1980—Pub. L. 96–448, title I, §101(c), Oct. 14, 1980, 94 Stat. 1898, added item 10101a.
(a) Except where policy has an impact on rail carriers, in which case the principles of section 10101a of this title shall govern, to ensure the development, coordination, and preservation of a transportation system that meets the transportation needs of the United States, including the United States Postal Service and national defense, it is the policy of the United States Government to provide for the impartial regulation of the modes of transportation subject to this subtitle, and—
(1) in regulating those modes—
(A) to recognize and preserve the inherent advantage of each mode of transportation;
(B) to promote safe, adequate, economical, and efficient transportation;
(C) to encourage sound economic conditions in transportation, including sound economic conditions among carriers;
(D) to encourage the establishment and maintenance of reasonable rates for transportation, without unreasonable discrimination or unfair or destructive competitive practices;
(E) to cooperate with each State and the officials of each State on transportation matters; and
(F) to encourage fair wages and working conditions in the transportation industry;
(2) in regulating transportation by motor carrier, to promote competitive and efficient transportation services in order to (A) encourage fair competition, and reasonable rates for transportation by motor carriers of property; (B) promote Federal regulatory efficiency in the motor carrier transportation system and to require fair and expeditious regulatory decisions when regulation is required; (C) meet the needs of shippers, receivers, passengers, and consumers; (D) allow a variety of quality and price options to meet changing market demands and the diverse requirements of the shipping and traveling public; (E) allow the most productive use of equipment and energy resources; (F) enable efficient and well-managed carriers to earn adequate profits, attract capital, and maintain fair wages and working conditions; (G) provide and maintain service to small communities and small shippers and intrastate bus services; (H) provide and maintain commuter bus operations; (I) improve and maintain a sound, safe, and competitive privately owned motor carrier system; (J) promote greater participation by minorities in the motor carrier system; and (K) promote intermodal transportation; and
(3) in regulating transportation by motor carrier of passengers (A) to cooperate with the States on transportation matters for the purpose of encouraging the States to exercise intrastate regulatory jurisdiction in accordance with the objectives of this subtitle; (B) to provide Federal procedures which ensure that intrastate regulation is exercised in accordance with this subtitle; and (C) to ensure that Federal reform initiatives enacted by the Bus Regulatory Reform Act of 1982 are not nullified by State regulatory actions.
(b) This subtitle shall be administered and enforced to carry out the policy of this section.
(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1337; Pub. L. 96–296, §4, July 1, 1980, 94 Stat. 793; Pub. L. 96–448, title I, §101(b), Oct. 14, 1980, 94 Stat. 1898; Pub. L. 97–261, §5, Sept. 20, 1982, 96 Stat. 1103; Pub. L. 103–311, title II, §204, Aug. 26, 1994, 108 Stat. 1683.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10101 | 49:1 (note). | Feb. 4, 1887, ch. 104, 24 Stat. 379; added Sept. 18, 1940, ch. 722, §1 (2d unnumbered par.), 54 Stat. 899. |
In the introductory matter before clause (1) of subsection (a), the words “To ensure” are substituted for “all to the end of” for clarity. The words “by water, highway, and rail, as well as other means” are omitted as unnecessary. The words “that meets” are substituted for “adequate to meet” for clarity. The words “transportation needs of the United States” are substituted for “the needs of the commerce of the United States” for clarity. The words “including the” are inserted for clarity. The words “United States Postal Service” are substituted for “Postal Service” to reflect the complete name of the Government agency. The words “it is the policy of the United States Government” are substituted for “It is hereby declared to be the national transportation policy of the Congress” for clarity since the policy has been enacted into law. The words “fair and” are omitted to eliminate redundancy. The words “subject to this subtitle” are substituted for “subject to the provisions of this act” for clarity and to conform to the revised title.
In subsection (a)(2), the words “efficient transportation” are substituted for “efficient service” for clarity and consistency in view of the definition of “transportation” in section 10102 of the revised title.
In subsection (a)(3), the words “encourage sound” are substituted for “foster sound” for clarity. The words “including sound economic conditions among carriers” are substituted for “and among the several carriers” for clarity.
In subsection (a)(4), the word “rates” is substituted for “charges” for clarity and consistency. The words “unreasonable discrimination” are substituted for “unjust discriminations, undue preferences or advantages” for clarity, consistency, and to conform to modern usage. See the note after the revision note for subsection (b).
In subsection (a)(5), the words “officials of each State” are substituted for “duly authorized official thereof” for clarity.
In subsection (a)(6), the words “in the transportation industry” are inserted for clarity.
In subsection (b), the words “with a view” and “the above declaration” are omitted as unnecessary. The word “subtitle” is substituted for “Act” to conform to the revised title.
Throughout the bill, the term “reasonable” is substituted for “just and reasonable” and “discrimination” is substituted for “preference”, “prejudice”, “advantage”, and “disadvantage” for clarity, consistency, and to conform to modern usage. See Missouri, Kansas & Texas Railway Co. v. Harriman, 227 U.S. 657, 1913; United States v. P. Koenig Coal Co., 270 U.S. 512, 1926; Arizona Grocery Co. v. Atchison, Topeka & Santa Fe Railway Co., 284 U.S. 370, 1932; Union Pacific R. Co. v. United States, 313 U.S. 450, 1941; Federal Power Commission v. Natural Gas Pipeline Co., 315 U.S. 575, 1942; Federal Power Commission v. Hope Natural Gas Co., 320 U.S. 591, 1944; United States ex rel. Morris v. Delaware, L. & W.R. Co., 40 F. 101, Cir. Ct. N.Y., 1889. The change does not affect the substantive law. The words for which the substitutions are made are used inconsistently throughout the Interstate Commerce Act and related laws and are often used in series with other synonymous words. As the editors of the U.S. Code Service point out in an explanatory note to section 2 of title 49:
Explanatory note.—In using the annotations following, it must be borne in mind that the words “unjust discrimination” [the term employed in this section] and “preference and prejudice” [the terms employed in §3(1) of this title] have been used in innumerable instances by the courts and by the commission as interchangeable. The Elkins Act [§§41–43 of this title] employs the word “discrimination” without the qualifying adjective “unjust.” It is impossible in the great majority of cases to determine from the opinions whether this section, or §3(1) of this title, or the Elkins Act [§§41–43 of this title] was the basis of the decision, because of the use of the terms interchangeably, or the use of “unjust discrimination” as covering violations of §3(1) of this title, or the omission to specify the particular provision of law under immediate consideration, or because both this section and §3(1) of this title, may have been pleaded and referred to as the basis of the decision. There is some similar confusion in the cases between this section and the provisions of §1(5) of this title, requiring all rates to be just and reasonable, and §1(6) of this title, requiring just and reasonable classifications, and transportation regulations and practices.
While the amendments made to the Interstate Commerce Act by Public Law 94–210 continued the use of the multiple synonyms, that continuation is not significant since those amendments did not restate the entire act. Should a question ever arise concerning this change, section 3 of the bill would require the legal conclusion that no change in substance was intended. The following table identifies those sections of the Interstate Commerce Act that use the terms discussed in this note.
| Interstate Commerce Act section | Words used |
|---|---|
| Before §1 | “reasonable charges”, “unjust discriminations”, “undue preferences or advantages”, “unfair or destructive competitive practices”. |
| 1(4) | “reasonable through routes”, “just and reasonable rates, fares, charges, and classifications”, “reasonable facilities”, “just, reasonable, and equitable divisions [of joint rates, fares, or charges]”. |
| 1(5)(a) | “unduly prefer or prejudice”, “just and reasonable [charges]”, “unjust and unreasonable charge”. |
| 1(5)(b) | “just and reasonable [rates]”, “unjust or unreasonable [rates]”. |
| 1(6) | “just and reasonable classifications of property”, “just and reasonable regulations and practices”, “just and reasonable terms”, “unjust and unreasonable classification, regulation, and practice”. |
| 1(9) | “without discrimination”. |
| 1(11) | “just and reasonable rules, regulations, and practices with respect to car service”, “unjust and unreasonable”. |
| 1(12) | “just and reasonable distribution of cars”, “just and reasonable ratings”, “justness and reasonableness of, or discrimination or preference or prejudice or advantage or disadvantage in, the distribution of cars”. |
| 1(15) | “just and reasonable directions”, “just and reasonable” terms of compensation. |
| 1(16)(a) | “just and reasonable directions”. |
| 1(17)(a) | “just and reasonable freight and passenger service”. |
| 2 | “unjust discrimination”. |
| 3(1) | “undue or unreasonable preference or advantage”, “undue or unreasonable prejudice or disadvantage”. |
| 3(2) | “unjust discrimination”. |
| 3(4) | “reasonable, proper, and equal facilities for the interchange of traffic”, “shall not discriminate in their rates, fares, and charges between connecting lines”, “unduly prejudice”. |
| 3(5) | “just and reasonable” terms of compensation. |
| 4(1) | “reasonably compensatory”. |
| 5(2)(b) | “just and reasonable” modifications. |
| 10(1) | “unlawful discrimination in rates, fares, or charges”. |
| 10(4) | “discriminate unjustly”, “unjust discrimination”. |
| 12(1)(b) | “undue burden” on a person, class of persons, or interstate or foreign commerce. |
| 13(4) | “undue or unreasonable advantage, preference, or prejudice”, “undue, unreasonable, or unjust discrimination against, or undue burden on, interstate or foreign commerce”. |
| 15(1) | “unjust or unreasonable or unjustly discriminatory or unduly preferential or prejudicial”, “just and reasonable . . . rate, fare, or charge”, “just, fair, and reasonable [classification, regulation, or practice]”. |
| 15(6)(a) | “unjust, unreasonable, inequitable, or unduly preferential or prejudicial [division of joint rates, fares, or charges]”, “just, reasonable, and equitable divisions”. |
| 15(7) | “lawfulness of such rate, fare, charge, classification, regulation, or practice”, rates or charges “not justified”, “just and reasonable”. |
| 15(8)(a) | “lawfulness” of such rate, fare, charge, classification, regulation, or practice. |
| 15(8)(b) | rate “exceeds a just and reasonable level”. |
| 15(8)(d) | “unlawful” rate increase or decrease. |
| 15(8)(e) | “lawful” rate, fare, or charge decrease. |
| 15(8)(f) | “just and reasonable” changed rate, fare, charge, classification, rule, or regulation. |
| 15(9) | “unreasonably high” rate, “lawfulness”, “just or reasonable” maximum increased rate. |
| 15(15) | “just and reasonable [charge and allowance]”, “reasonable [maximum] charge”. |
| 15(19) | “unlawful [schedule]”. |
| 15a(2) | “just and reasonable rates”. |
| 15a(3) | “a reasonable minimum rate”. |
| 15a(4) | “fair, reasonable, and economic profit or return (or both)”. |
| 16(5) | “lawfulness of rates, fares, charges, classifications, or practices”. |
| 17(7) | “unjust or unwarranted” decision. |
| 204(a)(1), (2) | “reasonable requirements” for service, transportation of baggage and express, uniform system of accounts, etc. |
| 204(a)(3) | “reasonable requirements” to promote safety. |
| 204(a)(4) | “reasonable requirements” for licensing brokers, etc. |
| 204(b) | “just and reasonable classifications” of brokers and groups of carriers. |
| 204a(5) | reparations are damages from charges that are “unjust and unreasonable, or unjustly discriminatory or unduly preferential or unduly prejudicial”. |
| 216(a) | “reasonable through routes”, “just and reasonable . . . rates, fares, and charges”, “just and reasonable regulations and practices”, “just, reasonable, and equitable divisions [of rates, fares, and charges]”. |
| 216(b) | “just and reasonable rates, charges, and classifications”, “just and reasonable regulations and practices”. |
| 216(c) | “reasonable through rates and joint rates, charges, and classifications”, “just and reasonable regulations and practices”, “just, reasonable, and equitable divisions”, “unduly prefer or prejudice”. |
| 216(d) | “just and reasonable [charges]”, “unjust and unreasonable charge”, “undue or unreasonable preference or advantage”, “unjust discrimination”, “undue or unreasonable prejudice or disadvantage”. |
| 216(e) | “unjust or unreasonable [rate, fare, charge, classification, rule, regulation, or practice of a service]”, “unjustly discriminatory or unduly preferential or unduly prejudicial”, “lawful rate, fare, or charge or the maximum or minimum rate, fare, or charge”, “lawful classification, rule, regulation, or practice”. |
| 216(f) | division of joint rates, fares, and charges: “unjust, unreasonable, inequitable, or unduly preferential or prejudicial”, “just, reasonable, and equitable divisions”. |
| 216(g) | “lawfulness of such rate, fare, or charge, or such rule, regulation, or practice”, “proposed changed rate, fare, charge, classification, rule, regulation, or practice is just and reasonable”. |
| 216(h) | “justness and reasonableness of any rate, fare, or charge”. |
| 216(i) | “just and reasonable rates, fares, and charges . . . and classifications, regulations, and practices”. |
| 218(a) | “reasonable minimum rates and charges”, “reasonable regulations and practices”. |
| 218(b) | “just and reasonable minimum rate or charge, or such rule, regulation, or practice”. |
| 218(c) | “lawfulness of such charge, or such rule, regulation, or practice”. |
| 221(a) | “lawfulness of rates, fares, charges, classifications, or practices”. |
| 304(c) | “just and reasonable classifications of groups of carriers”. |
| 304(d) | “undue disadvantage”. |
| 305(a) | “just and reasonable rates, fares, charges, and classifications, and just and reasonable regulations and practices”, “unjust and unreasonable charge [for a service]”. |
| 305(b) | “reasonable through routes”, “just and reasonable rates, fares, charges, and classifications”, “reasonable facilities”, “reasonable rules and regulations”, “reasonable through routes and rates, fares, charges, and classifications”, “just, reasonable, and equitable divisions”. |
| 305(c) | “undue or unreasonable preference or advantage”, “unjust discrimination or any undue or unreasonable prejudice or advantage, or an unfair or destructive competitive practice”. |
| 305(d) | “reasonable, proper, and equal facilities”, “not discriminate [in rates, fares, and charges], or unduly prejudice . . .”. |
| 306(e) | “reasonable minimum rates and charges”, “reasonable regulations, and practices”, “reasonable minimum rates and charges”. |
| 307(b) | “unjust or unreasonable [rate, fare, charge, regulation, practice, or classification]”, “unjustly discriminatory or unduly preferential or prejudicial”, “lawful rates, fare, or charge or the maximum or minimum”, “lawful regulation, practice, or classification”. |
| 307(c) | “justness or reasonableness of any rate, fare, or charge”. |
| 307(d) | “reasonable differentials”. |
| 307(e) | division of joint rates: “unjust, unreasonable, inequitable, or unduly preferential or prejudicial”, “just, reasonable, and equitable divisions”. |
| 307(f) | “just and reasonable rates, fares, and charges, . . . and classifications, regulations, and practices”. |
| 307(g) | “lawfulness of such rate, fare, charge, classification, regulation, or practice”. |
| 307(h) | “just and reasonable minimum rate or charge, or such rule, regulation, or practice”, “no advantage or preference”. |
| 307(i) | “lawfulness of such charge, or such rule, regulation, or practice”. |
| 314 | “just and reasonable [charge or allowance]”, “reasonable charge”. |
| 315(a) | “lawfulness of rates, fares, charges, classifications, or practices”. |
| 316(b) | “reasonableness of rates, fares, or charges, and the discriminatory character thereof”. |
| 403(b) | “reasonable requirements” for service. |
| 404(a) | “just and reasonable rates and charges”, “just and reasonable classifications, regulations, and practices”, “unjust or unreasonable rate, charge, classification, regulation, or practice”. |
| 404(b) | “undue or unreasonable preference or advantage”, “unjust discrimination or any undue or unreasonable prejudice or disadvantage”. |
| 404(c) | “undue or unreasonable preference or advantage”, “undue or unreasonable prejudice or disadvantage”. |
| 405(c) | rates or charges “lawfully in effect”. |
| 406(b) | rate or charge: “unjust or unreasonable or unjustly discriminatory, or unduly preferential or prejudicial”, “lawful” rate, charge, maximum, minimum, classification, regulation, or practice. |
| 406(c) | “justness or reasonableness of any rate or charge”. |
| 406(d) | “just and reasonable rates and charges . . ., and classifications, regulations and practices”. |
| 406(e) | “lawfulness” of the rate, charge, classification, regulation, or practice. |
| 406(f) | “rate, charge, classification, regulation, or practice causes any undue or unreasonable advantage, preference, or prejudice”, “undue, unreasonable, or unjust discrimination against interstate commerce”. |
| 406a(5) | “unjust and unreasonable [charges], or unjustly discriminatory or unduly preferential or unduly prejudicial”. |
| 409(a) | “just, reasonable, and equitable terms, conditions, and compensation which shall not unduly prefer or prejudice”. |
| 414 | “unjust discrimination or undue preference or prejudice”. |
| 415 | “just and reasonable” charges and allowances. |
| 416(a) | “lawfulness of rates, charges, classifications, or practices”. |
The Bus Regulatory Reform Act of 1982, referred to in subsec. (a)(3), is Pub. L. 97–261, Sept. 20, 1982, 96 Stat. 1102. For complete classification of this Act to the Code, see Short Title of 1982 Amendment note below and Tables.
1994—Subsec. (a)(2). Pub. L. 103–311 added subpars. (A) and (B) and redesignated former subpars. (A) to (I) as (C) to (K), respectively.
1982—Subsec. (a). Pub. L. 97–261 redesignated pars. (1) through (6) as subpars. (A) through (F), respectively, of par. (1), and par. (7) as par. (2), in par. (2) as so redesignated, substituted “in regulating transportation by motor carrier” for “with respect to transportation of property by motor carrier” at beginning of par., in subpar. (A) inserted “passengers,” after “receivers,”, in subpar. (B) substituted “shipping and traveling public” for “shipping public”, in subpar. (E) inserted “and intrastate bus services” after “shippers”, added subpar. (F), redesignated former subpars. (F) through (H) as (G) through (I), respectively, and added par. (3).
1980—Subsec. (a). Pub. L. 96–448 substituted “Except where policy has an impact on rail carriers, in which case the principles of section 10101a of this title shall govern, to ensure” for “To ensure”.
Subsec. (a)(7). Pub. L. 96–296 added par. (7).
Section 212 of title II of Pub. L. 103–311 provided that: “This title [see Short Title of 1994 Amendment note below] and the amendments made by this title shall take effect upon the enactment of this Act [Aug. 26, 1994], except for sections 207 and 208 [amending sections 10922 and 10923 of this title], which shall take effect on January 1, 1995.”
Section 31 of Pub. L. 97–261 provided that:
“(a) Except as provided in subsections (b) and (c) of this section, this Act [see Short Title of 1982 Amendment note below] shall take effect on the 60th day after the date of enactment of this Act [Sept. 20, 1982].
“(b) The amendment made by section 10(e)(4) of this Act [amending provisions set out as a note under section 10706 of this title] shall take effect on October 1, 1982.
“(c) The provisions of sections 6(g) and 30 of this Act [amending sections 10922 and 10525 of this title, respectively] shall take effect on the date of enactment of this Act [Sept. 20, 1982].”
Section 710 of Pub. L. 96–448 provided that:
“(a) Except as provided in subsections (b), (c), and (d) of this section, the provisions of this Act and the amendments made by this Act [see Short Title of 1980 Amendments note below] shall take effect on October 1, 1980.
“(b) Section 206 of this Act [enacting section 10712 of this title] shall take effect on January 1, 1981.
“(c) Section 218(b) of this Act [amending section 10705 of this title] shall take effect on October 1, 1983.
“(d) Section 701 of this Act [enacting section 1018 of Title 45, Railroads, and amending sections 231f, 825, 906, 913, 914, 1002, 1005, 1007, and 1008 of Title 45] shall take effect on the date of enactment of this Act [Oct. 14, 1980].”
Section 201 of title II of Pub. L. 103–311 provided that: “This title [enacting section 10936 of this title, amending this section and sections 10102, 10505, 10521, 10702, 10761, 10762, 10922, 10923, 10925, and 11501 of this title, and enacting provisions set out as notes under this section] may by cited as the ‘Trucking Industry Regulatory Reform Act of 1994’.”
Pub. L. 103–180, §1, Dec. 3, 1993, 107 Stat. 2044, provided that: “This Act [enacting sections 10767 and 11712 of this title, amending sections 10701, 10702, 10762, 11101, 11706, 11901, and 11909 of this title, and enacting provisions set out as notes under section 10701 of this title] may be cited as the ‘Negotiated Rates Act of 1993’.”
Pub. L. 99–521, §1, Oct. 22, 1986, 100 Stat. 2993, provided that: “This Act [amending sections 10102, 10328, 10329, 10521, 10523, 10561, 10703, 10704, 10706, 10708, 10722, 10725, 10730, 10741, 10743, 10749, 10762, 10766, 10923, 10925 to 10927, 10930, 10933, 11101, 11127, 11141, 11323, 11501, 11505, 11701, 11705 to 11708, 11904, and 11908 to 11910 of this title, section 250 of Title 26, Internal Revenue Code, and section 5201 of Title 39, Postal Service, repealing section 10562 of this title, and enacting provisions set out as notes under this section and section 10102 of this title] may be cited as the ‘Surface Freight Forwarder Deregulation Act of 1986’.”
Section 1 of Pub. L. 97–261 provided: “That this Act [enacting sections 10935 and 11111 of this title, amending this section, sections 10102, 10321, 10322, 10328, 10521, 10525, 10526, 10701, 10704, 10706, 10708, 10722, 10723, 10762, 10922, 10923, 10924, 10925, 10927, 10928, 11341, 11343, 11344, 11345a, 11348, 11501, 11503a, 11504, 11702, 11711, 11901, 11905, and 11911 of this title, section 77c of Title 15, Commerce and Trade, section 250 of Title 26, Internal Revenue Code, and section 5201 of Title 39, Postal Service, repealing section 11302 of this title, enacting provisions set out as notes under this section and sections 10706, 10927, 10935, 11111, and 11501 of this title, and amending a provision set out as a note under section 10706 of this title] may be cited as the ‘Bus Regulatory Reform Act of 1982’.”
Pub. L. 96–454, §1, Oct. 15, 1980, 94 Stat. 2011, provided: “That this Act [enacting sections 10735, 10934, 11110, 11711, and 11917 of this title, amending sections 10102, 10322, 10526, 10528, 10721, 10922, 11342, 11348, and 11901 of this title, section 250 of Title 26, Internal Revenue Code, section 2342 of Title 28, Judiciary and Judicial Procedure, and section 5201 of Title 39, Postal Service, and enacting provisions set out as notes under this section and sections 11110 and 11711 of this title] may be cited as the ‘Household Goods Transportation Act of 1980’.”
Section 1 of Pub. L. 96–448 provided that: “This Act [enacting sections 10101a, 10701a, 10705a, 10707a, 10712, 10713, 10734, 10910, 11161 to 11168, and 11913a of this title, section 1654a of the Appendix to this title, and sections 780 and 1018 of Title 45, Railroads, amending this section and sections 10103, 10501, 10505, 10701, 10704 to 10707, 10709, 10726, 10730, 10731, 10741, 10751, 10762, 10901, 10903 to 10905, 11101, 11103, 11122, 11123, 11142, 11344, 11345, 11501, 11707, and 11910 of this title, sections 1170 and 1172 of Title 11, Bankruptcy, sections 231f, 563, 702, 711, 720, 721, 724, 726, 745, 771, 774, 775, 777, 779, 821, 825 to 829, 831, 906, 913, 914, 1002, 1005, 1007, and 1008 of Title 45, repealing sections 10727 and 10729 of this title, and enacting provisions set out as notes under this section, sections 10101a, 10311, 10701a, 10705a, 10706, 10707a, 10729, 10751, 10906, 11343, and 11707 of this title, and sections 747, 779, 831, and 1001 of Title 45] may be cited as the ‘Staggers Rail Act of 1980’.”
Section 1 of Pub. L. 96–296 provided: “That this Act [enacting sections 10527 to 10529, 10732, 10733, 10751, 11109, 11503a, 11345a, and 11902a of this title, amending this section, sections 10102, 10322, 10324, 10327, 10344, 10521, 10524, 10526, 10701, 10703 to 10706, 10708, 10730, 10741, 10749, 10761, 10762, 10766, 10922 to 10925, 10927, 10928, 10930, 11107, 11144, 11145, 11302, 11342, 11343, 11701, 11702, and 11707 of this title, and section 1114 of Title 18, Crimes and Criminal Procedure, repealing sections 10323 and 10325 of this title, and enacting provisions set out as notes under this section and sections 10527, 10706, 10921, and 10927 of this title] may be cited as the ‘Motor Carrier Act of 1980’.”
Pub. L. 99–521, §14, Oct. 22, 1986, 100 Stat. 2999, provided that: “Nothing in this Act (including any amendment made by this Act) [see Short Title of 1986 Amendment note above] shall be construed to limit or otherwise affect the authority of the Secretary of Transportation to regulate a freight forwarder and the transportation the freight forwarder uses (whether or not such transportation is provided by a carrier subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of title 49, United States Code).”
Pub. L. 99–521, §3, Oct. 22, 1986, 100 Stat. 2993, provided that: “The Congress finds that—
“(1) a safe, sound, and competitive surface freight forwarder industry is important to the national transportation system;
“(2) the statutes governing Federal regulation of the freight forwarder industry are outdated and must be revised to reflect present and future transportation needs and realities;
“(3) protective regulation has resulted in anticompetitive pricing and has restricted the range of price and service options available to shippers;
“(4) in order to reduce the uncertainty experienced by the Nation's transportation industries, the Interstate Commerce Commission's remaining responsibilities for the regulation of surface freight forwarders should be eliminated in accordance with this Act [see Short Title of 1986 Amendment note above]; and
“(5) legislative and resulting changes should be implemented with the least amount of disruption consistent with achieving the reforms enacted.”
Sections 3, 4 of Pub. L. 97–261 provided that:
Pub. L. 96–454, §2, Oct. 15, 1980, 94 Stat. 2011, provided that:
“(a) The Congress hereby finds—
“(1) that a safe, stable, and financially sound system of transportation of household goods by motor common carriers is vital to the maintenance of a strong national economy and a strong national defense;
“(2) that the best means of assuring such a system is through competition and reduced regulation;
“(3) that maximum flexibility on the part of the carriers in the pricing of their services best serves the shippers of household goods and allows a variety of quality and price options to meet market demands; and
“(4) that the interest of individual shippers can be best protected by allowing carriers of household goods maximum flexibility in serving the needs of their shippers, by providing accurate and complete information concerning carriers’ performance and individual shippers’ rights and remedies, by reducing the amount of unnecessary regulations, and by strengthening remedies for violations of those regulations that are necessary for protection of individual shippers.
“(b) The appropriate authorizing committees of Congress shall conduct periodic oversight hearings on the effects of this legislation, no less than annually for the first 5 years following the date of enactment of this Act [Oct. 15, 1980], to ensure that this Act [see Short Title of 1980 Amendment note set out above] is being implemented according to congressional intent and purpose.”
Section 3 of Pub. L. 96–296 provided that:
“(a) The Congress hereby finds that a safe, sound, competitive, and fuel efficient motor carrier system is vital to the maintenance of a strong national economy and a strong national defense; that the statutes governing Federal regulation of the motor carrier industry are outdated and must be revised to reflect the transportation needs and realities of the 1980's; that historically the existing regulatory structure has tended in certain circumstances to inhibit market entry, carrier growth, maximum utilization of equipment and energy resources, and opportunities for minorities and others to enter the trucking industry; that protective regulation has resulted in some operating inefficiencies and some anticompetitive pricing; that in order to reduce the uncertainty felt by the Nation's transportation industry, the Interstate Commerce Commission should be given explicit direction for regulation of the motor carrier industry and well-defined parameters within which it may act pursuant to congressional policy; that the Interstate Commerce Commission should not attempt to go beyond the powers vested in it by the Interstate Commerce Act [Feb. 4, 1887, ch. 104, 24 Stat. 379, which was repealed and is covered by this subtitle] and other legislation enacted by Congress; and that legislative and resulting changes should be implemented with the least amount of disruption to the transportation system consistent with the scope of the reforms enacted.
“(b) The appropriate authorizing committees of Congress shall conduct periodic oversight hearings on the effects of this legislation, no less than annually for the first 5 years following the date of enactment of this Act [July 1, 1980], to ensure that this Act [see Short Title of 1980 Amendment note set out above] is being implemented according to congressional intent and purpose.”
Section 203 of title II of Pub. L. 103–311 provided that: “The purpose of this title [see Short Title of 1994 Amendment note above] is to enhance competition, safety, and efficiency in the motor carrier industry and to enhance efficiency in government.”
Pub. L. 99–521, §2, Oct. 22, 1986, 100 Stat. 2993, provided that: “This Act [see Short Title of 1986 Amendment note above] is part of the continuing effort by Congress to reduce burdensome and unnecessary government regulations and to ensure the competitiveness and efficacy of transportation services of surface freight forwarders in the United States.”
Section 2 of Pub. L. 97–261 provided that: “This Act [see Short Title of 1982 Amendment note above] is part of the continuing effort by Congress to reduce unnecessary and burdensome Government regulation.”
Section 2 of Pub. L. 96–296 provided that: “This Act [see Short Title of 1980 Amendment note set out above] is part of the continuing effort by Congress to reduce unnecessary regulation by the Federal Government.”
This section is referred to in sections 302, 10321, 10505, 10525, 10526, 10544, 10702, 10704, 10706, 10708, 10721, 10761, 10762, 10766, 10922, 10923, 10924, 10930, 10933, 10935, 11108, 11343 of this title; title 33 section 1803.
In regulating the railroad industry, it is the policy of the United States Government—
(1) to allow, to the maximum extent possible, competition and the demand for services to establish reasonable rates for transportation by rail;
(2) to minimize the need for Federal regulatory control over the rail transportation system and to require fair and expeditious regulatory decisions when regulation is required;
(3) to promote a safe and efficient rail transportation system by allowing rail carriers to earn adequate revenues, as determined by the Interstate Commerce Commission;
(4) to ensure the development and continuation of a sound rail transportation system with effective competition among rail carriers and with other modes, to meet the needs of the public and the national defense;
(5) to foster sound economic conditions in transportation and to ensure effective competition and coordination between rail carriers and other modes;
(6) to maintain reasonable rates where there is an absence of effective competition and where rail rates provide revenues which exceed the amount necessary to maintain the rail system and to attract capital;
(7) to reduce regulatory barriers to entry into and exit from the industry;
(8) to operate transportation facilities and equipment without detriment to the public health and safety;
(9) to cooperate with the States on transportation matters to assure that intrastate regulatory jurisdiction is exercised in accordance with the standards established in this subtitle;
(10) to encourage honest and efficient management of railroads and, in particular, the elimination of noncompensatory rates for rail transportation;
(11) to require rail carriers, to the maximum extent practicable, to rely on individual rate increases, and to limit the use of increases of general applicability;
(12) to encourage fair wages and safe and suitable working conditions in the railroad industry;
(13) to prohibit predatory pricing and practices, to avoid undue concentrations of market power and to prohibit unlawful discrimination;
(14) to ensure the availability of accurate cost information in regulatory proceedings, while minimizing the burden on rail carriers of developing and maintaining the capability of providing such information; and
(15) to encourage and promote energy conservation.
(Added Pub. L. 96–448, title I, §101(a), Oct. 14, 1980, 94 Stat. 1897.)
Section effective Oct. 1, 1980, see section 710(a) of Pub. L. 96–448, set out as an Effective Date of 1980 Amendment note under section 10101 of this title.
Section 2 of Pub. L. 96–448 provided that: “The Congress hereby finds that—
“(1) historically, railroads were the essential factor in the national transportation system;
“(2) the enactment of the Interstate Commerce Act [Feb. 4, 1887, ch. 104, 24 Stat. 379, which was repealed and is covered by this subtitle] was essential to prevent an abuse of monopoly power by railroads and to establish and maintain a national railroad network;
“(3) today, most transportation within the United States is competitive;
“(4) many of the Government regulations affecting railroads have become unnecessary and inefficient;
“(5) nearly two-thirds of the Nation's intercity freight is transported by modes of transportation other than railroads;
“(6) earnings by the railroad industry are the lowest of any transportation mode and are insufficient to generate funds for necessary capital improvements;
“(7) by 1985, there will be a capital shortfall within the railroad industry of between $16,000,000,000 and $20,000,000,000;
“(8) failure to achieve increased earnings within the railroad industry will result in either further deterioration of the rail system or the necessity for additional Federal subsidy; and
“(9) modernization of economic regulation for the railroad industry with a greater reliance on the marketplace is essential in order to achieve maximum utilization of railroads to save energy and combat inflation.”
Section 3 of Pub. L. 96–448 provided that: “The purpose of this Act [see Short Title of 1980 Amendment note set out under section 10101 of this title] is to provide for the restoration, maintenance, and improvement of the physical facilities and financial stability of the rail system of the United States. In order to achieve this purpose, it is hereby declared that the goals of this Act are—
“(1) to assist the railroads of the Nation in rehabilitating the rail system in order to meet the demands of interstate commerce and the national defense;
“(2) to reform Federal regulatory policy so as to preserve a safe, adequate, economical, efficient, and financially stable rail system;
“(3) to assist the rail system to remain viable in the private sector of the economy;
“(4) to provide a regulatory process that balances the needs of carriers, shippers, and the public; and
“(5) to assist in the rehabilitation and financing of the rail system.”
This section is referred to in sections 302, 10101, 10505, 10705a, 10706, 10707a, 10712 of this title.
In this subtitle—
(1) “broker” means a person, other than a motor carrier or an employee or agent of a motor carrier, that as a principal or agent sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise as selling, providing, or arranging for, transportation by motor carrier for compensation.
(2) “carrier” means a common carrier and a contract carrier.
(3) “car service” includes (A) the use, control, supply, movement, distribution, exchange, interchange, and return of locomotives, cars, other vehicles, and special types of equipment used in the transportation of property by a rail carrier, and (B) the supply of trains by a rail carrier.
(4) “common carrier” means an express carrier, a pipeline carrier, a rail carrier, a sleeping car carrier, a motor common carrier, a water common carrier, and a household goods freight forwarder.
(5) “commuter bus operations” means short-haul regularly scheduled passenger service provided by motor vehicle in metropolitan and suburban areas, whether within or across the geographical boundaries of a State, and utilized primarily by passengers using reduced-fare, multiple-ride, or commutation tickets during morning and evening peak period operations.
(6) “contract carrier” means a motor contract carrier and a water contract carrier.
(7) “control”, when referring to a relationship between persons, includes actual control, legal control, and the power to exercise control, through or by (A) common directors, officers, stockholders, a voting trust, or a holding or investment company, or (B) any other means.
(8) “express carrier” means a person providing express transportation for compensation.
(9) “freight forwarder” means a person holding itself out to the general public (other than as an express, pipeline, rail, sleeping car, motor, or water carrier) to provide transportation of property for compensation and in the ordinary course of its business—
(A) assembles and consolidates, or provides for assembling and consolidating, shipments and performs or provides for break-bulk and distribution operations of the shipments;
(B) assumes responsibility for the transportation from the place of receipt to the place of destination; and
(C) uses for any part of the transportation a carrier subject to the jurisdiction of the Interstate Commerce Commission under subchapter I, II, or III of chapter 105 of this title.
Such term does not include a person using transportation of an air carrier subject to part A of subtitle VII of this title.
(10) “highway” means a road, highway, street, and way in a State.
(11) “household goods” means—
(A) personal effects and property used or to be used in a dwelling when a part of the equipment or supply of such dwelling and such other similar property as the Commission may provide by regulation; except that this subparagraph shall not be construed to include property moving from a factory or store, except such property as the householder has purchased with intent to use in his dwelling and which is transported at the request of, and the transportation charges paid to the carrier by, the householder;
(B) furniture, fixtures, equipment, and the property of stores, offices, museums, institutions, hospitals or other establishments when a part of the stock, equipment, or supply of such stores, offices, museums, institutions, hospitals, or other establishments and such other similar property as the Commission may provide by regulation; except that this subparagraph shall not be construed to include the stock-in-trade of any establishment, whether consignor or consignee, other than used furniture and used fixtures, except when transported as incidental to moving of the establishment, or a portion thereof, from one location to another; and
(C) articles, including objects of art, displays, and exhibits, which because of their unusual nature or value require the specialized handling and equipment usually employed in moving household goods and such other similar articles as the Commission may provide by regulation; except that this subparagraph shall not be construed to include any article, whether crated or uncrated, which does not, because of its unusual nature or value, require the specialized handling and equipment usually employed in moving household goods.
(12) “household goods freight forwarder” means a freight forwarder of one or more of the following items: household goods, unaccompanied baggage, or used automobiles.
(13) “individually determined rate, classification, rule, or practice” means a rate, classification, rule, or practice established by—
(A) a single motor common carrier for application to transportation that it can provide over its line; or
(B) 2 or more interlining carriers without participation in an organization established or continued under an agreement approved under section 10706(b) for application to transportation that the interlining carriers can provide jointly over their lines.
(14) “motor carrier” means a motor common carrier and a motor contract carrier.
(15) “motor common carrier” means a person holding itself out to the general public to provide motor vehicle transportation for compensation over regular or irregular routes, or both.
(16) “motor contract carrier” means—
(A) a person, other than a motor common carrier, providing motor vehicle transportation of passengers for compensation under continuing agreements with a person or a limited number of persons—
(i) by assigning motor vehicles for a continuing period of time for the exclusive use of each such person; or
(ii) designed to meet the distinct needs of each such person; and
(B) a person providing motor vehicle transportation of property for compensation under continuing agreements with one or more persons—
(i) by assigning motor vehicles for a continuing period of time for the exclusive use of each such person; or
(ii) designed to meet the distinct needs of each such person.
(17) “motor private carrier” means a person, other than a motor carrier, transporting property by motor vehicle when—
(A) the transportation is as provided in section 10521(a)(1) and (2) of this title;
(B) the person is the owner, lessee, or bailee of the property being transported; and
(C) the property is being transported for sale, lease, rent, or bailment, or to further a commercial enterprise.
(18) “motor vehicle” means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on a highway in transportation, or a combination determined by the Commission, but does not include a vehicle, locomotive, or car operated only on a rail, or a trolley bus operated by electric power from a fixed overhead wire, and providing local passenger transportation similar to street-railway service.
(19) “non-contiguous domestic trade” means motor-water transportation subject to the jurisdiction of the Commission under chapter 105 of this title involving traffic originating in or destined to Alaska, Hawaii, or a territory or possession of the United States.
(20) “person”, in addition to its meaning under section 1 of title 1, includes a trustee, receiver, assignee, or personal representative of a person.
(21) “pipeline carrier” means a person providing pipeline transportation for compensation.
(22) “rail carrier” means a person providing railroad transportation for compensation.
(23) “railroad” includes—
(A) a bridge, car float, lighter, and ferry used by or in connection with a railroad;
(B) the road used by a rail carrier and owned by it or operated under an agreement; and
(C) a switch, spur, track, terminal, terminal facility, and a freight depot, yard, and ground, used or necessary for transportation.
(24) “rate” means a rate, fare, or charge for transportation.
(25) “sleeping car carrier” means a person providing sleeping car transportation for compensation.
(26) “State” means a State of the United States and the District of Columbia.
(27) “tariff”, when used in reference to a contract carrier, means a schedule.
(28) “transportation” includes—
(A) a locomotive, car, vehicle, motor vehicle, vessel, warehouse, wharf, pier, dock, yard, property, facility, instrumentality, or equipment of any kind related to the movement of passengers or property, or both, regardless of ownership or an agreement concerning use; and
(B) services related to that movement, including receipt, delivery, elevation, transfer in transit, refrigeration, icing, ventilation, storage, handling, and interchange of passengers and property.
(29) “United States” means the States of the United States and the District of Columbia.
(30) “vessel” means a watercraft or other artificial contrivance that is used, is capable of being used, or is intended to be used, as a means of transportation by water.
(31) “water carrier” means a water common carrier and a water contract carrier.
(32) “water common carrier” means a person holding itself out to the general public to provide water transportation for compensation.
(33) “water contract carrier” means a person, other than a water common carrier, providing water transportation for compensation under an agreement with another person, including transportation on a vessel provided to a person other than a carrier subject to the jurisdiction of the Commission under this subtitle when the vessel is used to transport only the property of the other person.
(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1338; Pub. L. 96–296, §10(a)(1), July 1, 1980, 94 Stat. 799; Pub. L. 96–454, §3(a), Oct. 15, 1980, 94 Stat. 2011; Pub. L. 97–261, §6(d)(1), Sept. 20, 1982, 96 Stat. 1107; Pub. L. 99–521, §4, Oct. 22, 1986, 100 Stat. 2993; Pub. L. 103–272, §5(m)(13), July 5, 1994, 108 Stat. 1377; Pub. L. 103–311, title II, §§205(b), 206(f), Aug. 26, 1994, 108 Stat. 1683, 1686.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10102(1) | 49:303(a)(18). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §203(a)(1), (8), (9), (12), (13), (14) (less exception), (15), (16), (17), (18), (19); added Aug. 9, 1935, ch. 498, §1, 49 Stat. 544; June 29, 1938, ch. 811, §2, 52 Stat. 1237; Sept. 18, 1940, ch. 722, §18, 54 Stat. 920; Sept. 1, 1950, ch. 835, §1(a), 64 Stat. 574; Aug. 22, 1957, Pub. L. 85–163, §1(1), 71 Stat. 411. |
| 10102(2) | (No source). | |
| 10102(3) | 49:1(10). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §1(10); added May 29, 1917, ch. 23, §1, 40 Stat. 101; restated Feb. 28, 1920, ch. 91, §402, 41 Stat. 476; Aug. 9, 1935, ch. 498, §1, 49 Stat. 543. |
| 10102(4) | 49:1(3)(a) (1st sentence). | Feb. 4, 1887, ch. 104, §1(3)(a), 24 Stat. 379; restated June 29, 1906, ch. 3591, §1, 34 Stat. 584; restated Feb. 28, 1920, ch. 91, §400, 41 Stat. 474; June 19, 1934, ch. 652, §602(b), 48 Stat. 1102; Aug. 9, 1935, ch. 498, §1, 49 Stat. 543; Sept. 18, 1940, ch. 722, §2(a), 54 Stat. 899. |
| 49:303(a)(14) (less exception). | ||
| 49:902(d) (less exception). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §302(a), (c), (d) (less exception), (e) (1st and 2d sentences), (f), (g), (h), (j), (k), (l), (m); added Sept. 18, 1940, ch. 722, §201, 54 Stat. 929. | |
| 49:1002(a)(5). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §402(a)(1), (3), (4), (5), (8); added May 16, 1942, ch. 318, §1, 56 Stat. 284; Dec. 20, 1950, ch. 1140, §1, 64 Stat. 1113. | |
| 10102(5) | (No source). | |
| 10102(6) | 49:1(3)(b). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §1(3)(b); added Sept. 18, 1940, ch. 722, §2(b), 54 Stat. 899. |
| 49:1002(a)(8). | ||
| 10102(7) | 49:1(3)(a) (1st sentence related to express carriers), (2d sentence). | |
| 49:303(a)(9). | ||
| 10102(8) | 49:1002(a)(5). | |
| 10102(9) | 49:303(a)(12). | |
| 10102(10) | 49:303(a)(16). | |
| 10102(11) | 49:303(a)(14) (less exception). | |
| 49:902(m). | ||
| 10102(12) | 49:303(a)(15). | |
| 10102(13) | 49:303(a)(17). | |
| 10102(14) | 49:303(a)(13). | |
| 10102(15) | 49:1(3)(a) (last sentence). | |
| 49:303(a)(1). | ||
| 49:902(a). | ||
| 49:1002(a)(1). | ||
| 10102(16) | 49:1(3)(a) (1st sentence related to pipeline carriers), (2d sentence). | |
| 10102(17) | 49:1(3)(a) (2d sentence). | |
| 49:902(1). | ||
| 10102(18) | 49:1(3)(a) (3d sentence). | |
| 10102(19) | 49:1(5)(c)(ii). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §1(5)(c)(ii); added Feb. 5, 1976, Pub. L. 94–210, §202(b), 90 Stat. 35. |
| 10102(20) | 49:1(3)(a) (1st sentence related to sleeping car carriers), (2d sentence). | |
| 10102(21) | 49:303(a)(8). 49:902(k). |
|
| 49:1002(a)(3). | ||
| 10102(22) | (No source). | |
| 10102(23) | 49:1(3)(a) (4th sentence). | |
| 49:303(a)(19). | ||
| 49:902(g), (h). | ||
| 10102(24) | 49:902(j). 49:1002(a)(4). |
|
| 10102(25) | 49:902(f). | |
| 10102(26). | 49:902(c). | |
| 10102(27) | 49:902(d) (less exception). | |
| 10102(28) | 49:902(e) (1st and 2d sentences). |
In clause (1), the words “bona fide” are omitted for consistency and as being unnecessary. The words “transportation by motor carrier” are substituted for “transportation subject to this chapter” and “such transportation” for clarity and because the jurisdiction of the Commission is stated separately in chapter 105 of the revised title and is unnecessary to be referred to in a definition. The words “furnishes, contracts” are omitted for consistency and as being surplus.
Clauses (2) and (4) are included because a number of the provisions of the subtitle relate to all carriers and all common carriers, respectively, subject to the jurisdiction of the Commission, and the terms “common carriers” and “carrier” provide simple phrases to refer to those carriers.
In clause (3), the words “subject to this chapter” are omitted as unnecessary in the definition and because the jurisdiction of the Commission is stated separately in chapter 105 of the revised title.
Clause (5) is included because a number of the provisions of the subtitle relate to motor contract carriers and water contract carriers, and the term “contract carrier” provides a simple phrase to refer to both of those kinds of carriers.
In clause (6), the words “or persons”, “shall be construed to”, “or trusts”, “or companies”, and “direct or indirect” are omitted for consistency and as being surplus. The words “reason of the method of or circumstances surrounding organization or operation, through or by” are omitted as unnecessary as being included in the words “power to exercise control”. In 49:1(3)(b), the phrase “For the purposes of sections 5, 12(1), 20, 304(a)(7), 310, 320, 904(b), 910, and 913 of this title” is omitted for consistency and as being unnecessary because the sections referred to, and 49:1002(a)(8), have the effect of applying the “control” definition to the subtitle.
In clauses (7), (16), (17), and (20), the words “for compensation” are substituted for “for hire” for consistency.
In clause (7), the words “natural or artificial” are omitted as surplus in view of the definition of “person” in this section and in section 1 of title 1. The words “providing express transportation” are substituted for “engaged in such transportation as aforesaid” in view of chapter 105 of the revised title.
In clause (8), the words “to transport or” are omitted as surplus because of the use of the broader phrase “provide transportation”. The words “or any class or classes of property, . . . in interstate commerce” are omitted as unnecessary in view of the restatement of the various definitions of “interstate commerce” and “foreign commerce” as grants of jurisdiction to the Commission. The words “ordinary course of its business” are substituted for “ordinary and usual course of its undertaking” for clarity. The word “place” is substituted for “point” for consistency.
In clause (11), the words “in interstate or foreign commerce of passengers or property or any class or classes thereof” are omitted as unnecessary in view of the restatement of the various definitions of “interstate commerce” and “foreign commerce” as grants of jurisdiction to the Commission under chapter 105 of the revised title. The words “or both” are inserted for clarity.
In clause (12), the words “of passengers or property in interstate or foreign commerce” are omitted for consistency and as being unnecessary in view of the restatement of the various definitions of “interstate commerce” and “foreign commerce” as grants of jurisdiction to the Commission. The words “other than a motor common carrier” are substituted for “other than transportation referred to in paragraph (14) of this subsection” as being more precise. The words “and the exception therein” are omitted for consistency and as being unnecessary in view of the restatement of the exception in section 10502 of this title as a jurisdictional provision. The word “agreements” is substituted for “contracts” for consistency. The words “furnishing of transportation services” are omitted as surplus and for clarity. The words “each such person” are substituted for “each individual customer” for consistency within the clause.
In clause (13), the words “motor private carrier” are substituted for “private carrier of property by motor vehicle” for clarity. The words “other than a motor carrier” are substituted for “not included in the terms ‘common carrier by motor vehicle’ or ‘contract carrier by motor vehicle’ ” in view of the definition in clause (10) that includes both such carriers. The words “the purpose of” are omitted as surplus. The words “as provided in section 10521(a)(1) and (2) of this title” are substituted for “interstate or foreign commerce” in view of the codification of the latter term from 49:303(a)(10) and (11) in section 10521(a) of the revised title.
In clause (14), the words “or rails” are omitted as surplus. The words “of passengers or property” are omitted as unnecessary in view of the definition of transportation that includes passengers and property.
In clause (15), the words “in addition to its meaning under section 1 of title 1” are substituted for “includes an individual, firm, copartnership, corporation, company, association, or joint stock association” for consistency since section 1 of title 1, United States Code, is applicable to all laws unless otherwise provided.
In clause (18), the words “a contract” and “or lease” are omitted as unnecessary because they are included in the word “agreement”. The words “of every kind” are omitted as unnecessary. The words “persons or property” and “or delivery” are omitted as unnecessary because those terms are included in the definition of transportation.
In clause (19), the word “charge” is inserted for clarity. The definition is made applicable to the entire subtitle to eliminate repetition of the words “fares or charges”. The words “persons or property” are omitted as unnecessary in view of the definition of transportation that includes passengers and property.
In clause (22), the definition of the word “tariff” is added for clarity.
Clause (23) consolidates and restates the source provisions for clarity and consistency. The words “express or implied” are omitted as unnecessary and for consistency. In 49:1(3)(a) (4th sentence), the word “agreement” is substituted for “contract” for consistency. In 49:303(a)(19), the word “service” is omitted to provide only one defined term for consistency in the codification of the subtitle. In 49:303(a)(19), the words “in interstate or foreign commerce” are omitted for consistency and as being unnecessary in view of the restatement of the various definitions of “interstate commerce” and “foreign commerce” as grants of jurisdiction to the Commission under chapter 105 of the revised title. In 49:902(g), the words “of any kind” are omitted as unnecessary. In 49:902(h), the words “interchange of passengers and property” are substituted for “property transported or the interchange thereof with any other agency of transportation” for consistency and clarity.
In clause (25), the words “of whatever description” are omitted as unnecessary.
In clause (27), the words “in interstate or foreign commerce of passengers or property or any class or classes thereof” are omitted as unnecessary in view of the restatement of the various definitions of “interstate commerce” and “foreign commerce” as grants of jurisdiction to the Commission.
In clause (28), the words “other than a water common carrier” are substituted for “other than transportation referred to in paragraph (d) of this section” as being more precise. The words “and the exception therein” are omitted for consistency and as being unnecessary in view of the restatement of the exception in section 10502 of the title as a jurisdictional provisional provision. The words “contracts or” are omitted as surplus and for consistency. The words “of passengers or property in interstate or foreign commerce” are omitted as unnecessary in view of the restatement of the various definitions of “interstate commerce” and “foreign commerce” as grants of jurisdiction to the Commission.
1994—Par. (9). Pub. L. 103–272 substituted “part A of subtitle VII of this title” for “the Federal Aviation Act of 1958” in concluding provisions.
Pars. (13) to (17). Pub. L. 103–311, §206(f), added par. (13) and redesignated former pars. (13) to (16) as (14) to (17), respectively. Former par. (17) redesignated (18).
Par. (18). Pub. L. 103–311, §206(f)(1), redesignated par. (17) as (18). Former par. (18) redesignated (19).
Pub. L. 103–311, §205(b), added par. (18). Former par. (18) redesignated (19).
Pars. (19) to (32). Pub. L. 103–311, §206(f)(1), redesignated pars. (18) to (31) as (19) to (32), respectively. Former par. (32) redesignated (33).
Pub. L. 103–311, §205(b), redesignated pars. (18) to (31) as (19) to (32), respectively.
Par. (33). Pub. L. 103–311, §206(f)(1), redesignated par. (32) as (33).
1986—Par. (4). Pub. L. 99–521, §4(1), inserted “household goods” before “freight forwarder”.
Par. (9). Pub. L. 99–521, §4(2), inserted at end “Such term does not include a person using transportation of an air carrier subject to the Federal Aviation Act of 1958.”
Pars. (12) to (31). Pub. L. 99–521, §4(3), added par. (12) and redesignated pars. (12) to (30) as (13) to (31), respectively.
1982—Pars. (5) to (30). Pub. L. 97–261 added par. (5) and redesignated pars. (5) through (29) as (6) through (30), respectively.
1980—Par. (10). Pub. L. 96–454, §3(a)(1), added par. (10) relating to definition of “household goods”. Former par. (10) redesignated (11).
Par. (11). Pub. L. 96–454, §3(a)(2), redesignated par. (10) as (11). Former par. (11) redesignated (12).
Par. (12). Pub. L. 96–454, §3(a)(2), redesignated par. (11) as (12). Former par. (12) redesignated (13).
Pub. L. 96–296 included within definition of a motor contract carrier a person providing motor vehicle transportation of property for compensation under continuing agreements with one or more persons.
Pars. (13) to (29). Pub. L. 96–454, §3(a)(2), redesignated pars. (12) to (28) as (13) to (29), respectively.
Section 15 of Pub. L. 99–521 provided that: “This Act [amending this section, sections 10328, 10329, 10521, 10523, 10561, 10703, 10704, 10706, 10708, 10722, 10725, 10730, 10741, 10743, 10749, 10762, 10766, 10923, 10925 to 10927, 10930, 10933, 11101, 11127, 11141, 11323, 11501, 11505, 11701, 11705 to 11708, 11904, and 11908 to 11910 of this title, section 250 of Title 26, Internal Revenue Code, and section 5201 of Title 39, Postal Service, repealing section 10562 of this title, and enacting provisions set out as notes under section 10101 of this title] shall take effect sixty days after the date of the enactment of this Act [Oct. 22, 1986].”
Amendment by Pub. L. 97–261 effective on 60th day after Sept. 20, 1982, see section 31(a) of Pub. L. 97–261, set out as a note under section 10101 of this title.
This section is referred to in sections 501, 10761, 10762, 11126, 11711, 31501, 41713 of this title; title 18 section 921; title 29 section 186; title 39 section 5201; title 42 section 4917; title 45 sections 702, 741, 802, 1344.
Except as otherwise provided in this subtitle, the remedies provided under this subtitle are in addition to remedies existing under another law or at common law.
(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1340; Pub. L. 96–448, title II, §214(c)(2), Oct. 14, 1980, 94 Stat. 1915.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10103 | 49:20(11) (2d sentence, 1st proviso). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §20(11) (2d sentence, 1st proviso); added June 29, 1906, ch. 3591, §7, 34 Stat. 595; Mar. 4, 1915, ch. 176, §1, 38 Stat. 1196; Feb. 28, 1920, ch. 91, §436, 41 Stat. 494; Mar. 4, 1927, ch. 510, §3, 44 Stat. 1448; restated Apr. 23, 1930, ch. 208, §1, 46 Stat. 251. |
| 49:22(1) (1st sentence words between 5th and 6th semicolons). | Feb. 4, 1887, ch. 104, §22(1) (1st sentence words between 5th and 6th semicolons), 24 Stat. 387; restated Mar. 2, 1889, ch. 382, §9, 25 Stat. 862; Aug. 18, 1922, ch. 280, §1, 42 Stat. 827; Aug. 9, 1935, ch. 498, §1, 49 Stat. 543. | |
| 49:316(j), 317(b) (proviso). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §§216(j), 217(b) (proviso); added Aug. 9, 1935, ch. 498, §1, 49 Stat. 560, 561; Sept. 18, 1940, ch. 722, §22(e), 54 Stat. 925. | |
| 49:906(c) (proviso). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §306(c) (proviso); added Sept. 18, 1940, ch. 722, §201, 54 Stat. 935. | |
| 49:1005(c) (proviso). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §405(c) (proviso); added May 16, 1942, ch. 318, §1, 56 Stat. 287. |
The section consolidates and restates the source provisions for clarity. The word “subtitle” is substituted for “chapter” in 49:22(1) to conform to the revised title. The words “and nothing in this chapter contained shall in any way abridge or alter the remedies now existing” in 49:22(1) are omitted as unnecessary and as being included in the words “are in addition to”. The word “law” is substituted for “statute” in 49:22(1) for consistency.
1980—Pub. L. 96–448 which purported to amend subsec. (a) of this section was executed to the text of this section by substituting “Except as otherwise provided in this subtitle, the remedies” for “The remedies” as the probable intent of Congress.
Amendment by Pub. L. 96–448 effective Oct. 1, 1980, see section 710(a) of Pub. L. 96–448, set out as a note under section 10101 of this title.