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49 U.S.C. § 10744 — Continuous carriage of freight
Federal law — U.S. Code and appendices · legal_authorities
A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part may not enter a combination or arrangement to prevent the carriage of freight from being continuous from the place of shipment to the place of destination whether by change of time schedule, carriage in different cars, or by other means. The carriage of freight by those rail carriers is considered to be a continuous carriage from the place of shipment to the place of destination when a break of bulk, stoppage, or interruption is not made in good faith for a necessary purpose, and with the intent of avoiding or unnecessarily interrupting the continuous carriage or of evading this part.
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Stable record: federal_law:legal_authorities:record_usc_51afd9803bd08768ebdbbdbd
Source file: Laws/federal/codes/united-states-code/title-49/section-10744-continuous-carriage-of-freight--d8b3084a68.md
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Source location: Title 49, Chapter 107, § 10744; chapter-107-rates.md
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A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part may not enter a combination or arrangement to prevent the carriage of freight from being continuous from the place of shipment to the place of destination whether by change of time schedule, carriage in different cars, or by other means. The carriage of freight by those rail carriers is considered to be a continuous carriage from the place of shipment to the place of destination when a break of bulk, stoppage, or interruption is not made in good faith for a necessary purpose, and with the intent of avoiding or unnecessarily interrupting the continuous carriage or of evading this part.
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Federal law — U.S. Code and appendices · legal_authorities
A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part may establish a charge or allowance for transportation or service for property when the owner of the property, directly or indirectly, furnishes a service related to or an instrumentality used in the transportation or service. The Board may prescribe the maximum reasonable charge or allowance a rail carrier subject to its jurisdiction may pay for a service or instrumentality furnished under this section. The Board may begin a proceeding under this section on its own initiative or on application.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10745
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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)**
(1) Liability for payment of rates for transportation for a shipment of property by a shipper or consignor to a consignee other than the shipper or consignor, is determined under this subsection when the transportation is provided by a rail carrier under this part. When the shipper or consignor instructs the rail carrier transporting the property to deliver it to a consignee that is an agent only, not having beneficial title to the property, the consignee is liable for rates billed at the time of delivery for which the consignee is otherwise liable, but not for additional rates that may be found to be due after delivery if the consignee gives written notice to the delivering carrier before delivery of the property—
(A) of the agency and absence of beneficial title; and
(B) of the name and address of the beneficial owner of the property if it is reconsigned or diverted to a place other than the place specified in the original bill of lading.
(2) When the consignee is liable only for rates billed at the time of delivery under paragraph (1) of this subsection, the shipper or consignor, or, if the property is reconsigned or diverted, the beneficial owner, is liable for those additional rates regardless of the bill of lading or contract under which the property was transported. The beneficial owner is liable for all rates when the property is reconsigned or diverted by an agent but is refused or abandoned at its ultimate destination if the agent gave the rail carrier in the reconsignment or diversion order a notice of agency and the name and address of the beneficial owner. A consignee giving the rail carrier, and a reconsignor or diverter giving a rail carrier, erroneous information about the identity of the beneficial owner of the property is liable for the
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10743
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Liability of Consignee.—** Liability for payment of rates for transportation for a shipment of property by a shipper or consignor to a consignee other than the shipper or consignor, is determined under this section when the transportation is provided by motor carrier under this part. When the shipper or consignor instructs the carrier transporting the property to deliver it to a consignee that is an agent only, not having beneficial title to the property, the consignee is liable for rates billed at the time of delivery for which the consignee is otherwise liable, but not for additional rates that may be found to be due after delivery if the consignee gives written notice to the delivering carrier before delivery of the property—
(1) of the agency and absence of beneficial title; and
(2) of the name and address of the beneficial owner of the property if it is reconsigned or diverted to a place other than the place specified in the original bill of lading.
**(b) Liability of Beneficial Owner.—** When the consignee is liable only for rates billed at the time of delivery under subsection (a), the shipper or consignor, or, if the property is reconsigned or diverted, the beneficial owner is liable for those additional rates regardless of the bill of the lading or contract under which the property was transported. The beneficial owner is liable for all rates when the property is reconsigned or diverted by an agent but is refused or abandoned at its ultimate destination if the agent gave the carrier in the reconsignment or diversion order a notice of agency and the name and address of the beneficial owner. A consignee giving the carrier erroneous information about the identity of the beneficial owner of the property is liable for the additional rates.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 13706
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Federal law — U.S. Code and appendices · legal_authorities
Page 432
TITLE 49—TRANSPORTATION
§ 10744
shipper, consignor, or other party under that
section.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 819.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in section 10744 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).
A prior section 10743, Pub. L. 95–473, Oct. 17, 1978, 92
Stat. 1391; Pub. L. 99–521, § 7(i), Oct. 22, 1986, 100 Stat.
2995, related to payment of rates, prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).
See section 13707 of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Jan. 1, 1996, except as otherwise pro-
vided in Pub. L. 104–88, see section 2 of Pub. L. 104–88,
set out as a note under section 1301 of this title.
§ 10744. Continuous carriage of freight
A rail carrier providing transportation or
service subject to the jurisdiction of the Board
under this part may not enter a combination or
arrangement to prevent the carriage of freight
from being continuous from the place of ship-
ment to the place of destination whether by
change of time schedule, carriage in different
cars, or by other means. The carriage of freight
by those rail carriers is considered to be a con-
tinuous carriage from the place of shipment to
the place of destination when a break of bulk,
stoppage, or interruption is not made in good
faith for a necessary purpose, and with the in-
tent of avoiding or unnecessarily interrupting
the continuous carriage or of evading this part.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 821.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 10744
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.