in 4th sentence and last sentence). |
The section consolidates and restates the source provisions for clarity. The word "rate" is substituted for "rate, fare, or charge" in view of the definition of "rate" in
In subsection (a)(1), the word "rule" is substituted for "regulation" for consistency when referring to carriers. The word "unreasonable" is substituted for "undue, unreasonable, or unjust" for consistency. The words "discrimination against" are substituted for "advantage, preference, or prejudice" for consistency. See the revision note to section 10101 of the revised title. The words "which is hereby forbidden and declared to be unlawful" are omitted as surplus. The words "in such manner as, in its judgment, will remove such" are omitted as surplus. The words "on the one hand" and "on the other hand" are omitted as surplus. The words "maximum or minimum, or maximum and minimum" are omitted as surplus.
In subsection (a)(2), the words "or their results" are substituted for "results thereof" for clarity. The word "operating" is inserted for clarity. The words "entirely in" are substituted for "wholly within" for clarity.
In subsection (b)(1), the word "prescribe" is substituted for "determine and prescribe" to eliminate redundancy. The words "State authority" are substituted for "administrative or regulatory body of a State" for consistency. The word "has" is substituted for "shall have" for clarity. The word "when" is substituted for "if" for clarity. The words "rail carrier" are substituted for "carrier by railroad" for clarity and consistency. The words "that adjusts" are substituted for "for the purpose of adjusting" for clarity. The word "by" is substituted for "within" for clarity. The words "does not act" are substituted for "has not . . . acted" for clarity.
In subsection (b)(2), the words "determine and" are omitted to eliminate redundancy. The word "intrastate" is added for clarity. The words "under . . . of subsection (a) of this section" are substituted for "according to . . . set forth in paragraph (4) of this section" to conform to the revised title. The words "thereafter to be charged" are omitted as unnecessary.
In subsection (c), the last sentence is substituted for 49:13(4) (last sentence), (5) (4th sentence), and 1006(f) (last sentence) for clarity.
References in Text
The effective date of the Staggers Rail Act of 1980, referred to in subsec. (b)(2) and (3)(B), probably means Oct. 1, 1980, the general effective date of
Subsection (e)(3)(B) of this section, referred to in subsec. (f), was repealed by
The Surface Freight Forwarder Deregulation Act of 1986, referred to in subsec. (g)(2), is
Amendments
1994—Subsec. (b)(3)(A).
Subsec. (e).
Subsec. (h).
1986—Subsec. (a).
Subsec. (g).
1982—Subsecs. (e), (f).
1980—Subsec. (a).
Subsecs. (b), (c).
Subsec. (d).
Subsec. (e).
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Preemption of Intrastate Transportation of Property
Section 601(a) of
"(1) the regulation of intrastate transportation of property by the States has—
"(A) imposed an unreasonable burden on interstate commerce;
"(B) impeded the free flow of trade, traffic, and transportation of interstate commerce; and
"(C) placed an unreasonable cost on the American consumers; and
"(2) certain aspects of the State regulatory process should be preempted."
Cooperation With States; Revision of Standards and Procedures by States; Commission Report
Section 17(c)–(e) of
"(c) The Interstate Commerce Commission, in consultation with each national association representing State departments, agencies, and instrumentalities having jurisdiction over motor common carrier transportation of passengers, shall cooperate with each such department, agency, or instrumentality of a State for the purpose of establishing standards and procedures (including timing requirements) for rates, rules, and practices applicable to intrastate transportation provided by motor common carriers of passengers who provide transportation subject to the jurisdiction of the Commission under subchapter II of
"(1) to the extent feasible, uniform among the States; and
"(2) consistent with the standards and procedures established by the Interstate Commerce Commission under such subtitle for regulation of interstate transportation provided by motor common carriers of passengers.
"(d) It is the sense of Congress that each State should revise its standards and procedures (including timing requirements) for rates, rules, and practices applicable to intrastate transportation provided by motor common carriers of passengers to conform such standards and procedures to the standards and procedures for rates, rules, and practices applicable to interstate transportation provided by motor carriers of passengers not later than 2 years after the effective date of this section [the 60th day after Sept. 20, 1982].
"(e) Not later than 30 months after the effective date of this section [the 60th day after Sept. 20, 1982], the Interstate Commerce Commission shall report to the Congress on the results of its efforts to establish uniform standards and procedures applicable to motor common carrier of passengers rates, rules, and practices."
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§11502. Conferences and joint hearings with State authorities
(a)(1) In carrying out this subtitle as it applies to a class of persons providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under subchapter I, III, or IV of
(A) confer and hold joint hearings with the State authorities having regulatory jurisdiction of that class when the conference or hearing is related to an investigation of the relationship between rate structures and practices of carriers providing transportation or service subject to the jurisdiction of the State authorities and of the Commission, and the Commission may take action as a result of the investigation that may affect the rate-making authority of a State; and
(B) cooperate with and use the services, records, and facilities of the State authorities.
(2) In carrying out this subtitle as it applies to motor carriers and brokers providing transportation subject to the jurisdiction of the Commission under subchapter II of
(A) confer and hold joint hearings with State authorities;
(B) cooperate with and use the services, records, and facilities of State authorities; and
(C) make cooperative agreements with a State to enforce the economic laws and regulations of a State and the United States concerning highway transportation.
(b) When an investigation under this subtitle involving a common carrier providing transportation or service subject to the jurisdiction of the Commission under subchapter I or IV of
(c) When a representative of a State authority sits with the Commission in an investigation about a carrier subject to the jurisdiction of the Commission under subchapter I or III of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11502(a)(1) | 49:13(3) (less 1st sentence). | Feb. 4, 1887, ch. 104, |
| 49:1006(f) (2d and 3d sentences). | Feb. 4, 1887, ch. 104, |
|
| 11502(a)(2) | 49:305(f) (less 4th sentence). | Feb. 4, 1887, ch. 104, |
| 11502(b) | 49:13(3) (1st sentence). 49:1006(f) (less 2d–last sentences). |
|
| 11502(c) | 49:13(2) (last sentence). |
In subsection (a), the words "In carrying out this subtitle" are substituted for "in the enforcement of any provision of this chapter or
In subsection (b), the words "When an investigation under this subtitle" are substituted for "Whenever in any investigation under the provisions of this chapter, or in any investigation instituted upon petition of" for clarity. The words "providing transportation or service subject to the jurisdiction of the Commission under subchapter I or IV of
In subsection (c), the words "subchapter . . . III of
§11503. Tax discrimination against rail transportation property
(a) In this section—
(1) "assessment" means valuation for a property tax levied by a taxing district.
(2) "assessment jurisdiction" means a geographical area in a State used in determining the assessed value of property for ad valorem taxation.
(3) "rail transportation property" means property, as defined by the Interstate Commerce Commission, owned or used by a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of
(4) "commercial and industrial property" means property, other than transportation property and land used primarily for agricultural purposes or timber growing, devoted to a commercial or industrial use and subject to a property tax levy.
(b) The following acts unreasonably burden and discriminate against interstate commerce, and a State, subdivision of a State, or authority acting for a State or subdivision of a State may not do any of them:
(1) assess rail transportation property at a value that has a higher ratio to the true market value of the rail transportation property than the ratio that the assessed value of other commercial and industrial property in the same assessment jurisdiction has to the true market value of the other commercial and industrial property.
(2) levy or collect a tax on an assessment that may not be made under clause (1) of this subsection.
(3) levy or collect an ad valorem property tax on rail transportation property at a tax rate that exceeds the tax rate applicable to commercial and industrial property in the same assessment jurisdiction.
(4) impose another tax that discriminates against a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of
(c) Notwithstanding
(1) an assessment of the rail transportation property at a value that has a higher ratio to the true market value of the rail transportation property than the assessed value of all other property subject to a property tax levy in the assessment jurisdiction has to the true market value of all other commercial and industrial property; and
(2) the collection of an ad valorem property tax on the rail transportation property at a tax rate that exceeds the tax ratio rate applicable to taxable property in the taxing district.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11503 | 49:26c. | Feb. 4, 1887, ch. 104, |
In subsection (a), the words "for purposes of" in 49:26c(3) are omitted as surplus. The words "such as a State or a county, city, township, or special purpose district . . . which is a unit" are omitted as unnecessary in view of the restatement. The words "all other commercial and industrial property" are omitted as unnecessary in view of the restatement. The words "real or personal" are omitted as surplus. The words "providing transportation subject to the jurisdiction of the Commission under subchapter I of
In subsection (b), the words "Notwithstanding the provisions of section 202(b)" are omitted as unnecessary because of the restatement of the source provisions of section 10521(b)(4) of the revised title. The word "unreasonably" is substituted for "unreasonable and unjust" for consistency. See the revision note to section 10101 of the revised title. The words "is declared" are omitted as surplus. The words "may not do any of them" are substituted for "any action described in this subsection" and "It is unlawful for . . . to commit any of the following prohibited acts" for clarity. The word "political" is omitted as surplus. The words "for a State" are substituted for "on behalf of such State" for clarity. The words "for purposes of" in 49:26c(1) are omitted as surplus. The words "has a higher" are substituted for "bears a higher" for clarity. The words "that exceeds" are substituted for "higher than" for clarity. The words "that discriminates against" are substituted for "which results in discriminatory treatment" for clarity. The words "providing transportation subject to the jurisdiction of the Commission under subchapter I of
In subsection (c), the words "or of the constitution or laws of any State" are omitted as unnecessary in view of article VI of the Constitution. The words "has jurisdiction" are substituted for "shall have jurisdiction" for clarity. The words "such mandatory or prohibitive" and "interim equitable relief" are omitted as unnecessary in view of the restatement. The word "prevent" is substituted for "prevent, restrain, or terminate" to eliminate redundancy. The words "violation of" are substituted for "any acts in violation of" for clarity. The words "concurrent with" are substituted for "shall not be exclusive of" for clarity and to restate the rule in the positive. The words "United States" are substituted for "Federal" for consistency. The words "may have in the absence of this subsection" are omitted as unnecessary in view of the restatement. The words "Relief may be granted . . . only if" are substituted for "no relief may be granted . . . unless" for clarity and to restate the rule in the positive. The words "is governed by" are substituted for "shall be that declared by" for clarity. The word "if" is substituted for "in the event" for clarity. The words "cannot be determined" are substituted for "cannot be established" for clarity. The words "hearing the complaint that transportation property has been or is being assessed or taxed in contravention of the provisions of this section" are omitted as unnecessary in view of the restatement. The words "court shall find, as a violation of this section" are substituted for "court shall hold unlawful" for clarity. Paragraph (2)(b) of 49:26c is omitted as a temporary provision and included as a conforming provision in section 2(b) of the bill.
Effective Date
Section 2(b) of
§11503a. Tax discrimination against motor carrier transportation property
(a) In this section—
(1) "assessment" means valuation for a property tax levied by a taxing district;
(2) "assessment jurisdiction" means a geographical area in a State used in determining the assessed value of property for ad valorem taxation;
(3) "motor carrier transportation property" means property, as defined by the Interstate Commerce Commission, owned or used by a motor carrier providing transportation in interstate commerce whether or not such transportation is subject to the jurisdiction of the Commission under subchapter II of
(4) "commercial and industrial property" means property, other than transportation property and land used primarily for agricultural purposes or timber growing, devoted to a commercial or industrial use and subject to a property tax levy.
(b) The following acts unreasonably burden and discriminate against interstate commerce and a State, subdivision of a State, or authority acting for a State or subdivision of a State may not do any of them:
(1) assess motor carrier transportation property at a value that has a higher ratio to the true market value of the motor carrier transportation property than the ratio that the assessed value of other commercial and industrial property in the same assessment jurisdiction has to the true market value of the other commercial and industrial property;
(2) levy or collect a tax on an assessment that may not be made under paragraph (1) of this subsection;
(3) levy or collect an ad valorem property tax on motor carrier transportation property at a tax rate that exceeds the tax rate applicable to commercial and industrial property in the same assessment jurisdiction.
(c) Notwithstanding
(1) an assessment of the motor carrier transportation property at a value that has a higher ratio to the true market value of the motor carrier transportation property than the assessment value of all other property subject to a property tax levy in the assessment jurisdiction has to the true market value of all such other property; and
(2) the collection of ad valorem property tax on the motor carrier transportation property at a tax rate that exceeds the tax ratio rate applicable to taxable property in the taxing district.
(Added
Amendments
1982—Subsec. (a)(3).
Subsec. (c)(1).
Effective Date of 1982 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§11504. Withholding State and local income tax by certain carriers
(a) No part of the compensation paid by a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of
(b)(1) No part of the compensation paid by a motor carrier providing transportation subject to the jurisdiction of the Commission under subchapter II of
(2) In this subsection "employee" has the meaning given such term in
(c)(1) In this subsection, an employee is deemed to have earned more than 50 percent of pay in a State or subdivision of that State in which the time worked by the employee in the State or subdivision is more than 50 percent of the total time worked by the employee while employed during the calendar year.
(2) A water carrier providing transportation subject to the jurisdiction of the Commission under subchapter III of
(A) the State and subdivision of residence of the employee (as shown on the employment records of the carrier); and
(B) the State and subdivision in which the employee earned more than 50 percent of the pay received by the employee from the carrier during the preceding calendar year.
(3) This subsection applies to pay of a master, officer, or sailor who is a member of the crew on a vessel engaged in foreign, coastwise, intercoastal or noncontiguous trade or in the fisheries of the United States.
(d) A rail, motor, and motor private carrier withholding pay from an employee under subsection (a) or (b) of this section shall file income tax information returns and other reports only with the State and subdivision of residence of the employee.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11504(a) | 49:26a (less (a) words after semicolon). | Feb. 4, 1887, ch. 104, |
| 11504(b) | 49:325a (less (a) words after semicolon). | |
| 11504(c) | 49:922b. | |
| 11504(d) | 49:26a ((a) words after semicolon). | |
| 49:325a ((a) words after semicolon). |
The section restates and consolidates the source provisions in one section for clarity. The word "pay" is substituted for "compensation" for consistency in view of
Amendments
1994—Subsec. (b)(2).
1990—Subsec. (a).
"(1) In this subsection, an employee is deemed to have earned more than 50 percent of pay in a State or subdivision of a State if the employee—
"(A) performs regularly assigned duties on a locomotive, car, or other track-borne vehicle in at least 2 States and the mileage traveled in one State or subdivision of that State is more than 50 percent of the total mileage traveled by the employee while employed during the calendar year; or
"(B) is engaged principally in maintaining roadways, signals, communications, and structures or in operating motortrucks from railroad terminals in at least 2 States and the percent of the time worked by the employee in one State or subdivision of that State is more than 50 percent of the total time worked by the employee while employed during the calendar year.
"(2) A rail, express, or sleeping car carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
"(A) in which the employee earns more than 50 percent of the pay received by the employee from the carrier; or
"(B) that is the residence of the employee (as shown on the employment records of the carrier), if the employee did not earn in one State or subdivision more than 50 percent of the pay received by the employee from the carrier during the preceding calendar year."
Subsec. (b).
"(1) In this subsection—
"(A) 'State' includes a State, territory, or possession of the United States, and the Commonwealth of Puerto Rico.
"(B) an employee is deemed to have earned more than 50 percent of pay in a State or subdivision of a State in which the mileage traveled by the employee in that State or subdivision is more than 50 percent of the total mileage traveled by the employee while employed during the calendar year.
"(2) A motor carrier providing transportation subject to the jurisdiction of the Commission under subchapter II of
"(A) in which the employee earns more than 50 percent of the pay received by the employee from the carrier; or
"(B) that is the residence of the employee (as shown on the employment records of the carrier), if the employee did not earn in one State or subdivision more than 50 percent of the pay received by the employee from the carrier during the preceding calendar year."
Subsec. (d).
"(1) the State and subdivision of residence of the employee; and
"(2) the State and subdivision in which withholding of pay is required under subsection (a) or (b) of this section."
1982—Subsec. (c)(3).
Effective Date of 1982 Amendment
Amendment by
Applicability of 1990 Amendment
Section Referred to in Other Sections
This section is referred to in
§11505. State action to enjoin rail carriers from certain actions
(a) The attorney general of a State or transportation regulatory authority of a State or area affected by a violation of
(b) A transportation regulatory authority of a State affected by an abandonment of service by a household goods freight forwarder in violation of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11505(a) | 49:1(18)(e) (related to State enforcement). | Feb. 4, 1887, ch. 104, |
| 49:1a(9) (related to State enforcement). | ||
| 11505(b) | 49:1010(i) (related to State enforcement). | Feb. 4, 1887, ch. 104, |
In subsection (a), the words "of a State" are inserted for clarity. The words "may bring" are substituted for "commenced and maintained" for clarity. The words "
In subsection (b), the words "transportation regulatory authority" are substituted for "commission or regulating body" for clarity and consistency. The words "of service by a freight forwarder in violation of
Amendments
1986—Subsec. (b).
Effective Date of 1986 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§11506. Registration of motor carriers by a State
(a)
(b)
(c)
(1)
(A) a motor carrier is required to register annually with only one State;
(B) the State of registration shall fully comply with standards prescribed under this section; and
(C) such single State registration shall be deemed to satisfy the registration requirements of all other States.
(2)
(A)
(i) to file and maintain evidence of such certificate or permit;
(ii) to file satisfactory proof of required insurance or qualification as a self-insurer;
(iii) to pay directly to such State fee amounts in accordance with the fee system established under subparagraph (B)(iv) of this paragraph, subject to allocation of fee revenues among all States in which the carrier operates and which participate in the single State registration system; and
(iv) to file the name of a local agent for service of process.
(B)
(i) shall require that the registration State issue a receipt, in a form prescribed under the amended standards, reflecting that the carrier has filed proof of insurance as provided under subparagraph (A)(ii) of this paragraph and has paid fee amounts in accordance with the fee system established under clause (iv) of this subparagraph;
(ii) shall require that copies of the receipt issued under clause (i) of this subparagraph be kept in each of the carrier's commercial motor vehicles;
(iii) shall not require decals, stamps, cab cards, or any other means of registering or identifying specific vehicles operated by the carrier;
(iv) shall establish a fee system for the filing of proof of insurance as provided under subparagraph (A)(ii) of this paragraph that (I) will be based on the number of commercial motor vehicles the carrier operates in a State and on the number of States in which the carrier operates, (II) will minimize the costs of complying with the registration system, and (III) will result in a fee for each participating State that is equal to the fee, not to exceed $10 per vehicle, that such State collected or charged as of November 15, 1991; and
(v) shall not authorize the charging or collection of any fee for filing and maintaining a certificate or permit under subparagraph (A)(i) of this paragraph.
(C)
(D)
(3)
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11506 | 49:302(b) (less (1)). | Feb. 4, 1887, ch. 104, |
In subsection (a), the words "to prove" are substituted for "to evidence" for clarity. The words "transportation referred to in section 10521(a)(1) and (2) of this title" are substituted for "interstate operations of a carrier" in view of the restatement of the jurisdictional requirements in section 10521(a) of the revised title. The words "current records of" are omitted as surplus. The words "to the motor carrier" are inserted for clarity. The word "registering" is substituted for "registering and identifying" to eliminate redundancy. The words "proof of" are substituted for "evidence of" for clarity. The word "required" is substituted for "currently effective" for clarity. The words "under rules and regulations of the Commission" are omitted as unnecessary in view of section 10321(a) of the revised title giving the Commission general authority to carry out the subtitle and prescribe regulations. The word "name" is substituted for "resignations" for clarity.
In subsection (b), the words "providing transportation subject to the jurisdiction of the Commission under subchapter II of
In subsection (c)(1), the words "The Commission shall maintain" are substituted for "As so certified, such standards, or amendments thereto, shall be promulgated forthwith by the Commission" for clarity and in view of the execution of the provision. The words "prepared and certified" are substituted for "determined and officially certified" for clarity. The words "referred to in
In subsection (c)(2), the words "prepared . . . and prescribed" are substituted for "which are determined . . . and promulgated" for clarity. The words "on such initial effective date" and "prior to the initial effective date of such standards" are omitted as executed. The words "when the amendment is prescribed" are substituted for "at the time of promulgation" for clarity. The words "at another time" are substituted for "at such other time" for clarity. The words "subsequent to promulgation by the Commission" and "after such standards become effective initially" are omitted as unnecessary in view of the restatement.
In subsection (d), the words "when preparing" are substituted for "In determining" for clarity. The word "prescribed" is substituted for "determined and promulgated" for clarity.
In subsection (e), the words "This section does not" are substituted for "Nothing in this paragraph shall be construed" for clarity. The word "regulations" is substituted for "rule or regulation," when referring to the Commission, for consistency. The words "affect the authority of the Commission" are substituted for "deprive the Commission . . . of its jurisdiction" for clarity. The words "when there is a reasonable question of interpretation or construction" are omitted as unnecessary in view of the restatement. The word "interpret" is substituted for "interpret or construe" to eliminate redundancy. The words "certificates and permits issued under
References in Text
The date of the enactment of the Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsec. (c)(1), is the date of enactment of
Amendments
1991—
Participation in International Registration Plan and International Fuel Tax Agreement
Section 4008 of
§11507. Prison-made property governed by State law
Goods, wares, and merchandise produced or mined in a penal institution or by a prisoner not on parole, supervised release, or probation and transported into and used, sold, or stored in a State or territory or possession of the United States, is subject to the laws of that State, territory, or possession. This section does not apply to commodities produced in a penal institution of the United States Government for its use.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11507 | 49:60. | Jan. 19, 1929, ch. 79, §§1, 2, |
The words "or in part" are omitted as surplus. The words "Five years after January 19, 1929" are omitted as executed. The words "produced or mined" are substituted for "manufactured, produced, or mined" to eliminate redundancy. The word "prisoner" is substituted for "convicts or prisoners" to eliminate redundancy. The words "not on parole or probation" are substituted for "except . . . on parole or probation" for clarity. The words "penal institution" are substituted for "penal and/or reformatory institutions" and "penal and correctional institutions" to eliminate redundancy. The words "to the operation and effect of" are omitted as surplus. The word "used" is substituted for "use, consumption" to eliminate redundancy. The words "transported into" are substituted for "transported . . . and . . . shall upon arrival and delivery" for clarity and consistency in view of the definition of "transportation" in section 10102 of the revised title. The words "This section does not apply to commodities produced" are substituted for "except commodities manufactured in" for clarity. The words "United States Government" are substituted for "Federal" and "Federal Government" for clarity. The words "to the same extent and in the same manner as though such goods, wares, and merchandise had been manufactured, produced, or mined in such State or Territory, and shall not be exempt therefrom by reason of being introduced in the original package or otherwise" are omitted as unnecessary in view of the restatement.
Amendments
1984—
Effective Date of 1984 Amendment
Amendment by
CHAPTER 117 —ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES
Amendments
1993—
1986—
1980—
§11701. General authority
(a) The Interstate Commerce Commission may begin an investigation under this subtitle on its own initiative or on complaint. If the Commission finds that a carrier, broker or freight forwarder is violating this subtitle, the Commission shall take appropriate action to compel compliance with this subtitle. If the Commission finds that a foreign motor carrier or foreign motor private carrier is violating
(b) A person, including a governmental authority, may file with the Commission a complaint about a violation of this subtitle by a carrier providing, or broker for, transportation or service subject to the jurisdiction of the Commission under this subtitle or a foreign motor carrier or foreign motor private carrier providing transportation under a certificate of registration issued under
(c) A formal investigative proceeding begun by the Commission under subsection (a) of this section is dismissed automatically unless it is concluded by the Commission with administrative finality by the end of the 3d year after the date on which it was begun.
(
The section consolidates and restates the source provisions for clarity.
Subsection (a) is patterned after 49:1003(f) (1st sentence) and 1006(a) (last sentence) for clarity. The words "an investigation under this subtitle" are substituted for "investigate . . . whether any freight forwarder has failed to comply with any provision of this chapter or with any order, rule, regulation, or requirement issued or established pursuant thereto" as being more inclusive and appropriate in view of the power to "compel compliance" in 49:1003(f) and restated in this subsection. The words "after giving the carrier . . . notice of the investigation and an opportunity for a proceeding" are substituted for "after notice and hearing" in 49:1003(f) and "If such freight forwarder shall not satisfy the complaint within a time specified by the Commission" in 49:1006(a) for clarity and to conform to other sections of the revised title. The words "it shall be the duty of the Commission to investigate the matters complained of in such manner and by such means as it shall deem proper" are omitted as unnecessary in view of section 10321(a) of the revised title requiring the Commission to carry out the revised subtitle. The words "or there shall be any reasonable ground for investigating said complaint" are omitted as surplus in view of subsection (b). The text of 49:5(8) (less last sentence), (10) and 1011(d), (f) are omitted as unnecessary in view of the restatement of the general investigatory and enforcement power of the Commission. The 2d sentence of 49:13(1) is omitted as surplus.
In subsection (b), the word "person" is substituted for "person, firm, corporation, company, or association, or any mercantile, agricultural, or manufacturing society or other organization . . . or any common carrier" in view of the definition of "person" in section 10102 of the revised title. The words "governmental authority" are substituted for "State board" and "or any body politic or municipal organization" for consistency and as being more inclusive. The words "file . . . a complaint" are substituted for "may make complaint in writing" for consistency. The words "about a violation of this subtitle" are substituted for "of anything done or omitted to be done . . . in contravention of the provisions thereof" in 49:13(1) for clarity. The words "in violation of this section or of
In subsection (c), the words "which is instituted by the Commission after February 5, 1976" are omitted as executed.
Pub. L. 96–258
The text of 49:5(10), shown as a source credit for
Amendments
1994—Subsec. (a).
1988—Subsec. (a).
Subsec. (b).
1986—Subsec. (a).
Subsec. (b).
1984—Subsec. (a).
Subsec. (b).
1980—Subsec. (c).
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§11702. Enforcement by the Interstate Commerce Commission
(a) The Interstate Commerce Commission may bring a civil action—
(1) to enjoin a rail carrier from violating
(2) to enforce
(3) to enforce an order of the Commission, except a civil action to enforce an order for the payment of money, when it is violated by a carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of
(4) to enforce this subtitle (except a civil action under a provision of this subtitle governing the reasonableness and discriminatory character of rates), or a regulation or order of the Commission or a certificate or permit issued under this subtitle when violated by a motor carrier or broker providing transportation subject to the jurisdiction of the Commission under subchapter II of
(5) to enforce this subtitle (except a civil action under a provision of this subtitle governing the reasonableness and discriminatory character of rates), or a regulation or order of the Commission or a certificate or permit issued under this subtitle, except a civil action to enforce an order for the payment of money, when violated by a carrier providing transportation subject to the jurisdiction of the Commission under subchapter III of
(6) to enforce this subtitle, or a regulation or order of the Commission or permit issued under this subtitle when violated by a carrier providing service subject to the jurisdiction of the Commission under subchapter IV of
(b) In a civil action under subsection (a)(4) of this section—
(1) trial is in the judicial district in which the motor carrier, foreign motor carrier (as defined under section 10530(a)), foreign motor private carrier (as defined under section 10530(a)), or broker operates;
(2) process may be served without regard to the territorial limits of the district or of the State in which the action is instituted; and
(3) a person participating with a carrier or broker in a violation may be joined in the civil action without regard to the residence of the person.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11702(a)(1) | 49:1(18)(e) (related to Commission action). | Feb. 4, 1887, ch. 104, |
| 49:1a(9) (related to Commission action). | Feb. 4, 1887, ch. 104, |
|
| 49:1010(i) (related to Commission action). | Feb. 4, 1887, ch. 104, |
|
| 11702(a)(2) | 49:5(9). | Feb. 4, 1887, ch. 104, |
| 49:1011(e). | Feb. 4, 1887, ch. 104, |
|
| 11702(a)(3) | 49:16(12) (related to Commission action). | Feb. 4, 1887, ch. 104, |
| 11702(a)(4) | 49:322(b)(1) (less last 18 words of 1st sentence, 2d sentence, and last sentence). | Feb. 4, 1887, ch. 104, |
| 11702(a)(5) | 49:916(b) (related to Commission action). | Feb. 4, 1887, ch. 104, |
| 11702(a)(6) | 49:1017(b)(1) (related to Commission action). | Feb. 4, 1887, ch. 104, |
| 11702(b) | 49:322(b)(1) (1st sentence last 18 words, 2d sentence, last sentence). |
In the section, the words "The district courts of the United States shall have jurisdiction" in 49:5(9) and similar words in the source provisions are omitted as unnecessary in view of
In subsection (a), the word "lawful" in 49:322(b)(1) is omitted as surplus. The word "regulation" is substituted for "rule" and "regulation" when referring to the Commission for consistency. The word "order" is substituted for "order" and "requirement" as being more inclusive. The words "term" and "condition" are omitted as surplus.
In subsection (a)(2), the word "enforce" is substituted for "to issue such writs of injunction or other proper process, mandatory or otherwise, as may be necessary to restrain such person" in 49:5(9), "by writ of injunction or by other process, mandatory or otherwise" in 49:322(b)(1), 916(b), and 1017(b)(1), and "to issue such writs of injunction or other proper process, mandatory or otherwise" in 49:1011(e) in view of rule 81(b) of the Federal Rules of Civil Procedure (28 U.S.C. app.).
In subsection (a)(3), the last sentence of 49:16(12) is omitted as surplus in view of the Federal Rules of Civil Procedure (28 U.S.C. app.) and
In subsection (b), the word "trial" is added for clarity.
Amendments
1988—Subsec. (a)(4).
Subsec. (b)(1).
1984—Subsec. (a)(4).
1982—Subsec. (a)(2).
1980—Subsec. (a)(2).
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§11703. Enforcement by the Attorney General
(a) The Attorney General may, and on request of the Interstate Commerce Commission shall, bring court proceedings to enforce this subtitle or a regulation or order of the Commission or certificate or permit issued under this subtitle and to prosecute a person violating this subtitle or a regulation or order of the Commission or certificate or permit issued under this subtitle.
(b) The United States Government may bring a civil action on behalf of a person to compel a common carrier providing transportation or service subject to the jurisdiction of the Commission under
(
In subsection (a), the words "Attorney General" are substituted for "United States attorney" to conform to title 28. See the Act of June 25, 1948, ch. 646, §1,
In subsection (b), the words "The district courts of the United States shall have jurisdiction" are omitted as surplus in view of
Section Referred to in Other Sections
This section is referred to in
§11704. Action by a private person to enjoin abandonment of service
An interested person may bring a civil action to enjoin an abandonment of service in violation of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11704 | 49:1010(i) (related to private enforcement). | Feb. 4, 1887, ch. 104, |
The words "by any court of competent jurisdiction" are omitted as unnecessary in view of
Federal Rules of Civil Procedure
Judgments and costs, see rule 54, Title 28, Appendix, Judiciary and Judicial Procedure.
§11705. Rights and remedies of persons injured by certain carriers
(a) A person injured because a carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under
(b)(1) A common carrier providing transportation or service subject to the jurisdiction of the Commission under
(2) A common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I or III of
(3) A common carrier providing transportation or service subject to the jurisdiction of the Commission under subchapter II or IV of
(c)(1) A person may file a complaint with the Commission under
(2) When the Commission makes an award under subsection (b) of this section, the Commission shall order the carrier to pay the amount awarded by a specific date. The Commission may order a carrier providing transportation subject to the jurisdiction of the Commission under subchapter I or III of
(d)(1) When a person begins a civil action under subsection (b) of this section to enforce an order of the Commission requiring the payment of damages by a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I or III of
(2) All parties in whose favor the award was made may be joined as plaintiffs in a civil action brought in a district court of the United States under this subsection and all the carriers that are parties to the order awarding damages may be joined as defendants. Trial in the action is in the judicial district in which any one of the plaintiffs could bring the action against any one of the defendants. Process may be served on a defendant at its principal operating office when that defendant is not in the district in which the action is brought. A judgment ordering recovery may be made in favor of any of those plaintiffs against the defendant found to be liable to that plaintiff.
(3) The district court shall award a reasonable attorney's fee as a part of the damages for which a carrier is found liable under this subsection. The district court shall tax and collect that fee as a part of the costs of the action.
(
The section restates and consolidates the source provisions for clarity. The text of 49:305(g) (less proviso) is omitted as unnecessary.
In subsection (a), the word "person" is substituted for "party" for clarity. The words "while the same is in effect" in 49:16(12) are omitted as surplus. Changes made to conform to section 11702 of the revised title are explained in the reviser's notes to that section.
Subsection (b)(1) is derived from the source provisions and is stated separately for clarity.
In subsection (b)(2), the words "an act or omission of that carrier in violation of this subtitle" are substituted for "shall do, cause to be done, or permit to be done any act, matter, or thing in this chapter prohibited or declared to be unlawful, or shall omit to do any act, matter, or thing in this chapter required to be done" for clarity. The words "full amount" are omitted as surplus. The words "as a result" are substituted for "in consequence of" for clarity. The words "of any such violation of the provisions of this chapter" are omitted as unnecessary in view of the restatement. The text of 49:908(a) is omitted as unnecessary in view of the restatement.
In subsection (b)(3), the definition of "reparations" is omitted as unnecessary. The word "damages" is substituted for "reparations" for clarity. The words "to be in violation of this subtitle" are substituted for "to have been unjust and unreasonable, or unjustly discriminatory or unduly preferential or unduly prejudicial" for clarity in view of the restatement. See the revision note to section 10101 of the revised title.
In subsection (c)(1), the words "claiming to be damaged" are omitted as surplus. The words "under
In subsection (c)(2), the words "after hearing on complaint" in 49:16(1) are omitted as unnecessary in view of subchapter II of
In subsection (d)(2), the words "Trial in the action is in the judicial district" are added for clarity. The words "Such suit in the district court of the United States shall proceed in all respects like other civil suits for damages" are omitted as surplus. The words "except that on the trial of such suit the findings and order of the Commission shall be prima facie evidence of the facts therein stated" are omitted as unnecessary in view of section 10310(a) of the revised title in which 49:14 is restated.
Amendments
1986—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(3).
Effective Date of 1986 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§11706. Limitation on actions by and against common carriers
(a) A common carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under
(1) must begin such a civil action within 2 years after the claim accrues if the transportation or service is provided by the carrier in the 1-year period beginning on the date of the enactment of the Negotiated Rates Act of 1993; and
(2) must begin such a civil action within 18 months after the claim accrues if the transportation or service is provided by the carrier after the last day of such 1-year period.
(b) A person must begin a civil action to recover overcharges under
(1) within 2 years after the claim accrues if such transportation or service is provided in the 1-year period beginning on the date of the enactment of the Negotiated Rate Act of 1993; and
(2) within 18 months after the claim accrues if such transportation or service is provided after the last day of such 1-year period.
If the claim is against a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I or III of
(c)(1) A person must file a complaint with the Commission to recover damages under
(2) A person must begin a civil action to recover damages under
(d) The limitation periods under subsection (b) of this section are extended for 6 months from the time written notice is given to the claimant by the carrier of disallowance of any part of the claim specified in the notice if a written claim is given to the carrier within those limitation periods. The limitation periods under subsection (b) of this section and the 2-year period under subsection (c)(1) of this section are extended for 90 days from the time the carrier begins a civil action under subsection (a) of this section to recover charges related to the same transportation or service, or collects (without beginning a civil action under that subsection) the charge for that transportation or service if that action is begun or collection is made within the appropriate period.
(e) A person must begin a civil action to enforce an order of the Commission against a carrier for the payment of money within one year after the date the order required the money to be paid.
(f) This section applies to transportation for the United States Government. The time limitations under this section are extended, as related to transportation for or on behalf of the United States Government, for 3 years from the date of (1) payment of the rate for the transportation or service involved, (2) subsequent refund for over-payment of that rate, or (3) deduction made under
(g) A claim related to a shipment of property accrues under this section on delivery or tender of delivery by the carrier.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11706(a) | 49:16(3)(a). | Feb. 4, 1887, ch. 104, |
| 49:304a(1). | Feb. 4, 1887, ch. 104, |
|
| 49:908(f)(1)(A). | Feb. 4, 1887, ch. 104, |
|
| 49:1006a(1). | Feb. 4, 1887, ch. 104, |
|
| 11706(b) | 49:16(3)(c) (words before 3d comma). | |
| 49:304a(2) (related to overcharges). | ||
| 49:908(f)(1)(C) (words before 3d comma). | ||
| 49:1006a(2) (related to overcharges). | ||
| 11706(c)(1) | 49:16(3)(b). 49:908(f)(1)(B). |
|
| 11706(c)(2) | 49:304a(2) (related to damages). 49:1006a(2) (related to damages). |
|
| 11706(d) | 49:16(3)(c) (less words before 3d comma), (d). | |
| 49:304a(2) (words after 7th comma), (3). | ||
| 49:908(f)(1)(C) (less words before 3d comma), (D). | ||
| 49:1006a(2) (words after 7th comma), (3). | ||
| 11706(e) | 49:16(3)(f). | |
| 49:305(g) (less proviso). | Feb. 4, 1887, ch. 104, |
|
| 49:908(f)(3). | ||
| 11706(f) | 49:16(3)(i). 49:304a(8). 49:908(f)(5). 49:1006a(8). |
|
| 11706(g). | 49:16(3)(e). 49:304a(4). 49:908(f)(2). 49:1006a(4). |
In subsection (a), the words "common carrier" are used to refer to water carriers despite the word "carriers" in 49:908(f)(1) in view of the definition of "carrier" in 49:908(a). The words "must begin a civil action" are substituted for "All actions at law . . . shall be begun" for clarity in view of rule 2 of the Federal Rules of Civil Procedure (28 U.S.C. app.). The words "and not after" are omitted as surplus. The words "or any part thereof" are omitted as surplus.
In subsection (b), the words "action at law" and "and not after" are omitted as surplus. The words "subject to subdivision (d)" in 49:16(3)(c) and comparable words in the other source provisions are omitted as unnecessary in view of the restatement.
In subsection (c), the cross references are added for clarity.
In subsection (d), the words "of any part of the claim" are substituted for "of the claim, or any part or parts thereof" as being more precise.
In subsection (e), the words "within one year after the date the order required the money to be paid" are substituted for "within one year after the date the order" for clarity in view of Missouri Pacific Railroad Company v. Austin, 292 F.2d 415, 418, 419 (5th Cir. 1961). The words "and not after" are omitted as surplus.
In subsection (f), the words "The provisions of" are omitted as surplus. The word "all" is omitted as surplus. The word "applies" is substituted for "shall extend to and embrace" as being more appropriate. The words "of property or passengers" are omitted as included in "transportation". The words "in connection with any action brought before any court by or against carriers subject to this chapter" in 49:304a(8) and 1006a(8) are omitted as unnecessary in view of the restatement. The comparable words in 49:16(3)(i) and 908(f)(5) including the words "before the Commission or" are also omitted as unnecessary in view of the restatement. The words "The time limitations under this section are extended" are substituted for "Provided, however, That with respect to such transportation of property or passengers for or on behalf of the United States, the periods of limitation herein provided shall be extended" for clarity in view of the restatement.
In subsection (g), the word "claim" is substituted for "cause of action" in view of rules 8 and 9 of the Federal Rules of Civil Procedure (28 U.S.C. app.). The word "accrues" is substituted for "deems to accrue" as being more precise. The words "and not after" are omitted as surplus.
Pub. L. 103–429
This amends 49:11706(d) to provide a grammatical correction necessary because of the amendment of 49:11706(d) by section 3(c)(1) of the Negotiated Rates Act of 1993 (
References in Text
The date of the enactment of the Negotiated Rates Act of 1993, referred to in subsecs. (a)(1) and (b)(1), is the date of enactment of
Amendments
1994—Subsec. (d).
1993—Subsec. (a).
"(1) must begin such a civil action within 2 years after the claim accrues if the transportation or service is provided by the carrier in the 1-year period beginning on the date of the enactment of the Negotiated Rates Act of 1993; and
"(2) must begin such a civil action within 18 months after the claim accrues if the transportation or service is provided by the carrier after the last day of such 1-year period".
Subsec. (b).
"(1) within 2 years after the claim accrues if such transportation or service is provided in the 1-year period beginning on the date of the enactment of the Negotiated Rate Act of 1993; and
"(2) within 18 months after the claim accrues if such transportation or service is provided after the last day of such 1-year period.
If the claim is against a common carrier".
Subsec. (d).
1986—Subsec. (a).
1982—Subsec. (f).
Effective Date of 1986 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§11707. Liability of common carriers under receipts and bills of lading
(a)(1) A common carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under subchapter I, II, or IV of
(2) A freight forwarder is both the receiving and delivering carrier. When a freight forwarder provides service and uses a motor common carrier providing transportation subject to the jurisdiction of the Commission under subchapter II of
(b) The carrier issuing the receipt or bill of lading under subsection (a) of this section or delivering the property for which the receipt or bill of lading was issued is entitled to recover from the carrier over whose line or route the loss or injury occurred the amount required to be paid to the owners of the property, as evidenced by a receipt, judgment, or transcript, and the amount of its expenses reasonably incurred in defending a civil action brought by that person.
(c)(1) A common carrier and freight forwarder may not limit or be exempt from liability imposed under subsection (a) of this section except as provided in this subsection. A limitation of liability or of the amount of recovery or representation or agreement in a receipt, bill of lading, contract, rule, or tariff filed with the Commission in violation of this section is void.
(2) If loss or injury to property occurs while it is in the custody of a water carrier, the liability of that carrier is determined by its bill of lading and the law applicable to water transportation. The liability of the initial or delivering carrier is the same as the liability of the water carrier.
(3) A common carrier of passengers may limit its liability under its passenger rate for loss or injury of baggage carried on passenger trains, boats, or motor vehicles, or on trains, or boats, or motor vehicles carrying passengers.
(4) A common carrier may limit its liability for loss or injury of property transported under
(d)(1) A civil action under this section may be brought against a delivering carrier (other than a rail carrier) in a district court of the United States or in a State court. Trial, if the action is brought in a district court of the United States is in a judicial district, and if in a State court, is in a State, through which the defendant carrier operates a railroad or route.
(2)(A) A civil action under this section may only be brought—
(i) against the originating rail carrier, in the judicial district in which the point of origin is located;
(ii) against the delivering rail carrier, in the judicial district in which the principal place of business of the person bringing the action is located if the delivering carrier operates a railroad or a route through such judicial district, or in the judicial district in which the point of destination is located; and
(iii) against the carrier alleged to have caused the loss or damage, in the judicial district in which such loss or damage is alleged to have occurred.
(B) A civil action under this section may be brought in a United States district court or in a State court.
(C) In this section, "judicial district" means (i) in the case of a United States district court, a judicial district of the United States, and (ii) in the case of a State court, the applicable geographic area over which such court exercises jurisdiction.
(e) A carrier or freight forwarder may not provide by rule, contract, or otherwise, a period of less than 9 months for filing a claim against it under this section and a period of less than 2 years for bringing a civil action against it under this section. The period for bringing a civil action is computed from the date the carrier or freight forwarder gives a person written notice that the carrier or freight forwarder has disallowed any part of the claim specified in the notice. For the purposes of this subsection—
(1) an offer of compromise shall not constitute a disallowance of any part of the claim unless the carrier or freight forwarder, in writing, informs the claimant that such part of the claim is disallowed and provides reasons for such disallowance; and
(2) communications received from a carrier's or freight forwarder's insurer shall not constitute a disallowance of any part of the claim unless the insurer, in writing, informs the claimant that such part of the claim is disallowed, provides reasons for such disallowance, and informs the claimant that the insurer is acting on behalf of the carrier or freight forwarder.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11707(a)(1) | 49:20(11) (1st sentence (less last 27 words before 1st semicolon and last 69 words before 1st proviso and less 1st and 2d provisos), 2d sentence 4th and last provisos). | Feb. 4, 1887, ch. 104, |
| 49:319. | Feb. 4, 1887, ch. 104, |
|
| 49:1013 (1st sentence 1st cl.). | Feb. 4, 1887, ch. 104, |
|
| 11707(a)(2) | 49:1013 (less 1st sentence 1st cl.). | |
| 11707(b) | 49:20(12). | Feb. 4, 1887, ch. 104, |
| 11707(c)(1) | 49:20(11) (1st sentence last 27 words before 1st semicolon and last 69 words before 1st proviso). | |
| 11707(c)(2) | 49:20(11) (1st sentence 1st proviso). | |
| 11707(c)(3), (4) | 49:20(11) (1st sentence 2d proviso related to liability). 49:319. |
|
| 11707(d) | 49:20(11) (2d sentence 2d proviso). | |
| 11707(e) | 49:20(11) (2d sentence 3d proviso). |
In the section, the text of 49:319 and 1013 (1st sentence 1st clause) is omitted as unnecessary in view of the restatement.
In subsection (a)(1), the words "providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under subchapter I, II, or IV of
In subsection (a)(2), the words "shall be deemed" are omitted as unnecessary.
In subsection (c)(1), the words "or be exempt from" are added for clarity. The word "unlawful" is omitted as surplus.
Subsections (c)(3) and (4) are inserted for clarity and are substituted for "the provisions hereof respecting liability for full actual loss, damage, or injury, notwithstanding any limitation of liability or recovery or representation or agreement or release as to value, and declaring any such limitation to be unlawful and void, shall not apply" for clarity.
In subsection (c)(4), the words "under
In subsection (d) the word "Trial" is added for clarity.
In subsection (e), the words "A carrier may not provide . . . a period of less than" are substituted for "it shall be unlawful for any such receiving or delivering common carrier to provide . . . a shorter period" for clarity. The word "regulation" is omitted as surplus. The words "any part of the claim" are substituted for "the claim or any part or parts thereof" as being more inclusive.
Pub. L. 96–258
This amends section 11707(e) to make a technical change to conform to the source provision.
Amendments
1988—Subsec. (c)(1).
Subsec. (e).
Subsec. (e)(2).
1986—Subsec. (a)(1).
Subsec. (a)(2).
1980—Subsec. (d).
Subsec. (e).
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1980 Amendments
Amendment by
Amendment by
Independent Investigation by Attorney General and Interstate Commerce Commission as to Whether Rail Carriers Should Continue To Be Subject to This Section; Issues; Report to Congress
Section 211(d) of
Section Referred to in Other Sections
This section is referred to in
§11708. Private enforcement: motor carrier and household goods freight forwarder licensing
(a) If a person provides transportation by motor vehicle or service of a household goods freight forwarder in clear violation of
(b) A copy of the complaint in a civil action under subsection (a) of this section shall be served on the Interstate Commerce Commission and a certificate of service must appear in the complaint filed with the court. The Commission may intervene in a civil action under subsection (a) of this section. The Commission may notify the district court in which the action is pending that it intends to consider the matter that is the subject of the complaint in a proceeding before the Commission. When that notice is filed, the court shall stay further action pending disposition of the proceeding before the Commission.
(c) In a civil action under subsection (a) of this section, the court may determine the amount of and award a reasonable attorney's fee to the prevailing party. That fee is in addition to costs allowable under the Federal Rules of Civil Procedure.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11708(a) | 49:322(b)(2) (1st and 2d sentences). | Feb. 4, 1887, ch. 104, |
| 49:1017(b)(2) (1st and 2d sentences). | Feb. 4, 1887, ch. 104, |
|
| 11708(b) | 49:322(b)(2) (less 1st, 2d, and last sentences), (3). | |
| 49:1017(b)(2) (less 1st, 2d, and last sentences), (3). | ||
| 11708(c) | 49:322(b)(2) (last sentence). 49:1017(b)(2) (last sentence). |
In subsection (a), the words "provides transportation . . . service" are substituted for "operates" for consistency. The words "and patent" are omitted to eliminate redundancy and as being obsolete. The words "or any rule, regulation, requirement, or order thereunder" are omitted as being included in the meaning of "section". The words "may bring a civil action" are substituted for "may apply" for clarity in view of rule 2 of the Federal Rules of Civil Procedure (28 U.S.C. app.). The words "to the district court of the United States" are omitted in view of
In subsection (b), the word "complaint" is substituted for "application" in view of rule 3 of the Federal Rules of Civil Procedure (28 U.S.C. app.). The words "In any action brought under paragraph (2) of this subsection" are omitted as unnecessary in view of the restatement.
In subsection (c), the words "the court may" are substituted for "in the discretion of the court" for clarity. The words "and the plaintiff instituting such action shall be required to give security, in such amount as the court deems proper, to protect the interests of the party or parties against whom any temporary restraining order, temporary injunctive, or other process is issued should it later be proven unwarranted by the facts and circumstances" are omitted as unnecessary in view of rule 65(c) of the Federal Rules of Civil Procedure (28 U.S.C. app.).
References in Text
The Federal Rules of Civil Procedure, referred to in subsec. (c), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Amendments
1986—
Effective Date of 1986 Amendment
Amendment by
§11709. Liability for issuance of securities by certain carriers
A carrier issuing a security or assuming an obligation or liability that is void under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11709 | 49:20a(11) (2d and 3d sentences). | Feb. 4, 1887, ch. 104, |
The words "is void under
Section Referred to in Other Sections
This section is referred to in
§11710. Liability when property is delivered in violation of routing instructions
(a)(1) When a carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(2) A carrier is not liable under paragraph (1) of this subsection when it diverts or delivers property in compliance with an order or regulation of the Commission.
(3) A carrier to whom property is transported is not liable under this subsection if it shows that it had no notice of the routing instructions before transporting the property. The burden of proving lack of notice is on that carrier.
(b) The court shall award a reasonable attorney's fee to the plaintiff in a judgment against the defendant carrier under subsection (a) of this section. The court shall tax and collect that fee as a part of the costs of the action.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11710 | 49:15(11). | Feb. 4, 1887, ch. 104, |
In subsection (a), the words "When a carrier . . . diverts or delivers property" are substituted for "Whenever property is diverted or delivered by one carrier" for clarity. The words "in violation of routing instructions" are substituted for "contrary to routing instructions" for clarity. The words "both of those carriers are" substituted for "such carriers shall . . . be" for clarity. The words "in a suit or action in any court of competent jurisdiction" are omitted as unnecessary in view of
In subsection (b), the last sentence is substituted for "to be taxed in the case" for clarity.
§11711. Dispute settlement program for household goods carriers
(a)(1) One or more motor common carriers providing transportation of household goods subject to the jurisdiction of the Commission under subchapter II of
(2) The Commission shall approve, at least within 45 days of its filing, any application to establish a program for settling disputes concerning the transportation of household goods which meets the requirements of subsection (b) of this section.
(3) The Commission may investigate at any time the functioning of any program approved under this section and, after notice and an opportunity for a hearing, may suspend or revoke its approval for failure to meet the requirements of this section and such regulations as the Commission may issue to carry out the provisions of this section.
(b) No program for settling disputes concerning the transportation of household goods may be approved under this section unless the program is a fair and expeditious method for settling such disputes and complies with each of the following requirements and such regulations as the Commission may issue:
(1) The program is designed to prevent a carrier from having any special advantage in any case in which the claimant resides or does business at a place distant from the carrier's principal or other place of business.
(2) The program provides for adequate notice of the availability of such program, including a concise easy-to-read, accurate summary of the program and disclosure of the legal effects of election to utilize the program. Such notice must be given to persons for whom household goods are to be transported by the carrier before such goods are tendered to the carrier for transportation.
(3) Upon request of a shipper, the carrier must promptly provide such forms and other information as are necessary for initiating an action under the program to resolve a dispute.
(4) Each person, authorized pursuant to the program to arbitrate or otherwise settle disputes, must be independent of the parties to the dispute and must be capable, as determined under such regulations as the Commission may issue, to resolve such disputes fairly and expeditiously. The program must ensure that each person chosen to settle the disputes is authorized and able to obtain from the shipper or carrier any material and relevant information to the extent necessary to carry out a fair and expeditious decisionmaking process.
(5) No fee for instituting a proceeding under the program may be charged the shipper; except that, if the program is binding solely on the carrier, the shipper may be charged a fee of not more than $25 for instituting a proceeding under the program. In any case in which a shipper is charged a fee under this paragraph for instituting a proceeding under the program and such dispute is settled in favor of the shipper, the person settling the dispute must refund such fee to the shipper unless the person settling the dispute determines that such refund is inappropriate.
(6) The program must not require the shipper to agree to utilize the dispute settlement program prior to the time that a dispute arises.
(7) The program may provide for an oral presentation of a dispute concerning transportation of household goods by a party to the dispute (or a party's representative), but such oral presentation may be made only if all parties to the dispute expressly agree to such presentation and the date, time, and location of such presentation.
(8) Any person settling a dispute concerning transportation of household goods under the program must, as expeditiously as possible but at least within 60 days of receipt of written notification of the dispute, render a decision based on the information gathered, except that, in any case in which a party to the dispute fails to provide in a timely manner any information concerning such dispute which the person settling the dispute may reasonably require to resolve the dispute, the dispute settler may extend such 60-day period for a reasonable period of time. A decision resolving a dispute may include any remedies appropriate under the circumstances, including repair, replacement, refund, reimbursement for expenses, and compensation for damages.
(c) Materials and information obtained in the course of a decisionmaking process to settle a dispute under a dispute settlement program approved under this section may not be used to bring an action under
(d) In any court action to resolve a dispute between a shipper of household goods and a motor common carrier providing transportation subject to the jurisdiction of the Commission under subchapter II of
(1) the shipper submits a claim to the carrier within 120 days after the date the shipment is delivered or the date the delivery is scheduled, whichever is later;
(2) the shipper prevails in such court action; and
(3)(A) no dispute settlement program approved under this section was available for use by the shipper to resolve the dispute; or
(B) a decision resolving the dispute was not rendered under a dispute settlement program approved under this section within the period provided under subsection (b)(8) of this section or an extension of such period under such subsection; or
(C) the court proceeding is to enforce a decision rendered under a dispute settlement program approved under this section and is instituted after the period for performance under such decision has elapsed.
(e) In any court action to resolve a dispute between a shipper of household goods and a motor common carrier providing transportation subject to the jurisdiction of the Commission under subchapter II of
(1) after resolution of such dispute under a dispute settlement program approved under this section; or
(2) after institution of a proceeding by the shipper to resolve such dispute under a dispute settlement program approved under this section but before (A) the period provided under subsection (b)(8) for resolution of such dispute (including, if applicable, an extension of such period under such subsection) ends, and (B) a decision resolving such dispute is rendered under such program.
(f) The provisions of this section shall apply only in the case of collect-on-delivery transportation of those types of household goods described in
(Added
Amendments
1982—Subsec. (f).
Effective Date of 1982 Amendment
Amendment by
Effective Date
Section 7(b) of
§11712. Tariff reconciliation rules for motor common carriers of property
(a)
(b)
(c)
(Added
References in Text
The date of the enactment of this section, referred to in subsec. (c), is the date of enactment of
CHAPTER 119 —CIVIL AND CRIMINAL PENALTIES
Amendments
1986—
1980—
Chapter Referred to in Other Sections
This chapter is referred to in
§11901. General civil penalties
(a) Except as otherwise provided in this section, a common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(b) A common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of
(c) A carrier, receiver, or trustee violating subchapter V of
(d) A person knowingly authorizing, consenting to, or permitting a violation of
(e)(1) A carrier, receiver, or operating trustee violating an order or direction of the Commission under
(2) A rail carrier, receiver, or operating trustee violating
(f)(1) A person required under subchapter III of
(2) A carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of
(3) A carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of
(4) A separate violation occurs for each day a violation under this subsection continues.
(g) A person required to make a report to the Commission, answer a question, or make, prepare, or preserve a record under this subtitle or enter into or retain a written agreement under
(h) A person subject to the jurisdiction of the Commission under subchapter II of
(i)(1) Any person required to make a report to the Commission, answer a question, or make, prepare, or preserve a record under this subtitle concerning transportation of household goods subject to jurisdiction of the Commission under subchapter II of
(2) In determining and negotiating the amount of a civil penalty under this subsection, the degree of culpability, any history of prior such conduct, the degree of harm to shipper or shippers, ability to pay, the effect on ability to do business, whether the shipper has been adequately compensated before institution of the proceeding, and such other matters as fairness may require shall be taken into account.
(j)(1) Subject to the provisions of paragraph (3) of this subsection, if a common carrier providing transportation of household goods subject to the jurisdiction of the Commission under subchapter II of
(2)(A) If the Commission determines—
(i) that a common carrier providing transportation of household goods subject to the jurisdiction of the Commission under subchapter II of
(ii) with respect to each such failure or refusal, that the shipper or shippers have suffered harm as a result of such failure or refusal;
the Commission may, in writing, notify the carrier, receiver, or trustee of its determinations and may elect to assess civil penalties under this paragraph for such failures and refusals in lieu of proceeding under paragraph (1) of this subsection with respect to such failures and refusals. If the Commission elects to assess civil penalties under this paragraph, such civil penalties may only be assessed after notice and opportunity for a hearing.
(B) Subject to the provisions of paragraph (3) of this subsection, the amount of a civil penalty which may be assessed under this paragraph for a failure or refusal shall not be more than $1,000 for such failure or refusal and $500 for each additional day during which such failure or refusal continues.
(C) Notwithstanding the provisions of
(3) The amount of a civil penalty which may be assessed under paragraph (1) or (2) of this subsection for a failure or refusal shall not be more than $500 for such failure or refusal and $250 for each additional day during which such failure or refusal continues if, between the time the carrier, receiver, or trustee receives notice from the Commission of such failure or refusal and the commencement of the assessment hearing or trial, as the case may be, the carrier, receiver, or trustee adequately compensates the shipper or shippers, or offers adequate compensation to the shipper or shippers, for the harm they have suffered as a result of such failure or refusal.
(4)(A) No civil penalty may be imposed under this subsection for a failure or refusal to comply with a regulation issued by the Commission relating to protection of individual shippers unless the shipper or shippers have suffered harm as a result of such failure or refusal.
(B) In addition, no civil penalty may be imposed under this subsection for a failure or refusal to comply with a regulation issued by the Commission relating to protection of individual shippers—
(i) if, before receiving notice from the Commission of such failure or refusal, the carrier, receiver, or trustee adequately compensates the shipper or shippers, or offers adequate compensation to the shipper or shippers, for the harm they have suffered as a result of such failure or refusal; or
(ii) in the case of a carrier, receiver, or trustee that does not know or have reason to know that the shipper or shippers have suffered harm as a result of such failure or refusal before receiving notice from the Commission of such failure or refusal, if such carrier, receiver, or trustee adequately compensates the shipper or shippers, or offers adequate compensation to the shipper or shippers, for such harm before commencement under this subsection of the assessment hearing or trial, as the case may be.
(5) In determining and negotiating the amount of a civil penalty under this subsection, the degree of culpability, any history of prior such conduct, the degree of harm to shipper or shippers, ability to pay, the effect on ability to do business, and such other matters as fairness may require shall be taken into account.
(k) Any person that knowingly engages in or knowingly authorizes an agent or other person (1) to falsify documents used in the transportation of household goods subject to the jurisdiction of the Commission under subchapter II of
(l)
(m)(1) Trial in a civil action under subsections (a)–(f) of this section is in the judicial district in which the carrier has its principal operating office or in a district through which the railroad of the carrier runs.
(2) Trial in a civil action under subsection (g), (h), (i), (j)(1), (k), or (l) of this section is in the judicial district in which (A) the motor carrier or broker has its principal office, (B) the motor carrier or broker was authorized to provide transportation under this subtitle when the violation occurred, (C) the violation occurred, or (D) the offender is found. Process in the action may be served in the judicial district of which the offender is an inhabitant or in which the offender may be found.
(
In subsection (a), the word "agent" is substituted for "representative, or agent" as being more inclusive. The word "violating" is substituted for "fails or neglects to obey" as being more precise. The words "is liable to" are substituted for "shall forfeit to" for consistency. The words "under this subtitle" are substituted for "
In subsection (b), the words "violating . . . section . . . of this title" are substituted for "In case of failure or refusal on the part of . . . to comply with the terms of" for clarity and consistency. The words "adopted or promulgated" are omitted as unnecessary. The words "the provisions" are omitted as surplus. The words "and every" are omitted as surplus. The words "which shall accrue . . . and may be recovered in a civil action brought by the United States" are omitted as unnecessary in view of the restatement and
In subsection (c), the word "violating" is substituted for "In case of failure or refusal . . . to comply" for clarity. The words "subchapter V of
In subsection (e)(1), the 1st sentence of 49:1(17)(a) (less proviso) is omitted as unnecessary in view of the authority of the Commission to delegate its functions under section 10305 of the revised title and the general authority of the Commission to carry out the revised subtitle under section 10321 of the revised title. The words "It shall be the duty of all carriers by railroad subject to this chapter, and of their officers, agents, and employees, to obey strictly and conform promptly to such orders or directions of the Commission" are omitted as unnecessary in view of the restatement of the provisions related to car service in subchapter II of
In subsection (e)(2), the words "violating
Subsection (g) restates the source provisions for clarity and consistency in view of subchapter III of
In subsection (h), the word "trial" is inserted for clarity. The words "All forfeitures provided for in this paragraph shall be payable into the Treasury of the United States" in 49:322(h) are omitted as surplus in view of
References in Text
The date of enactment of this sentence, referred to in subsec. (g), is the date of enactment of
The Solid Waste Disposal Act, referred to in subsec. (h), is title II of
Codification
Amendment by section 306(c)(1) of
Amendments
1993—Subsec. (g).
Subsec. (l).
Subsec. (m).
1984—Subsec. (g).
Subsecs. (h) to (l).
1982—Subsec. (g).
1980—Subsec. (g).
Subsec. (h).
Subsecs. (i), (j).
Subsec. (k).
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§11902. Civil penalty for accepting rebates from common carrier
A person (1) delivering property to a common carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11902 | 49:41(3). | Feb. 19, 1903, ch. 708, §1, |
The word "person" is substituted for "person, corporation, or company" in view of the definition of "person" in section 10102 of the revised title. The words "subject to
Section Referred to in Other Sections
This section is referred to in
§11902a. Penalties for violations of rules relating to loading and unloading motor vehicles
(a) Any person who knowingly authorizes, consents to, or permits a violation of subsection (a) or (b) of
(b) Any person who knowingly violates
(Added
§11903. Rate, discrimination, and tariff violations
(a) A person that knowingly offers, grants, gives, solicits, accepts, or receives by any means transportation or service provided for property by a common carrier subject to the jurisdiction of the Interstate Commerce Commission under
(b) A carrier providing transportation or service subject to the jurisdiction of the Commission under
(c) When acting in the scope of their employment, the actions and omissions of persons acting for or employed by a carrier or shipper that is subject to subsection (a) or (b) of this section are considered to be the actions and omissions of that carrier or shipper as well as that person.
(d) Trial in a criminal action under this section is in the judicial district in which any part of the violation is committed or through which the transportation is conducted.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11903 | 49:41(1) (less 1st sentence), (2) (related to corporate violations). | Feb. 19, 1903, ch. 708, §1 (1st par. less 1st sentence), (2d par. related to corporate violations), |
In subsection (a), the words "offers, grants, gives, solicits, accepts, or receives by any means" are substituted for "to offer, grant, or give, or to solicit, accept, or receive any rebate, concession, or discrimination in respect . . . whereby any . . . shall by any device whatever" for clarity in view of section 10761(a) of the revised title. The words "or (2) by practicing discrimination" are substituted for "or whereby any other advantage is given or discrimination is practiced" for consistency. See the revision note to section 10101 of the revised title. The words "transportation or service provided for property by a common carrier subject to the jurisdiction of the Interstate Commerce Commission under
In subsection (b), the word "strictly" is omitted as surplus. The words "shall be a misdemeanor, and upon conviction thereof" are omitted as unnecessary in view of title 18. The proviso in 49:41(1) (2d sentence) is omitted as unnecessary and the penalty of imprisonment provided by it is incorporated in subsections (a) and (b).
In subsection (c), the words "in construing and enforcing the provisions of this section" are omitted as surplus. The word "omissions" is substituted for "omission, or failure" as being more inclusive.
In subsection (d), the words "Every violation of this section shall be prosecuted in any court of the United States having jurisdiction of crimes" are omitted as unnecessary in view of title 18. The words "Trial in a criminal action under this section" are added for clarity. The words "any part of the violation is committed" are substituted for "in which such violation was committed . . . and whenever the offense is begun in one jurisdiction and completed in another" as being more inclusive. The words "it may be dealt with, inquired of, tried, determined, and punished in either jurisdiction in the same manner as if the offense had been actually and wholly committed therein" are omitted as unnecessary in view of the restatement.
Section Referred to in Other Sections
This section is referred to in
§11904. Additional rate and discrimination violations
(a)(1) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(2) A person, or officer or agent of the person, that (A) delivers property for transportation under this subtitle to a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of
(3) A person, or an officer or agent of a corporation or company that by payment of anything of value, solicitation, or in any other way, induces or attempts to induce a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of
(b) A person, or an officer, employee, or agent of that person, that (1) knowingly offers, grants, gives, solicits, accepts, or receives a rebate, concession, or discrimination in violation of a provision of this subtitle related to motor carrier transportation subject to the jurisdiction of the Commission under subchapter II of
(c)(1) A water carrier providing transportation subject to the jurisdiction of the Commission under subchapter III of
(2) A person that knowingly and willfully by any means solicits, accepts, or receives transportation provided under subchapter III of
(3) Trial in a criminal action under this subsection is in the judicial district in which any part of the violation is committed.
(d)(1) A household goods freight forwarder providing service subject to the jurisdiction of the Commission under subchapter IV of
(2) A person that knowingly and willfully by any means gets, or attempts to get, service provided under subchapter IV of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11904(a)(1) | 49:10(2). | Feb. 4, 1887, ch. 104, §10 (less (1)), |
| 11904(a)(2), (3) | 49:10 (less (1) and (2)). | |
| 11904(b) | 49:322(c) (related to rate violations). | Feb. 4, 1887, ch. 104, |
| 11904(c) | 49:917(b), (c). | Feb. 4, 1887, ch. 104, |
| 11904(d) | 49:1021(b), (c). | Feb. 4, 1887, ch. 104, |
In subsection (a)(1), the word "suffer" is omitted as surplus. The words "by any means" are substituted for "by any other device or means" for clarity and for emphasis. The words "by means of false billing, false classification, false weighing, or false report of weight" are omitted as unnecessary and as included in the words "by any means". The words "in effect . . . under
In subsection (a)(2), the words "directly, or indirectly, himself or by employee, agent, or officer, or otherwise" are omitted as surplus in view of
In subsection (a)(3), the words "any such" are omitted as unnecessary. The words "payment of any thing of value" are substituted for "payment of money or other things of value" as being inclusive. The words "any other way" are substituted for "otherwise" for clarity. The words "common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of
In subsection (b), the words "whether carrier, shipper, consignee, or broker" are omitted as being included in "person". The word "agent" is substituted for "agent, or representative thereof" as being more inclusive. The words "related to motor carrier transportation subject to the jurisdiction of the Commission under subchapter II of
In subsections (c) and (d), the words "whether with or without the consent or connivance of such carrier or his or its officer, agent, employee, or representative" are omitted as surplus. The words "either before or after payment" are omitted as surplus. The words "be deemed guilty of a misdemeanor and upon conviction thereof in any court of the United States of competent jurisdiction" are omitted in view of title 18.
In subsection (c), the word "permits" is substituted for "assist, suffer or permit" as being inclusive and in view of
Amendments
1986—Subsec. (d)(1).
Effective Date of 1986 Amendment
Amendment by
§11905. Transportation of passengers without charge
A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I, II, or III of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11905 | 49:1(7) (less 1st sentence). | Feb. 4, 1887, ch. 104, |
Appropriate cross references to those sections of the revised title to which 49:1(7) (1st sentence) has been distributed are added for clarity, and the words "violating this provision" are omitted as unnecessary. The words "be deemed guilty of a misdemeanor and for each offense on conviction" are omitted as surplus and as unnecessary in view of title 18. The words "shall pay to the United States" are omitted as surplus. The word "individual" is substituted for "person" for consistency when referring to a human being. The word "fined" is substituted for "penalty" for consistency and to distinguish from a civil penalty. The words "free ticket" are substituted for "free ticket, free pass" for consistency. The word "interstate" is omitted in view of the restatement. The last sentence of 49:1(7) is omitted as unnecessary.
Amendments
1982—
Effective Date of 1982 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§11906. Evasion of regulation of motor carriers and brokers
A person, or an officer, employee, or agent of that person that by any means knowingly and willfully tries to evade regulation provided under this subtitle for motor carriers or brokers shall be fined at least $200 but not more than $500 for the first violation and at least $250 but not more than $2,000 for a subsequent violation.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11906 | 49:322(c) (related to evasion of regulation). | Feb. 4, 1887, ch. 104, |
The words "whether carrier, shipper, consignee, or broker" are omitted as surplus. The word "agent" is substituted for "agent, or representative thereof" as being more inclusive. The words "be deemed guilty of a misdemeanor and upon conviction thereof" are omitted as unnecessary in view of title 18.
§11907. Interference with railroad car supply
(a) A person that offers or gives anything of value to another person acting for or employed by a rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(b) A person acting for or employed by a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11907 | 49:1(17)(b). | Feb. 4, 1887, ch. 104, |
The words "It shall be unlawful for" are omitted as surplus. The words "cause or procure to be offered or given" are omitted as unnecessary in view of
Section Referred to in Other Sections
This section is referred to in
§11908. Abandonment of service by household goods freight forwarder
A household goods freight forwarder controlled by or under common control with a common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I, II, or III of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11908 | 49:1010(i) (less 1st sentence and 2d sentence words before semicolon). | Feb. 4, 1887, ch. 104, |
The words "upon conviction thereof be punished" are omitted as unnecessary in view of title 18.
Amendments
1986—
Effective Date of 1986 Amendment
Amendment by
§11909. Record keeping and reporting violations
(a) A person required to make a report to the Interstate Commerce Commission, or make, prepare, or preserve a record, under subchapter III of
(b) A person required to make a report to the Commission, answer a question, or make, prepare, or preserve a record under this subtitle or enter into or retain a written agreement under
(c) A person required to make a report to the Commission, answer a question, or make, prepare, or preserve a record under this subtitle about transportation subject to the jurisdiction of the Commission under subchapter III of
(d) A household goods freight forwarder, or an officer, agent, or employee of that household goods freight forwarder, required to make a report to the Commission, answer a question, or make, prepare, or preserve a record under this subtitle about transportation subject to the jurisdiction of the Commission under subchapter IV of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11909(a) | 49:20(7)(b) (less proviso). | Feb. 4, 1887, ch. 104, |
| 11909(b) | 49:322(g). | Feb. 4, 1887, ch. 104, |
| 11909(c) | 49:917(d). | Feb. 4, 1887, ch. 104, |
| 11909(d) | 49:1021(d). | Feb. 4, 1887, ch. 104, |
In subsection (a), the words "cause to be made" are omitted in view of
In subsections (b)–(d), the word "person" is substituted for "motor carrier, broker, or other person" as being more inclusive. The words "required to make a report to the Commission, answer a question, or make, prepare, or preserve a record" are added for clarity and to eliminate the need for the text of 49:322(g) (last sentence). The word "prepare" is substituted for "prepared, or compiled" as being more inclusive. The word "preserve" is substituted for "retained" for consistency in view of subchapter III of
In subsection (c), the words "Trial in a criminal action" are added for clarity.
Pub. L. 96–258
This amends section 11909(a) to correct a grammatical error.
Amendments
1994—Subsec. (b).
1993—Subsec. (b).
1986—Subsec. (d).
1984—Subsec. (b).
1983—Subsec. (b).
1980—Subsec. (a).
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§11910. Unlawful disclosure of information
(a)(1) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(2) A motor carrier or broker providing transportation subject to the jurisdiction of the Commission under subchapter II of
(3) A common carrier providing transportation subject to the jurisdiction of the Commission under subchapter III of
(4) A household goods freight forwarder providing service subject to the jurisdiction of the Commission under subchapter IV of
(b) This subtitle does not prevent a carrier or broker providing transportation subject to the jurisdiction of the Commission under
(1) in response to legal process issued under authority of a court of the United States or a State;
(2) to an officer, employee, or agent of the United States Government, a State, or a territory or possession of the United States; or
(3) to another carrier or its agent to adjust mutual traffic accounts in the ordinary course of business.
(c) An employee of the Commission delegated to make an inspection or examination under
(d) A person that knowingly discloses confidential data made available to such person under
(
In subsection (a), the words "It shall be unlawful for" are omitted as surplus. The word "lawfully" is omitted as surplus. The word "permits" is omitted in view of
In subsection (a)(2), the words "may not" are substituted for "It shall be unlawful for" for clarity. The words "providing transportation subject to the jurisdiction of the Commission under subchapter II of
In subsection (a)(3) and (4), the words "may be" are substituted for "may be or is" in 49:917(f) and 1021(f) as being more inclusive. The words "may disclose" are substituted for "may or does . . . disclose" in 49:917(f) and 1021(f) as being inclusive. The words "be guilty of a misdemeanor and upon conviction thereof in any court of the United States of competent jurisdiction . . . be subject to" are omitted as unnecessary in view of title 18.
In subsection (a)(3), the words "Trial in a criminal action" are inserted for clarity.
In subsection (b), the words "This subtitle does not prevent" are substituted for "Provided, That nothing in this chapter shall be construed to prevent" in 49:15(13) and similar provisions in the other source provisions for clarity. The words "in the exercise of his powers, or to any officer or other duly authorized person seeking such information for the prosecution of persons charged with or suspected of crime" are omitted as unnecessary. The word "employee" is added in subsection (b)(2) for consistency.
In subsection (c), the words "employee of the Commission delegated to make an inspection or examination under
Amendments
1986—Subsec. (a)(4).
1980—Subsec. (d).
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§11911. Issuance of securities; disposition of funds; restriction on ownership
(a) A director, officer, attorney, or agent of a carrier defined in
(b) A person that violates
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11911(a) | 49:20a(11) (last sentence). | Feb. 4, 1887, ch. 104, |
| 49:314 (related to penalties). | Feb. 4, 1887, ch. 104, |
|
| 11911(b) | 49:20a(12) (last sentence). |
In subsection (a), the word "agrees" is substituted for "assents" for clarity. The words "in violation of
In subsection (b), the words "shall be a misdemeanor, and on conviction in any United States court having jurisdiction . . . punished" are omitted as unnecessary in view of title 18.
Amendments
1982—Subsec. (a).
Effective Date of 1982 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§11912. Consolidation, merger, and acquisition of control: violation by a person not a carrier
A person, other than a common carrier, that violates
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11912 | 49:5(8) (last sentence). | Feb. 4, 1887, ch. 104, |
The words "A person, other than a common carrier, that" are added for clarity. Since there is no specific penalty for a violation of 49:5(2)–(13), the penalty of 49:10(1) applies to a violation for which no other penalty is provided. The words "
Pub. L. 96–258
A conforming change is made to include the appropriate cross-reference.
Amendments
1980—
Effective Date of 1980 Amendment
Amendment by
§11913. Disobedience to subpenas
A person not obeying a subpena or requirement of the Interstate Commerce Commission to appear and testify or produce records shall be fined at least $100 but not more than $5,000, imprisoned for not more than one year, or both
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11913 | 49:46. | Feb. 11, 1893, ch. 83, §1, |
| 49:305(d) (related to liability). | Feb. 4, 1887, ch. 104, |
|
| 49:916(a) (related to liability). | Feb. 4, 1887, ch. 104, |
|
| 49:1017(a). | Feb. 4, 1887, ch. 104, |
The text of 49:305(d), 916(a), and 1017(a) is omitted as unnecessary in view of the restatement. The words "not obeying" are substituted for "shall neglect or refuse . . . or to answer any lawful inquiry" to eliminate surplus words. The word "appear" is substituted for "attend" for clarity. The words "if in his power to do so" and "lawful" are omitted as surplus. The word "records" is substituted for "books, papers, or documents" for consistency. The words "guilty of a misdemeanor and, upon conviction thereof" are omitted as unnecessary because of
§11913a. Accounting principles violations
Any rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(Added
Effective Date
Section effective Oct. 1, 1980, see section 710(a) of
§11914. General criminal penalty when specific penalty not provided
(a) When another criminal penalty is not provided under this chapter, a common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(b) When another criminal penalty is not provided under this chapter, a person that knowingly and willfully violates a provision of this subtitle or a regulation or order prescribed under this subtitle, or a condition of a certificate or permit issued under this subtitle related to transportation that is subject to the jurisdiction of the Commission under subchapter II of
(c) When another criminal penalty is not provided under this chapter, a person that knowingly and willfully violates a provision of this subtitle or a regulation or order prescribed under this subtitle, or a condition of a certificate or permit issued under this subtitle related to transportation that is subject to the jurisdiction of the Commission under subchapter III of
(d) When another criminal penalty is not provided under this chapter, a person that knowingly and willfully violates a provision of this subtitle or a regulation or order prescribed under this subtitle or a condition of a permit issued under this subtitle related to service that is subject to the jurisdiction of the Commission under subchapter IV of
(
In subsection (a), the words "person acting for" are substituted for "agent, or person acting for" as being more inclusive. The word "person" is substituted for "corporation, company, person, or party" for clarity in view of the definition of "person" in section 10102 of the revised title. The words "that . . . violates this subtitle" are substituted for "shall . . . do or cause to be done, or shall . . . suffer or permit to be done, any act, matter, or thing in this chapter prohibited or declared to be unlawful . . . or shall . . . omit or fail to do any act, matter, or thing in this chapter required to be done, or shall cause or . . . suffer or permit any act, matter, or thing so directed or required by this chapter to be done; not to be so done . . . or shall be guilty of any infraction of this chapter" for clarity and to conform to
In subsections (b)–(d), the word "order" is substituted for "requirement" as being inclusive. The word "regulation" is substituted for "rule, regulation" for consistency. The word "criminal" is added for clarity. The words "shall, upon conviction thereof" are omitted as surplus.
In subsection (c), the words "Venue in a criminal action under this subsection" are added for clarity. The words "any part of" are substituted for "in whole or in part" for clarity.
Pub. L. 96–258
This amends section 11914(c) to make a technical change for consistency with other sections in
Amendments
1984—Subsec. (b).
1983—Subsec. (b).
1980—Subsec. (c).
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
§11915. Punishment of corporation for violations committed by certain individuals
An act or omission that would be a violation of this subtitle if committed by a director, officer, receiver, trustee, lessee, agent, or employee of a common carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11915 | 49:41(1) (1st sentence), (2) (related to corporate violations). | Feb. 19, 1903, ch. 708, §1 (1st par. 1st sentence) (2d par. related to corporate violations), |
The words "that would be a violation of this subtitle" are substituted for "would constitute a misdemeanor under said Acts or under
Section Referred to in Other Sections
This section is referred to in
§11916. Conclusiveness of rates in certain prosecutions
When a carrier files with the Interstate Commerce Commission or publishes a particular rate under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11916 | 49:41(2) (last sentence). | Feb. 19, 1903, ch. 708, §1 (2d par. last sentence), |
The section restates the source provision for clarity. The word "is" is substituted for "shall be . . . deemed to be" for clarity.
Section Referred to in Other Sections
This section is referred to in
§11917. Weight-bumping in household goods transportation
(a) For the purposes of this section, "weight-bumping" means the knowing and willful making or securing of a fraudulent weight on a shipment of household goods which is subject to the jurisdiction of the Commission under subchapter II of
(b) Any individual who has been found to have committed weight-bumping shall, for each offense, be fined at least $1,000 but not more than $10,000, imprisoned for not more than 2 years, or both.
(Added
Section Referred to in Other Sections
This section is referred to in