§11122 — Title 49 Transportation | U.S. Code

Summary

The Board must make rules to encourage buying and using freight cars well. Rules may set payments for using locomotives or cars, set rental terms, and impose penalties for violations. Payments for each car type must reflect ownership and upkeep costs and include a fair return, considering costs of capital, repairs, materials, parts, and labor; the Board must consider car use and national supply.

Title 49, §11122

Transportation — Source: USLM XML via OLRC

(a)The regulations of the Board on car service shall encourage the purchase, acquisition, and efficient use of freight cars. The regulations may include—

(1)the compensation to be paid for the use of a locomotive, freight car, or other vehicle;

(2)the other terms of any arrangement for the use by a rail carrier of a locomotive, freight car, or other vehicle not owned by the rail carrier using the locomotive, freight car, or other vehicle, whether or not owned by another carrier, shipper, or third person; and

(3)sanctions for nonobservance.

(b)The rate of compensation to be paid for each type of freight car shall be determined by the expense of owning and maintaining that type of freight car, including a fair return on its cost giving consideration to current costs of capital, repairs, materials, parts, and labor. In determining the rate of compensation, the Board shall consider the transportation use of each type of freight car, the national level of ownership of each type of freight car, and other factors that affect the adequacy of the national freight car supply.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 11122, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1421; Pub. L. 96–448, title II, § 224(a), Oct. 14, 1980, 94 Stat. 1929, related to use of and compensation for freight cars, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

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.

§11122 Compensation and Practice