Title 49 — TransportationRelease 119-73
§10102 Definitions
Title 49 › Subtitle SUBTITLE IV— - INTERSTATE TRANSPORTATION › Part PART A— - RAIL › Chapter CHAPTER 101— - GENERAL PROVISIONS › § 10102
Summary
Explains common words used in these rules. Board — the Surface Transportation Board. Car service — covers use, movement, supply, exchange, interchange, return, and supplying of locomotives, cars, other vehicles, special rail equipment, and trains. Control — actual or legal power to direct someone, including through shared directors, officers, owners, voting trusts, holding or investment companies, or any other way. Person — also includes a trustee, receiver, assignee, or personal representative. Rail carrier — a person who provides common carrier railroad transportation for pay, but not street, suburban, or interurban electric railways that are not part of the general rail system. Railroad — includes bridges, ferries, car floats, intermodal equipment, the road or track a carrier uses, and related switches, spurs, yards, terminals, depots, and land. Rate — a charge for transportation. State — a State of the United States and the District of Columbia. Transportation — the equipment, property, facilities, and services used to move passengers or goods by rail, and related services like receiving, delivery, transfer, refrigeration, storage, handling, and interchange. United States — the States of the United States and the District of Columbia.
Full Legal Text
Title 49, §10102
Transportation — Source: USLM XML via OLRC
In this part—
(1)“Board” means the Surface Transportation Board;
(2)“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;
(3)“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;
(4)“person”, in addition to its meaning under section 1 of title 1, includes a trustee, receiver, assignee, or personal representative of a person;
(5)“rail carrier” means a person providing common carrier railroad transportation for compensation, but does not include street, suburban, or interurban electric railways not operated as part of the general system of rail transportation;
(6)“railroad” includes—
(A)a bridge, car float, lighter, ferry, and intermodal equipment 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;
(7)“rate” means a rate or charge for transportation;
(8)“State” means a State of the United States and the District of Columbia;
(9)“transportation” includes—
(A)a locomotive, car, 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, by rail, 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; and
(10)“United States” means the States of the United States and the District of Columbia.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
Prior section 10102 and 10103 were omitted in the general amendment of this subtitle by Pub. L. 104–88, § 102(a). section 10102, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1338; Pub. L. 96–296, § 10(a)(1),
July 1, 1980, 94 Stat. 799; Pub. L. 96–454, § 3(a), Oct. 15, 1980, 94 Stat. 2011; Pub. L. 97–261, § 6(d)(1), Sept. 20, 1982, 96 Stat. 1107; Pub. L. 99–521, § 4, Oct. 22, 1986, 100 Stat. 2993; Pub. L. 103–272, § 5(m)(13),
July 5, 1994, 108 Stat. 1377; Pub. L. 103–311, title II, §§ 205(b), 206(f), Aug. 26, 1994, 108 Stat. 1683, 1686, defined terms used in this subtitle. See section 10102, 13102, and 15102 of this title. section 10103, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1340; Pub. L. 96–448, title II, § 214(c)(2), Oct. 14, 1980, 94 Stat. 1915, provided that the remedies under this subtitle were cumulative. See section 10501, 13103, and 15103 of this title. A prior chapter 103, consisting of sections 10301 to 10311, 10321, 10322, 10324, 10326 to 10330, 10341 to 10344, 10361 to 10364, and 10381 to 10388, was omitted in the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See chapter 7 of this title. section 10301, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1341; Pub. L. 97–253, title V, § 502(b), (e), (h)(1), Sept. 8, 1982, 96 Stat. 806, related to organization, membership, administration, seal, and expenses of Interstate Commerce Commission. section 10302, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1342, related to divisions of Commission. section 10303, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1342, related to Secretary and public records of Commission. section 10304, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1342, related to employee boards of Commission. section 10305, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1342, related to delegation of authority by Commission. section 10306, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1343, related to conduct of Commission proceedings. section 10307, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1343, related to offices and sessions of Commission. section 10308, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1343, related to admission to practice before Commission. section 10309, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1344; Pub. L. 103–437, § 18, Nov. 2, 1994, 108 Stat. 4596, related to access to Commission records by congressional committees. section 10310, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1344, related to reports of official Commission actions. section 10311, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1345, required Commission to submit annual report to Congress. section 10321, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1345; Pub. L. 97–261, § 24, Sept. 20, 1982, 96 Stat. 1124; Pub. L. 103–272, § 4(j)(12),
July 5, 1994, 108 Stat. 1368, related to powers of Commission. section 10322, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1346; Pub. L. 96–296, § 25(a),
July 1, 1980, 94 Stat. 816; Pub. L. 96–454, § 5(b), Oct. 15, 1980, 94 Stat. 2014; Pub. L. 97–261, §§ 6(e), 16(c), 17(b), 28(a), Sept. 20, 1982, 96 Stat. 1107, 1117, 1119, 1128; Pub. L. 98–554, title II, § 226(c)(1), Oct. 30, 1984, 98 Stat. 2851; Pub. L. 103–272, § 5(m)(14),
July 5, 1994, 108 Stat. 1377, related to Commission action and appellate procedure in non-rail proceedings. A prior section 10323, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1346, related to rehearing, reargument, and reconsideration in nonrail proceedings, prior to repeal by Pub. L. 96–296, § 25(b),
July 1, 1980, 94 Stat. 818. section 10324, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1347; Pub. L. 96–258, § 1(1),
June 3, 1980, 94 Stat. 425; Pub. L. 96–296, § 25(c),
July 1, 1980, 94 Stat. 818, related to taking effect, duration, and modification of Commission actions. A prior section 10325, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1347, provided for judicial review in nonrail proceedings, prior to repeal by Pub. L. 96–296, § 25(d),
July 1, 1980, 94 Stat. 818. section 10326, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1348, related to limitations in rulemaking proceedings related to rail carriers. section 10327, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1348; Pub. L. 96–258, § 1(2),
June 3, 1980, 94 Stat. 425; Pub. L. 96–296, § 25(e),
July 1, 1980, 94 Stat. 818; Pub. L. 97–375, title I, § 113, Dec. 21, 1982, 96 Stat. 1821; Pub. L. 104–66, title II, § 2101, Dec. 21, 1995, 109 Stat. 730, related to Commission action and appellate procedure in rail carrier proceedings. section 10328, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1350; Pub. L. 97–261, § 28(b), Sept. 20, 1982, 96 Stat. 1128; Pub. L. 99–521, § 5(a), Oct. 22, 1986, 100 Stat. 2994, related to intervention in Commission proceedings. section 10329, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1351; Pub. L. 99–521, § 5(b), Oct. 22, 1986, 100 Stat. 2994, related to service of notice in Commission proceedings. section 10330, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1352, related to service of process in court proceedings. section 10341, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1352, authorized Commission to refer matters to joint boards. section 10342, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1353, related to establishment and membership of joint boards. section 10343, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1353, related to powers of joint boards. section 10344, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1354; Pub. L. 96–296, § 36,
July 1, 1980, 94 Stat. 826, related to administration and proceedings of joint boards. section 10361, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1355, related to Rail Services Planning Office. section 10362, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1355; Pub. L. 98–216, § 2(5)–(7), Feb. 14, 1984, 98 Stat. 5; Pub. L. 99–509, title IV, § 4033(c)(7), Oct. 21, 1986, 100 Stat. 1909; Pub. L. 103–272, § 4(j)(13),
July 5, 1994, 108 Stat. 1368, related to duties of Rail Services Planning Office. section 10363, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1356; Pub. L. 103–272, § 4(j)(14),
July 5, 1994, 108 Stat. 1369, related to appointment and duties of Director of Rail Services Planning Office. section 10364, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1356; Pub. L. 103–272, § 5(m)(15),
July 5, 1994, 108 Stat. 1377, related to powers of and assistance to Director. section 10381, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1357, related to Office of Rail Public Counsel. section 10382, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1357; Pub. L. 96–258, § 1(3),
June 3, 1980, 94 Stat. 425, related to duties and standing of Office of Rail Public Counsel. section 10383, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1357; Pub. L. 103–272, § 4(j)(14),
July 5, 1994, 108 Stat. 1369, related to duties and appointment of Director of Office of Rail Public Counsel. section 10384, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1358, related to staff of Office of Rail Public Counsel. section 10385, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1358; Pub. L. 103–272, § 5(m)(15),
July 5, 1994, 108 Stat. 1377, related to powers of Office of Rail Public Counsel. section 10386, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1358, related to reports concerning activities of Office of Rail Public Counsel. section 10387, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1358, related to budget requests and estimates of Office of Rail Public Counsel. section 10388, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1358; Pub. L. 96–73, title III, § 301, Sept. 29, 1979, 93 Stat. 557, authorized appropriations for Office of Rail Public Counsel for fiscal year ending Sept. 30, 1980.
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.
Reference
Citations & Metadata
Citation
49 U.S.C. § 10102
Title 49 — Transportation
Last Updated
Apr 6, 2026
Release point: 119-73