§41502 — Title 49 Transportation | U.S. Code

Summary

Air carriers may set fair joint fares and offer through service with another carrier. A carrier that does not operate its own planes (except an air express company) cannot make a joint fare for shipping property with a carrier covered by subtitle IV. When an air carrier and a subtitle IV carrier run through service, they must agree on fair prices, related rules and classifications, and a fair way to split any joint fare. They must show the through service and joint fares in the price lists (tariffs) they file with the Secretary of Transportation.

Title 49, §41502

Transportation — Source: USLM XML via OLRC

(a)An air carrier may establish reasonable joint prices and through service with another carrier. However, an air carrier not directly operating aircraft in air transportation (except an air express company) may not establish under this section a joint price for the transportation of property with a carrier subject to subtitle IV of this title.

(b)For through service by an air carrier and a carrier subject to subtitle IV of this title, the participating carriers shall establish—

(1)reasonable prices and reasonable classifications, rules, and practices affecting those prices or the value of the transportation provided under those prices; and

(2)for joint prices established for the through service, reasonable divisions of those joint prices among the participating carriers.

(c)An air carrier and a carrier subject to subtitle IV of this title that are participating in through service and joint prices shall include in their tariffs, filed with the Secretary of Transportation, a statement showing the through service and joint prices.

Notes & Related Subsidiaries

Historical and Revision Notes

Pub. L. 103–272 Revised SectionSource (U.S. Code)Source (Statutes at Large) 41502(a)49 App.:1483(b) (1st sentence).Aug. 23, 1958, Pub. L. 85–726, § 1003(b), 72 Stat. 791. 41502(b)49 App.:1483(b) (2d sentence). 41502(c)49 App.:1483(b) (last sentence). 49 App.:155(b)(1)(E).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704. In subsection (a), the words “(except an air express company)” are substituted for “(other than companies engaged in the air express business)” to eliminate unnecessary words. In subsection (b), before clause (1), the words “participating carriers” are substituted for “carriers parties thereto” and “carriers participating therein” for consistency in this chapter. In subsection (c), the words “or the Interstate Commerce Commission, as the case may be” are omitted because of 49:10526(a)(8)(B). Pub. L. 105–102This amends the catchline for 49:41502 to make a technical and conforming amendment necessary because section 308(l) of the ICC Termination Act (Public Law 104–88, 109 Stat. 948) struck “common” from the text of 49:41502.

Editorial Notes

Amendments

1997—Pub. L. 105–102 struck out “common” before “carriers” in section catchline. 1995—Pub. L. 104–88 substituted “another carrier” for “another common carrier” in subsec. (a) and “a carrier” for “a common carrier” in subsecs. (a), (b), and (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 1995 AmendmentAmendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an

Effective Date

note under section 1301 of this title.

§41502 Establishing Joint Prices for Through Routes with Other Carriers

Summary

Title 49, §41502

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata