§10741 — Title 49 Transportation | U.S. Code

Summary

Rail carriers must not unfairly treat a person, place, port, or type of cargo by charging different prices for essentially the same service. "Unreasonable discrimination" means charging one party a different amount than another for like services, for the same kind of traffic, at about the same time and under very similar conditions. This rule does not apply to contracts under section 10709, to rates that differ because routes are different, or to treating the traffic of another carrier that uses any mode of transport differently. Carriers may also charge different amounts when they actually provide different services.

Title 49, §10741

Transportation — Source: USLM XML via OLRC

(a)(1)A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part may not subject a person, place, port, or type of traffic to unreasonable discrimination.

(2)For purposes of this section, a rail carrier engages in unreasonable discrimination when it charges or receives from a person a different compensation for a service rendered, or to be rendered, in transportation the rail carrier may perform under this part than it charges or receives from another person for performing a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances.

(b)This section shall not apply to—

(1)contracts described in section 10709 of this title;

(2)rail rates applicable to different routes; or

(3)discrimination against the traffic of another carrier providing transportation by any mode.

(c)Differences between rates, classifications, rules, and practices of rail carriers do not constitute a violation of this section if such differences result from different services provided by rail carriers.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 10741, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1390; Pub. L. 96–296, § 33(d), July 1, 1980, 94 Stat. 825; Pub. L. 96–448, title II, § 212, Oct. 14, 1980, 94 Stat. 1912; Pub. L. 99–521, § 7(h), Oct. 22, 1986, 100 Stat. 2995, related to prohibitions against discrimination by common carriers, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See section 10741 and 15505 of this title.

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.

§10741 Prohibitions against discrimination by rail carriers