Statutory Authority

§ 10744

TITLE 49—TRANSPORTATION

(c)(1) A rail carrier may bring an action to enforce liability under subsection (a) of this section. That rail carrier must bring the action
during the period provided in section 11705(a) of
this title or by the end of the 6th month after
final judgment against it in an action against
the consignee, or the beneficial owner named by
the consignee or agent, under that section.
(2) A rail carrier may bring an action to enforce liability under subsection (b) of this section. That carrier must bring the action during
the period provided in section 11705(a) of this
title or by the end of the 6th month after final
judgment against it in an action against the
shipper, consignor, or other party under that
section.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 819.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 10744 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).
A prior section 10743, Pub. L. 95–473, Oct. 17, 1978, 92
Stat. 1391; Pub. L. 99–521, § 7(i), Oct. 22, 1986, 100 Stat.
2995, related to payment of rates, prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).
See section 13707 of this title.

§ 10744. Continuous carriage of freight
A rail carrier providing transportation or
service subject to the jurisdiction of the Board
under this part may not enter a combination or
arrangement to prevent the carriage of freight
from being continuous from the place of shipment to the place of destination whether by
change of time schedule, carriage in different
cars, or by other means. The carriage of freight
by those rail carriers is considered to be a continuous carriage from the place of shipment to
the place of destination when a break of bulk,
stoppage, or interruption is not made in good
faith for a necessary purpose, and with the intent of avoiding or unnecessarily interrupting
the continuous carriage or of evading this part.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 821.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 10745 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).
A prior section 10744, Pub. L. 95–473, Oct. 17, 1978, 92
Stat. 1391, related to liability for payment of rates,
prior to the general amendment of this subtitle by Pub.
L. 104–88, § 102(a). See sections 10743 and 13706 of this
title.

§ 10745. Transportation services or facilities furnished by shipper
A rail carrier providing transportation or
service subject to the jurisdiction of the Board
under this part may establish a charge or allowance for transportation or service for property
when the owner of the property, directly or indirectly, furnishes a service related to or an instrumentality used in the transportation or
service. The Board may prescribe the maximum
reasonable charge or allowance a rail carrier
subject to its jurisdiction may pay for a service
or instrumentality furnished under this section.

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The Board may begin a proceeding under this
section on its own initiative or on application.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 821.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 10747 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).
A prior section 10745, Pub. L. 95–473, Oct. 17, 1978, 92
Stat. 1392, related to continuous carriage of freight,
prior to the general amendment of this subtitle by Pub.
L. 104–88, § 102(a). See section 10744 of this title.

§ 10746. Demurrage charges
A rail carrier providing transportation subject
to the jurisdiction of the Board under this part
shall compute demurrage charges, and establish
rules related to those charges, in a way that fulfills the national needs related to—
(1) freight car use and distribution; and
(2) maintenance of an adequate supply of
freight cars to be available for transportation
of property.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 821.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 10750 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).
A prior section 10746, Pub. L. 95–473, Oct. 17, 1978, 92
Stat. 1393, related to transportation of commodities
manufactured or produced by rail carrier, prior to the
general amendment of this subtitle by Pub. L. 104–88,
§ 102(a).

§ 10747. Designation of certain routes by shippers
(a)(1) When a person delivers property to a rail
carrier for transportation subject to the jurisdiction of the Board under this part, the person
may direct the rail carrier to transport the
property over an established through route.
When competing rail lines constitute a part of
the route, the person shipping the property may
designate the lines over which the property will
be transported. The designation must be in writing. A rail carrier may be directed to transport
property over a particular through route when—
(A) there are at least 2 through routes over
which the property could be transported;
(B) a through rate has been established for
transportation over each of those through
routes; and
(C) the rail carrier is a party to those routes
and rates.
(2) A rail carrier directed to route property
transported under paragraph (1) of this subsection must issue a through bill of lading containing the routing instructions and transport
the property according to the instructions.
When the property is delivered to a connecting
rail carrier, that rail carrier must also receive
and transport it according to the routing instructions and deliver it to the next succeeding
rail carrier or consignee according to the instructions.
(b) The Board may prescribe exceptions to the
authority of a person to direct the movement of
traffic under subsection (a) of this section.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 821.)