49 U.S.C. § 11122 — Compensation and practice

FEDERAL · 49 U.S.C. · Chapter SUBCHAPTER II—CAR SERVICE

Compensation and practice

49 U.S.C. § 11122

ChapterSUBCHAPTER II—CAR SERVICE

This text of 49 U.S.C. § 11122 (Compensation and practice) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

49 U.S.C. § 11122.

Text

(a)The regulations of the Board on car service shall encourage the purchase, acquisition, and efficient use of freight cars. The regulations may include—

(1)the compensation to be paid for the use of a locomotive, freight car, or other vehicle;

(2)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

(3)sanctions for nonobservance.

(b)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,

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(a) The regulations of the Board on car service shall encourage the purchase, acquisition, and efficient use of freight cars. The regulations may include—
(1) the compensation to be paid for the use of a locomotive, freight car, or other vehicle;
(2) 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
(3) sanctions for nonobservance.
(b) 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.

Consolidated Rail Corporation v. United States of America and Interstate Commerce Commission, Chicago and North Western Transportation Company William M. Gibbons, Trusteeof the Property of the Chicago, Rock Island & Pacific Railroad, as Trustee, Andnot Individually, the Atchison, Topeka and Santa Fe Railway Company, Burlingtonnortherninc., Missouri Pacific Railroad Company, Pittsburgh and Lake Erie Railroadcompany, Southern Pacific Transportation Company, Union Pacific Railroadcompany, Western Pacific Railroad Company, Soo Line Railroad Company, Intervenors. The Atchison, Topeka and Santa Fe Railway Company, Burlington Northern Inc., Missouri Pacific Railroad Company, Pittsburgh and Lake Erie Railroad Company, Southern Pacific Transportation Company, Union Pacific Railroad Company,western Pacificrailroad Company v. The United States of America and the Interstate Commerce Commission, Chicago and North Western Transportation Company, Soo Line Railroad Company, Stanley E. G. Hillman, Trustee of the Property of the Chicago, Milwaukee, st.paul and Pacific Railroad Company, Debtor ("Milwaukee Railroad"), Intervenors. Consolidated Rail Corporation, Chicago and Northwestern Transportation Companyand Soo Line Railroad Company v. United States of America and Interstate Commerce Commission, the Atchison, Topeka and Santa Fe Railway Company, Burlington Northern Inc.,missouri Pacific Railroad Company, Pittsburgh and Lake Erie Railroad Company,southern Pacific Transportation Company, Union Pacific Railroad Company, Andwesternpacific Railroad Company, Intervenors

619 F.2d 988 (Third Circuit, 1980)

Shippers Committee v. Interstate Commerce Commission

968 F.2d 75 (D.C. Circuit, 1992)

Source Credit

History

(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 832.)

Editorial Notes

Editorial Notes

Prior Provisions
A prior section 11122, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1421; Pub. L. 96–448, title II, §224(a), Oct. 14, 1980, 94 Stat. 1929, related to use of and compensation for freight cars, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

Statutory Notes and Related Subsidiaries

Effective Date
Section 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 1301 of this title.

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Bluebook (online)

49 U.S.C. § 11122, Counsel Stack Legal Research, https://law.counselstack.com/usc/49/11122.