49 U.S.C. § 11122 — Compensation and practice
submitted 31 years ago by Pub. L. 104-88 to r/title-49-TRANSPORTATION · 184 words · no verdicts yet
Board rules on car service must encourage acquiring and efficiently using freight cars. The Board may regulate compensation and arrangements, and must calculate compensation by considering ownership and maintenance costs and national supply factors.
(a) The Board’s car-service regulations must encourage buying, acquiring, and efficiently using freight cars. They may include:
(1) payment for using a locomotive, freight car, or other vehicle;
(2) other terms for a carrier’s use of a locomotive, freight car, or other vehicle it does not own, whether the vehicle belongs to another carrier, a shipper, or someone else; and
(3) penalties for failing to follow the rules.
(b) Payment for each type of freight car must be based on the cost of owning and maintaining that type, including a fair return on its cost and current costs of capital, repairs, materials, parts, and labor. The Board must also consider how each type is used in transportation, how many are owned nationally, and other factors affecting the adequacy of the national freight-car supply.
The regulations of the Board on car service shall encourage the purchase, acquisition, and efficient use of freight cars. The regulations may include—
the compensation to be paid for the use of a locomotive, freight car, or other vehicle;
the other terms of any arrangement for the use by a rail carrier of a locomotive, freight car, or other vehicle not owned by the rail carrier using the locomotive, freight car, or other vehicle, whether or not owned by another carrier, shipper, or third person; and
sanctions for nonobservance.
The rate of compensation to be paid for each type of freight car shall be determined by the expense of owning and maintaining that type of freight car, including a fair return on its cost giving consideration to current costs of capital, repairs, materials, parts, and labor. In determining the rate of compensation, the Board shall consider the transportation use of each type of freight car, the national level of ownership of each type of freight car, and other factors that affect the adequacy of the national freight car supply.
Source credit: (Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 832.)
- 1995Enacted · Pub. L. 104-88 · 109 Stat. 832
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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