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49 U.S.C. § 11103 — Switch connections and tracks

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 11103 — Switch connections and tracks

**(a)** On application of the owner of a lateral branch line of railroad, or of a shipper tendering interstate traffic for transportation, a rail carrier providing transportation subject to the jurisdiction of the Board under this part shall construct, maintain, and operate, on reasonable conditions, a switch connection to connect that branch line or private side track with its railroad and shall furnish cars to move that traffic to the best of its ability without discrimination in favor of or against the shipper when the connection— (1) is reasonably practicable; (2) can be made safely; and (3) will furnish sufficient business to justify its construction and maintenance. **(b)** If a rail carrier fails to install and operate a switch connection after application is made under subsection (a) of this section, the owner of the lateral branch line of railroad or the shipper may file a complaint with the Board under [section 11701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section11701&num=0&edition=prelim). The Board shall investigate the complaint and decide the safety, practicability, justification, and compensation to be paid for the connection. The Board may direct the rail carrier to comply with subsection (a) of this section only after a full hearing.

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Source file: Laws/federal/codes/united-states-code/title-49/section-11103-switch-connections-and-tracks--f384544f4e.md
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Source location: Title 49, Chapter 111, § 11103; chapter-111-operations.md

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 14103 — Loading and unloading motor vehicles

**(a) Shipper Responsible for Assisting.—** Whenever a shipper or receiver of property requires that any person who owns or operates a motor vehicle transporting property in interstate commerce (whether or not such transportation is subject to jurisdiction under subchapter I of chapter 135) be assisted in the loading or unloading of such vehicle, the shipper or receiver shall be responsible for providing such assistance or shall compensate the owner or operator for all costs associated with securing and compensating the person or persons providing such assistance. **(b) Coercion Prohibited.—** It shall be unlawful to coerce or attempt to coerce any person providing transportation of property by motor vehicle for compensation in interstate commerce (whether or not such transportation is subject to jurisdiction under subchapter I of chapter 135) to load or unload any part of such property onto or from such vehicle or to employ or pay one or more persons to load or unload any part of such property onto or from such vehicle; except that this subsection shall not be construed as making unlawful any activity which is not unlawful under the National Labor Relations Act or the Act of March 23, 1932 (47 Stat. 70; [29 U.S.C. 101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section101&num=0&edition=prelim) et seq.), commonly known as the Norris-LaGuardia Act.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 14104 — Household goods carrier operations

**(a) General Regulatory Authority.—** (1) **Paperwork minimization.—** — The Secretary may issue regulations, including regulations protecting individual shippers, in order to carry out this part with respect to the transportation of household goods by motor carriers subject to jurisdiction under subchapter I of chapter 135. The regulations and paperwork required of motor carriers providing transportation of household goods shall be minimized to the maximum extent feasible consistent with the protection of individual shippers. (2) **Performance standards.—** (A) *In general.—* — Regulations of the Secretary protecting individual shippers shall include, where appropriate, reasonable performance standards for the transportation of household goods subject to jurisdiction under subchapter I of chapter 135. (B) *Factors to consider.—* — In establishing performance standards under this paragraph, the Secretary shall take into account at least the following— (i) the level of performance that can be achieved by a well-managed motor carrier transporting household goods; (ii) the degree of harm to individual shippers which could result from a violation of the regulation; (iii) the need to set the level of performance at a level sufficient to deter abuses which result in harm to consumers and violations of regulations; (iv) service requirements of the carriers; (v) the cost of compliance in relation to the consumer benefits to be achieved from such compliance; and (vi) the need to set the level of performance at a level designed to encourage carriers to offer service responsive to shipper needs. (3) **Limitations on statutory construction.—** — Nothing in this section shall be construed to limit the Secretary’s authority to require reports f

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 11701 — General authority

**(a)** Except as otherwise provided in this part, the Board may begin an investigation under this part on the Board’s own initiative or upon receiving a complaint pursuant to subsection (b). If the Board finds that a rail carrier is violating this part, the Board shall take appropriate action to compel compliance with this part. If the Board finds a violation of this part in a proceeding brought on its own initiative, any remedy from such proceeding may only be applied prospectively. **(b)** A person, including a governmental authority, may file with the Board a complaint about a violation of this part by a rail carrier providing transportation or service subject to the jurisdiction of the Board under this part. The complaint must state the facts that are the subject of the violation. The Board may dismiss a complaint it determines does not state reasonable grounds for investigation and action. However, the Board may not dismiss a complaint made against a rail carrier providing transportation subject to the jurisdiction of the Board under this part because of the absence of direct damage to the complainant. **(c)** A formal investigative proceeding begun by the Board under subsection (a) of this section is dismissed automatically unless it is concluded by the Board with administrative finality by the end of the third year after the date on which it was begun. **(d)** In any investigation commenced on the Board’s own initiative, the Board shall— (1) not later than 30 days after initiating the investigation, provide written notice to the parties under investigation, which shall state the basis for such investigation; (2) only investigate issues that are of national or regional significance; (3) permit the parties under investigation to file a written statement desc

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 1301 — Establishment of Board

**(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

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 11102 — Use of terminal facilities

**(a)** The Board may require terminal facilities, including main-line tracks for a reasonable distance outside of a terminal, owned by a rail carrier providing transportation subject to the jurisdiction of the Board under this part, to be used by another rail carrier if the Board finds that use to be practicable and in the public interest without substantially impairing the ability of the rail carrier owning the facilities or entitled to use the facilities to handle its own business. The rail carriers are responsible for establishing the conditions and compensation for use of the facilities. However, if the rail carriers cannot agree, the Board may establish conditions and compensation for use of the facilities under the principle controlling compensation in condemnation proceedings. The compensation shall be paid or adequately secured before a rail carrier may begin to use the facilities of another rail carrier under this section. **(b)** A rail carrier whose terminal facilities are required to be used by another rail carrier under this section is entitled to recover damages from the other rail carrier for injuries sustained as the result of compliance with the requirement or for compensation for the use, or both as appropriate, in a civil action, if it is not satisfied with the conditions for use of the facilities or if the amount of the compensation is not paid promptly. **(c)** (1) The Board may require rail carriers to enter into reciprocal switching agreements, where it finds such agreements to be practicable and in the public interest, or where such agreements are necessary to provide competitive rail service. The rail carriers entering into such an agreement shall establish the conditions and compensation applicable to such agreement, but, if the rail carrie

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 14102 — Leased motor vehicles

**(a) General Authority of Secretary.—** The Secretary may require a motor carrier providing transportation subject to jurisdiction under subchapter I of chapter 135 that uses motor vehicles not owned by it to transport property under an arrangement with another party to— (1) make the arrangement in writing signed by the parties specifying its duration and the compensation to be paid by the motor carrier; (2) carry a copy of the arrangement in each motor vehicle to which it applies during the period the arrangement is in effect; (3) inspect the motor vehicles and obtain liability and cargo insurance on them; and (4) have control of and be responsible for operating those motor vehicles in compliance with requirements prescribed by the Secretary on safety of operations and equipment, and with other applicable law as if the motor vehicles were owned by the motor carrier. **(b) Responsible Party for Loading and Unloading.—** The Secretary shall require, by regulation, that any arrangement, between a motor carrier of property providing transportation subject to jurisdiction under subchapter I of chapter 135 and any other person, under which such other person is to provide any portion of such transportation by a motor vehicle not owned by the carrier shall specify, in writing, who is responsible for loading and unloading the property onto and from the motor vehicle.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 11103 — Switch connections and tracks

Page 444 TITLE 49—TRANSPORTATION § 11103 § 11103. Switch connections and tracks (a) On application of the owner of a lateral branch line of railroad, or of a shipper tendering interstate traffic for transportation, a rail car- rier providing transportation subject to the ju- risdiction of the Board under this part shall con- struct, maintain, and operate, on reasonable conditions, a switch connection to connect that branch line or private side track with its rail- road and shall furnish cars to move that traffic to the best of its ability without discrimination in favor of or against the shipper when the con- nection— (1) is reasonably practicable; (2) can be made safely; and (3) will furnish sufficient business to justify its construction and maintenance. (b) If a rail carrier fails to install and operate a switch connection after application is made under subsection (a) of this section, the owner of the lateral branch line of railroad or the shipper may file a complaint with the Board under sec- tion 11701 of this title. The Board shall inves- tigate the complaint and decide the safety, prac- ticability, justification, and compensation to be paid for the connection. The Board may direct the rail carrier to comply with subsection (a) of this section only after a full hearing. (Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 831.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11104 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). Prior sections 11103 to 11111 were omitted in the gen- eral amendment of this subtitle by Pub. L. 104–88, § 102(a). Section 11103, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1419; Pub. L. 96–448, title II

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 11103

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