PRIA, Government Policy, Made Personal

Summary

Rail carriers that the Board regulates must not make deals or plans that stop freight from moving continuously from where it was shipped to its destination, whether by changing schedules, using different cars, or by other methods. A stop, transfer, or delay is still treated as continuous if it was not done honestly for a necessary reason and was meant to avoid or needlessly interrupt continuous carriage or to evade the law.

Title 49, §10744

Transportation, Source: USLM XML via OLRC

A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part may not enter a combination or arrangement to prevent the carriage of freight from being continuous from the place of shipment to the place of destination whether by change of time schedule, carriage in different cars, or by other means. The carriage of freight by those rail carriers is considered to be a continuous carriage from the place of shipment to the place of destination 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 part.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 10745 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). A prior section 10744, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1391, related to liability for payment of rates, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See section 10743 and 13706 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.

§10744 Continuous Carriage of Freight