§10101 — Title 49 Transportation | U.S. Code

Summary

Sets the government's goals for how railroads are run and regulated. It says competition and customer demand should mostly decide fair rail rates. Federal oversight must be kept to a minimum, and any regulation must be fair and fast. Rail companies must be allowed to earn enough money for safe, efficient service, as decided by the Board. The policy supports strong competition with other transport modes, reasonable rates where competition is weak and revenues are higher than needed, and fewer barriers to enter or leave the industry. It also requires running trains without harming public health or safety, honest and efficient management, fair wages and safe jobs, and bans pricing or practices meant to crush rivals, unfair market concentration, and unlawful discrimination. Regulators should get accurate cost information without overburdening carriers. The policy also promotes energy conservation and quick handling of regulatory cases.

Title 49, §10101

Transportation — Source: USLM XML via OLRC

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 Board;

(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 encourage honest and efficient management of railroads;

(10)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;

(11)to encourage fair wages and safe and suitable working conditions in the railroad industry;

(12)to prohibit predatory pricing and practices, to avoid undue concentrations of market power, and to prohibit unlawful discrimination;

(13)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;

(14)to encourage and promote energy conservation; and

(15)to provide for the expeditious handling and resolution of all proceedings required or permitted to be brought under this part.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Prior section 10101 and 10101a were omitted in the general amendment of this subtitle by Pub. L. 104–88, § 102(a). section 10101, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1337; Pub. L. 96–296, § 4, July 1, 1980, 94 Stat. 793; Pub. L. 96–448, title I, § 101(b), Oct. 14, 1980, 94 Stat. 1898; Pub. L. 97–261, § 5, Sept. 20, 1982, 96 Stat. 1103; Pub. L. 103–311, title II, § 204, Aug. 26, 1994, 108 Stat. 1683, related to transportation policy. See section 13101 and 15101 of this title. section 10101a, added Pub. L. 96–448, title I, § 101(a), Oct. 14, 1980, 94 Stat. 1897, related to rail transportation policy.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.

Short Title

of 2008 Amendment Pub. L. 110–432, div. A, title VI, § 601, Oct. 16, 2008, 122 Stat. 4900, provided that: “This title [enacting sections 10908 to 10910 of this title and amending section 10501 of this title] may be cited as the ‘Clean Railroads Act of 2008’.” Pub. L. 110–291, § 1, July 30, 2008, 122 Stat. 2915, provided that: “This Act [amending section 13102, 13902, and 13905 of this title and enacting provisions set out as notes under section 13902 of this title] may be cited as the ‘Over-the-Road Bus Transportation Accessibility Act of 2007’.”

Short Title

of 2005 Amendment Pub. L. 109–59, title IV, § 4201, Aug. 10, 2005, 119 Stat. 1751, provided that: “This subtitle [subtitle B (§§ 4201–4216) of title IV of Pub. L. 109–59, enacting section 14710, 14711, and 14915 of this title, amending section 13102, 13707, 13902, 14104, 14501, 14706, 14708, and 14901 of this title, and enacting provisions set out as notes under section 13102, 14701, 14706, and 14710 of this title] may be cited as the ‘Household Goods Mover Oversight

Enforcement

and Reform Act of 2005’[.]” Pub. L. 109–59, title IV, § 4301, Aug. 10, 2005, 119 Stat. 1761, provided that: “This subtitle [subtitle C (§§ 4301–4308) of title IV of Pub. L. 109–59, enacting section 14504a and 14506 of this title, amending section 13902, 13905, 13906, 13908, 31102, and 31103 of this title, repealing section 14504 of this title, and enacting provisions set out as notes under section 13902 and 14504 of this title] may be cited as the ‘Unified Carrier Registration Act of 2005’.”

Short Title

of 2002 Amendment Pub. L. 107–298, § 1, Nov. 26, 2002, 116 Stat. 2342, provided that: “This Act [amending section 13102, 13506, 14501, and 31138 of this title] may be cited as the ‘Real Interstate Driver Equity Act of 2002’.”

Short Title

of 1986 Amendment Pub. L. 99–521, § 1, Oct. 22, 1986, 100 Stat. 2993, provided that: “This Act [see Tables for classification] may be cited as the ‘Surface Freight Forwarder Deregulation Act of 1986’.”

Short Title

of 1982 Amendment Pub. L. 97–261, § 1, Sept. 20, 1982, 96 Stat. 1102, provided: “That this Act [see Tables for classification] may be cited as the ‘Bus Regulatory Reform Act of 1982’.”

Short Title

of 1980

Amendments

Pub. L. 96–454, § 1, Oct. 15, 1980, 94 Stat. 2011, provided: “That this Act [see Tables for classification] may be cited as the ‘Household Goods Transportation Act of 1980’.” Pub. L. 96–448, § 1, Oct. 14, 1980, 94 Stat. 1895, provided that: “This Act [see Tables for classification] may be cited as the ‘Staggers Rail Act of 1980’.” Pub. L. 96–296, § 1, July 1, 1980, 94 Stat. 793, provided: “That this Act [see Tables for classification] may be cited as the ‘Motor Carrier Act of 1980’.”

§10101 Rail transportation policy

Summary

Title 49, §10101

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Statutory Notes and Related Subsidiaries

Effective Date

Short Title

Short Title

Enforcement

Short Title

Short Title

Short Title

Short Title

Amendments

Citations & Metadata