49 U.S.C. § 10741

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 10741 - Prohibitions against discrimination by rail carriers

(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.

49 U.S.C. § 10741

Added Pub. L. 104-88, title I, §102(a), Dec. 29, 1995, 109 Stat. 819.

EDITORIAL NOTES

PRIOR PROVISIONSA 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 sections 10741 and 15505 of this title.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATESection 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.