49 U.S.C. § 10746 — Demurrage charges

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 in section 10745 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). A prior section 10744, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1391, related to liability for payment of rates, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See sections 10743 and 13706 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. § 10745. Transportation services or facilities fur- nished by shipper A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part may establish a charge or allow- ance for transportation or service for property when the owner of the property, directly or indi- rectly, furnishes a service related to or an in- strumentality 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. (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 in section 10747 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). A prior section 10745, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1392, related to continuous carriage of freight, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See section 10744 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. § 10746. Demurrage charges A rail carrier providing transportation subject to the jurisdiction of the Board under this part shall compute demurrage charges, and establish rules related to those charges, in a way that ful- fills the national needs related to— (1) freight car use and distribution; and (2) maintenance of an adequate supply of freight cars to be available for transportation of property. (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 in section 10750 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). A prior section 10746, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1393, related to transportation of commodities manufactured or produced by rail carrier, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). 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. § 10747. Designation of certain routes by shippers (a)(1) When a person delivers property to a rail carrier for transportation subject to the juris- diction of the Board under this part, the person may direct the rail carrier to transport the property over an established through route. When competing rail lines constitute a part of the route, the person shipping the property may designate the lines over which the property will be transported. The designation must be in writ- ing. A rail carrier may be directed to transport property over a particular through route when— (A) there are at least 2 through routes over which the property could be transported;