Title 49TransportationRelease 119-73

§10705 Authority: through routes, joint classifications, rates, and divisions prescribed by Board

Title 49 › Subtitle SUBTITLE IV— - INTERSTATE TRANSPORTATION › Part PART A— - RAIL › Chapter CHAPTER 107— - RATES › Subchapter SUBCHAPTER I— - GENERAL AUTHORITY › § 10705

Last updated Apr 6, 2026|Official source

Summary

The Board can set through routes, joint classifications, joint rates, how joint rates are split, and the rules for running those routes for rail carriers it controls. It must do this when it thinks it is in the public interest. It can also leave out most of a carrier’s own track (and any connecting track run with it) from a through route that lies only between the route’s end points if one of three things is true: sections 10741, 10742, or 11102 require it; including those lines would make the route unreasonably long compared with a workable alternative; or the Board finds the shorter route needed to give adequate, more efficient, or cheaper service. If the split of a joint rate agreed to by carriers under section 10703 would violate section 10701, the Board must set the split itself. If a Board-ordered split is later found to violate section 10701, the Board may pick a reasonable split and order changes that can be made retroactive to the date the complaint was filed, the date an investigation order was made, or a later date the Board thinks is fair.

Full Legal Text

Title 49, §10705

Transportation — Source: USLM XML via OLRC

(a)(1)The Board may, and shall when it considers it desirable in the public interest, prescribe through routes, joint classifications, joint rates, the division of joint rates, and the conditions under which those routes must be operated, for a rail carrier providing transportation subject to the jurisdiction of the Board under this part.
(2)The Board 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 section 10741, 10742, or 11102 of this title;
(B)inclusion of those lines would make the through route unreasonably long when compared with a practicable alternative through route that could be established; or
(C)the Board decides that the proposed through route is needed to provide adequate, and more efficient or economic, transportation.
(b)The Board shall prescribe the division of joint rates to be received by a rail carrier providing transportation subject to its jurisdiction under this part when it decides that a division of joint rates established by the participating carriers under section 10703 of this title, or under a decision of the Board under subsection (a) of this section, does or will violate section 10701 of this title.
(c)If a division of a joint rate prescribed under a decision of the Board is later found to violate section 10701 of this title, the Board may decide what division would have been reasonable and order adjustment to be made retroactive to the date the complaint was filed, the date the order for an investigation was made, or a later date that the Board decides is justified. The Board may make a decision under this subsection effective as part of its original decision.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Prior section 10705 and 10705a were omitted in the general amendment of this subtitle by Pub. L. 104–88, § 102(a). section 10705, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1375; Pub. L. 96–296, § 22(b)–(g),
July 1, 1980, 94 Stat. 813; Pub. L. 96–448, title II, § 218, Oct. 14, 1980, 94 Stat. 1925; Pub. L. 97–449, § 5(g)(4), Jan. 12, 1983, 96 Stat. 2443, related to authority for through routes, joint classifications, rates, and divisions prescribed by Interstate Commerce Commission. See section 10705 and 13701 of this title. section 10705a, added Pub. L. 96–448, title II, § 217(a)(1), Oct. 14, 1980, 94 Stat. 1916; amended Pub. L. 103–272, § 4(j)(20),
July 5, 1994, 108 Stat. 1369, related to joint rate surcharges and cancellations.

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. § 10705

Title 49Transportation

Last Updated

Apr 6, 2026

Release point: 119-73