2004 US Code
Title 49 - TRANSPORTATION
SUBTITLE IV - INTERSTATE TRANSPORTATION
PART A - RAIL
CHAPTER 101 - GENERAL PROVISIONS
Sec. 10101 - Rail transportation policy

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§10101. Rail transportation policy

In regulating the railroad industry, it is the policy of the United States Government—

(1) to allow, to the maximum extent possible, competition and the demand for services to establish reasonable rates for transportation by rail;

(2) to minimize the need for Federal regulatory control over the rail transportation system and to require fair and expeditious regulatory decisions when regulation is required;

(3) to promote a safe and efficient rail transportation system by allowing rail carriers to earn adequate revenues, as determined by the Board;

(4) to ensure the development and continuation of a sound rail transportation system with effective competition among rail carriers and with other modes, to meet the needs of the public and the national defense;

(5) to foster sound economic conditions in transportation and to ensure effective competition and coordination between rail carriers and other modes;

(6) to maintain reasonable rates where there is an absence of effective competition and where rail rates provide revenues which exceed the amount necessary to maintain the rail system and to attract capital;

(7) to reduce regulatory barriers to entry into and exit from the industry;

(8) to operate transportation facilities and equipment without detriment to the public health and safety;

(9) to encourage honest and efficient management of railroads;

(10) to require rail carriers, to the maximum extent practicable, to rely on individual rate increases, and to limit the use of increases of general applicability;

(11) to encourage fair wages and safe and suitable working conditions in the railroad industry;

(12) to prohibit predatory pricing and practices, to avoid undue concentrations of market power, and to prohibit unlawful discrimination;

(13) to ensure the availability of accurate cost information in regulatory proceedings, while minimizing the burden on rail carriers of developing and maintaining the capability of providing such information;

(14) to encourage and promote energy conservation; and

(15) to provide for the expeditious handling and resolution of all proceedings required or permitted to be brought under this part.

(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 805.)

Prior Provisions

Prior sections 10101 and 10101a were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).

Section 10101, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1337; Pub. L. 96–296, §4, July 1, 1980, 94 Stat. 793; Pub. L. 96–448, title I, §101(b), Oct. 14, 1980, 94 Stat. 1898; Pub. L. 97–261, §5, Sept. 20, 1982, 96 Stat. 1103; Pub. L. 103–311, title II, §204, Aug. 26, 1994, 108 Stat. 1683, related to transportation policy. See sections 13101 and 15101 of this title.

Section 10101a, added Pub. L. 96–448, title I, §101(a), Oct. 14, 1980, 94 Stat. 1897, related to rail transportation policy.

Effective Date

Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.

Short Title of 2002 Amendment

Pub. L. 107–298, §1, Nov. 26, 2002, 116 Stat. 2342, provided that: “This Act [amending sections 13102, 13506, 14501, and 31138 of this title] may be cited as the ‘Real Interstate Driver Equity Act of 2002’.”

Short Title of 1986 Amendment

Pub. L. 99–521, §1, Oct. 22, 1986, 100 Stat. 2993, provided that: “This Act [see Tables for classification] may be cited as the ‘Surface Freight Forwarder Deregulation Act of 1986’.”

Short Title of 1982 Amendment

Section 1 of Pub. L. 97–261 provided: “That this Act [see Tables for classification] may be cited as the ‘Bus Regulatory Reform Act of 1982’.”

Short Title of 1980 Amendments

Pub. L. 96–454, §1, Oct. 15, 1980, 94 Stat. 2011, provided: “That this Act [see Tables for classification] may be cited as the ‘Household Goods Transportation Act of 1980’.”

Section 1 of Pub. L. 96–448 provided that: “This Act [see Tables for classification] may be cited as the ‘Staggers Rail Act of 1980’.”

Section 1 of Pub. L. 96–296 provided: “That this Act [see Tables for classification] may be cited as the ‘Motor Carrier Act of 1980’.”