49 U.S.C. § 11101 — Common carrier transportation, service, and rates
submitted 31 years ago by Pub. L. 104-88 to r/title-49-TRANSPORTATION · 386 words · no verdicts yet
This section requires rail carriers to provide transportation and disclose rates and service terms on reasonable request. It sets notice rules for changes, special publication duties for agricultural products, and compliance duties.
(a) A rail carrier providing service under this part must provide it on reasonable request. Fulfilling reasonable authorized section 10709 contracts first is not a violation, but a commitment preventing reasonable common-carrier service is not reasonable. (b) On request, the carrier must promptly provide rates and other terms in writing or electronic form. (c) It may not increase rates or change terms until 20 days after notice to anyone who requested them or arranged a shipment in the prior 12 months. (d) For agricultural products, it must publish, make available, and retain for public inspection rates, schedules, terms, and proposed and actual changes. Agricultural products include grain defined in section 3 of the United States Grain Standards Act and its products, and fertilizer. (e) The carrier must provide service according to published or otherwise available rates and terms. (f) The Board must issue implementing rules, including immediate disclosure of rates, classifications, rules, practices, and effective dates, within 180 days after January 1, 1996.
A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part shall provide the transportation or service on reasonable request. A rail carrier shall not be found to have violated this section because it fulfills its reasonable commitments under contracts authorized under section 10709 of this title before responding to reasonable requests for service. Commitments which deprive a carrier of its ability to respond to reasonable requests for common carrier service are not reasonable.
A rail carrier shall also provide to any person, on request, the carrier’s rates and other service terms. The response by a rail carrier to a request for the carrier’s rates and other service terms shall be—
in writing and forwarded to the requesting person promptly after receipt of the request; or
promptly made available in electronic form.
A rail carrier may not increase any common carrier rates or change any common carrier service terms unless 20 days have expired after written or electronic notice is provided to any person who, within the previous 12 months—
has requested such rates or terms under subsection (b); or
has made arrangements with the carrier for a shipment that would be subject to such increased rates or changed terms.
With respect to transportation of agricultural products, in addition to the requirements of subsections (a), (b), and (c), a rail carrier shall publish, make available, and retain for public inspection its common carrier rates, schedules of rates, and other service terms, and any proposed and actual changes to such rates and service terms. For purposes of this subsection, agricultural products shall include grain as defined in section 3 of the United States Grain Standards Act (7 U.S.C. 75) and all products thereof, and fertilizer.
A rail carrier shall provide transportation or service in accordance with the rates and service terms, and any changes thereto, as published or otherwise made available under subsection (b), (c), or (d).
The Board shall, by regulation, establish rules to implement this section. The regulations shall provide for immediate disclosure and dissemination of rates and service terms, including classifications, rules, and practices, and their effective dates. Final regulations shall be adopted by the Board not later than 180 days after January 1, 1996.
Source credit: (Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 830; amended Pub. L. 104–287, § 5(25), Oct. 11, 1996, 110 Stat. 3390.)
- 1995Enacted · Pub. L. 104-88 · 109 Stat. 830
- 1996Amended · Pub. L. 104-287 · 110 Stat. 3390
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-88 on 1995-12-29.
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