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§ 10741. Prohibitions against discrimination by rail carriers

Version history — every release point where this text changed

Release point 115-35 · current through 05/17/2017

§ 10741.

Prohibitions against discrimination by rail carriers

(a)
(1)

A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part may not subject a person, place, port, or type of traffic to unreasonable discrimination.

(2)

For purposes of this section, a rail carrier engages in unreasonable discrimination when it charges or receives from a person a different compensation for a service rendered, or to be rendered, in transportation the rail carrier may perform under this part than it charges or receives from another person for performing a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances.

(b)

This section shall not apply to—

(1)

contracts described in section 10709 of this title;

(2)

rail rates applicable to different routes; or

(3)

discrimination against the traffic of another carrier providing transportation by any mode.

(c)

Differences between rates, classifications, rules, and practices of rail carriers do not constitute a violation of this section if such differences result from different services provided by rail carriers.

Source(Added Pub. L. 104–88, title I, § 102(a),
Dec. 29, 1995
, 109 Stat. 819.)
Notes

Prior Provisions

A prior section 10741, Pub. L. 95–473,
Oct. 17, 1978
, 92 Stat. 1390; Pub. L. 96–296, § 33(d),
July 1, 1980
, 94 Stat. 825; Pub. L. 96–448, title II, § 212,
Oct. 14, 1980
, 94 Stat. 1912; Pub. L. 99–521, § 7(h),
Oct. 22, 1986
, 100 Stat. 2995, related to prohibitions against discrimination by common carriers, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See sections 10741 and 15505 of this title.

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