49 USC 10741 - Sec. 10741. Prohibitions against discrimination by rail carriers

49 USC - US Code - Title 49: Transportation (January 2003)


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  (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.


Prior Provisions

A prior section 10741, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1390; Pub. L. 96-296, Sec. 33(d), July 1, 1980, 94 Stat. 825; Pub. L. 96-448, title II, Sec. 212, Oct. 14, 1980, 94 Stat. 1912; Pub. L. 99-521, Sec. 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, Sec. 102(a). See sections 10741 and 15505 of this title.

Section Referred To In Other Sections

This section is referred to in sections 10705, 10709 of this title.

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