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49 U.S.C. § 10701 — Standards for rates, classifications, through routes, rules, and practices
Federal law — U.S. Code and appendices · legal_authorities
**(a)** A through route established by a rail carrier must be reasonable. Divisions of joint rates by rail carriers must be made without unreasonable discrimination against a participating carrier and must be reasonable.
**(b)** A rail carrier providing transportation subject to the jurisdiction of the Board under this part may not discriminate in its rates against a connecting line of another rail carrier providing transportation subject to the jurisdiction of the Board under this part or unreasonably discriminate against that line in the distribution of traffic that is not routed specifically by the shipper.
**(c)** Except as provided in subsection (d) of this section and unless a rate is prohibited by a provision of this part, a rail carrier providing transportation subject to the jurisdiction of the Board under this part may establish any rate for transportation or other service provided by the rail carrier.
**(d)**
(1) If the Board determines, under [section 10707 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10707&num=0&edition=prelim), that a rail carrier has market dominance over the transportation to which a particular rate applies, the rate established by such carrier for such transportation must be reasonable.
(2) In determining whether a rate established by a rail carrier is reasonable for purposes of this section, the Board shall give due consideration to—
(A) the amount of traffic which is transported at revenues which do not contribute to going concern value and the efforts made to minimize such traffic;
(B) the amount of traffic which contributes only marginally to fixed costs and the extent to which, if any, rates on such traffic can be changed to maximize the revenues from such traffic; and
(C)
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Stable record: federal_law:legal_authorities:record_usc_46dc5fe596964f0c83d4a3a1
Source file: Laws/federal/codes/united-states-code/title-49/section-10701-standards-for-rates-classifications-through-routes-rules-and-practices--706c9bec9a.md
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Passage SHA-256: ced76dac77382ab6ea6a1a32b3ed2dc4f7a34c43fb61ab850497ea117098c856
Source location: Title 49, Chapter 107, § 10701; chapter-107-rates.md
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**(a)** A through route established by a rail carrier must be reasonable. Divisions of joint rates by rail carriers must be made without unreasonable discrimination against a participating carrier and must be reasonable.
**(b)** A rail carrier providing transportation subject to the jurisdiction of the Board under this part may not discriminate in its rates against a connecting line of another rail carrier providing transportation subject to the jurisdiction of the Board under this part or unreasonably discriminate against that line in the distribution of traffic that is not routed specifically by the shipper.
**(c)** Except as provided in subsection (d) of this section and unless a rate is prohibited by a provision of this part, a rail carrier providing transportation subject to the jurisdiction of the Board under this part may establish any rate for transportation or other service provided by the rail carrier.
**(d)**
(1) If the Board determines, under [section 10707 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10707&num=0&edition=prelim), that a rail carrier has market dominance over the transportation to which a particular rate applies, the rate established by such carrier for such transportation must be reasonable.
(2) In determining whether a rate established by a rail carrier is reasonable for purposes of this section, the Board shall give due consideration to—
(A) the amount of traffic which is transported at revenues which do not contribute to going concern value and the efforts made to minimize such traffic;
(B) the amount of traffic which contributes only marginally to fixed costs and the extent to which, if any, rates on such traffic can be changed to maximize the revenues from such traffic; and
(C) the carrier’s mix of rail traffic to determine whether one commodity is paying an unreasonable share of the carrier’s overall revenues,
recognizing the policy of this part that rail carriers shall earn adequate revenues, as established by the Board under [section 10704(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10704/a/2&num=0&edition=prelim).
(3) The Board shall maintain 1 or more simplified and expedited methods for determining the reasonableness of challenged rates in those cases in which a full stand-alone cost presentation is too costly, given the value of the case.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Surface Transportation Board is an independent establishment of the United States Government.
**(b) Membership.—**
(1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party.
(2) At all times—
(A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and
(B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector.
(3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office.
(4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term.
(5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another busines
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1301
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In this section, “market dominance” means an absence of effective competition from other rail carriers or modes of transportation for the transportation to which a rate applies.
**(b)** When a rate for transportation by a rail carrier providing transportation subject to the jurisdiction of the Board under this part is challenged as being unreasonably high, the Board shall determine whether the rail carrier proposing the rate has market dominance over the transportation to which the rate applies. The Board may make that determination on its own initiative or on complaint. A finding by the Board that the rail carrier does not have market dominance is determinative in a proceeding under this part related to that rate or transportation unless changed or set aside by the Board or set aside by a court of competent jurisdiction.
**(c)** When the Board finds in any proceeding that a rail carrier proposing or defending a rate for transportation has market dominance over the transportation to which the rate applies, it may then determine that rate to be unreasonable if it exceeds a reasonable maximum for that transportation. However, a finding of market dominance does not establish a presumption that the proposed rate exceeds a reasonable maximum.
**(d)**
(1)
(A) In making a determination under this section, the Board shall find that the rail carrier establishing the challenged rate does not have market dominance over the transportation to which the rate applies if such rail carrier proves that the rate charged results in a revenue-variable cost percentage for such transportation that is less than 180 percent.
(B) For purposes of this section, variable costs for a rail carrier shall be determined only by using such carrier’s unadjusted costs, calculated using th
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10707
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The Board may, and shall when it considers it desirable in the public interest, prescribe through routes, joint classifications, joint rates, the division of joint rates, and the conditions under which those routes must be operated, for a rail carrier providing transportation subject to the jurisdiction of the Board under this part.
(2) The Board may require a rail carrier to include in a through route substantially less than the entire length of its railroad and any intermediate railroad operated with it under common management or control if that intermediate railroad lies between the terminals of the through route only when—
(A) required under section 10741, 10742, or 11102 of this title;
(B) inclusion of those lines would make the through route unreasonably long when compared with a practicable alternative through route that could be established; or
(C) the Board decides that the proposed through route is needed to provide adequate, and more efficient or economic, transportation.
The Board shall give reasonable preference, subject to this subsection, to the rail carrier originating the traffic when prescribing through routes.
**(b)** The Board shall prescribe the division of joint rates to be received by a rail carrier providing transportation subject to its jurisdiction under this part when it decides that a division of joint rates established by the participating carriers under [section 10703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10703&num=0&edition=prelim), or under a decision of the Board under subsection (a) of this section, does or will violate [section 10701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10701&num=0&edition=prelim).
**(c)
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10705
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Transportation Provided at Rates Other Than Legal Tariff Rates.—**
(1) **In general.—** — When a claim is made by a motor carrier of property (other than a household goods carrier) providing transportation subject to jurisdiction under subchapter II of chapter 105 (as in effect on December 31, 1995) or subchapter I of chapter 135, by a freight forwarder (other than a household goods freight forwarder), or by a party representing such a carrier or freight forwarder regarding the collection of rates or charges for such transportation in addition to those originally billed and collected by the carrier or freight forwarder for such transportation, the person against whom the claim is made may elect to satisfy the claim under the provisions of subsection (b), (c), or (d), upon showing that—
(A) the carrier or freight forwarder is no longer transporting property or is transporting property for the purpose of avoiding the application of this section; and
(B) with respect to the claim—
(i) the person was offered a transportation rate by the carrier or freight forwarder other than that legally on file at the time with the Board or with the Interstate Commerce Commission, as required, for the transportation service;
(ii) the person tendered freight to the carrier or freight forwarder in reasonable reliance upon the offered transportation rate;
(iii) the carrier or freight forwarder did not properly or timely file with the Board or with the Interstate Commerce Commission, as required, a tariff providing for such transportation rate or failed to enter into an agreement for contract carriage;
(iv) such transportation rate was billed and collected by the carrier or freight forwarder; and
(v) the carrier or freight forwarder demands additional pay
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 13709
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Rule.—** It shall be an unreasonable practice for a motor carrier of property (other than a household goods carrier) providing transportation subject to jurisdiction under subchapter I of chapter 135 or, before January 1, 1996, to have provided transportation that was subject to jurisdiction under subchapter II of chapter 105, as in effect on December 31, 1995, a freight forwarder (other than a household goods freight forwarder), or a party representing such a carrier or freight forwarder to attempt to charge or to charge for a transportation service the difference between (1) the applicable rate that was lawfully in effect pursuant to a tariff that was filed in accordance with this chapter or, with respect to transportation provided before January 1, 1996, in accordance with chapter 107, as in effect on the date the transportation was provided, by the carrier or freight forwarder applicable to such transportation service, and (2) the negotiated rate for such transportation service if the carrier or freight forwarder is no longer transporting property between places described in section 13501(1) or is transporting property between places described in section 13501(1) for the purpose of avoiding application of this section.
**(b) Jurisdiction of Board.—**
(1) **Determination.—** — The Board shall have jurisdiction to make a determination of whether or not attempting to charge or the charging of a rate by a motor carrier or freight forwarder or party representing a motor carrier or freight forwarder is an unreasonable practice under subsection (a). If the Board determines that attempting to charge or the charging of the rate is an unreasonable practice under subsection (a), the carrier, freight forwarder, or party may not collect the difference described i
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 13711
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reasonableness.—** A rate, classification, rule, or practice related to transportation or service provided by a pipeline carrier subject to this part must be reasonable. A through route established by such a carrier must be reasonable.
**(b) Nondiscrimination.—** A pipeline carrier providing transportation subject to this part may not discriminate in its rates against a connecting line of any other pipeline, rail, or water carrier providing transportation subject to this subtitle or unreasonably discriminate against that line in the distribution of traffic that is not routed specifically by the shipper.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 15501
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Federal law — U.S. Code and appendices · legal_authorities
Page 422
TITLE 49—TRANSPORTATION
§ 10701
Section 10523, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1362; Pub. L. 99–521, § 6(b), Oct. 22, 1986, 100 Stat. 2994, re-
lated to exempt motor vehicle transportation in ter-
minal areas. See section 13503 of this title.
Section 10524, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1363; Pub. L. 96–296, § 9, July 1, 1980, 94 Stat. 798, related
to Commission jurisdiction over transportation fur-
thering a primary business. See section 13505 of this
title.
Section 10525, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1363; Pub. L. 96–258, § 1(4), June 3, 1980, 94 Stat. 425; Pub.
L. 97–261, § 30, Sept. 20, 1982, 96 Stat. 1128, related to ex-
empt motor carrier transportation entirely in one
State. See section 13504 of this title.
Section 10526, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1364; Pub. L. 96–258, § 1(5), June 3, 1980, 94 Stat. 425; Pub.
L. 96–296, §§ 7, 21(a), 24(a), July 1, 1980, 94 Stat. 797, 812,
814; Pub. L. 96–454, § 11(a), Oct. 15, 1980, 94 Stat. 2023;
Pub. L. 97–261, § 14(d), Sept. 20, 1982, 96 Stat. 1114; Pub.
L. 97–377, § 152, Dec. 21, 1982, 96 Stat. 1918; Pub. L. 97–449,
§ 5(g)(1), Jan. 12, 1983, 96 Stat. 2442; Pub. L. 98–216, § 2(8),
Feb. 14, 1984, 98 Stat. 5; Pub. L. 98–554, title II, § 227(c),
Oct. 30, 1984, 98 Stat. 2852; Pub. L. 103–272, § 4(j)(17), July
5, 1994, 108 Stat. 1369, related to miscellaneous motor
carrier transportation exemptions. See section 13506 of
this title.
Section 10527, added Pub. L. 96–296, § 16(a), July 1,
1980, 94 Stat. 810; amended Pub. L. 103–272, § 5(m)(16),
July 5, 1994, 108 Stat. 1377, related to written contracts
pertaining to certain interstate movements by motor
vehicle.
Section 10528, added Pub. L. 96–296, § 21(b)(1), July 1,
1980, 94 Stat. 812; amended Pub. L. 96–
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 10701
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