W. Va. Code R. § 150-12-9

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 150-12-9 - Discrimination

9.1. Discrimination for rail carriers defined.

Differences between rates, classification, rule and practices of rail carriers providing transportation subject to the jurisdiction of the Commission are expressly not discriminatory under West Virginia or Federal law if such differences result from different services provided by rail carriers.

9.2. Specific instances of absence of discrimination.

Rail rates are specifically not unlawfully discriminatory if they arise from:

a. contracts approved under Rule 7.

b. surcharges or cancellations under 49 U.S.C. '10705a,

c. separate rates for distinct rail services under 49 U.S.C. '10728,

d. rail rates applicable to different routes,

e. business entertainment expenses authorized under 49 U.S.C. '10751.

W. Va. Code R. § 150-12-9