(17) Directions of Commission as to car service; (19) Application for certificate of Commission; (20) Issuance of certificate by Commission; unlawful extension or abandonment of lines. (21) Power of Commission to require adequate facilities or extension of line; penalty. (22) Construction, etc., of spurs, switches, etc., within State. Special rates and rebates prohibited. Preferences; interchange of traffic; terminal facilities. (1) Undue preferences or prejudices prohibited. (2) 18. Airways Modernization... (1a) Export rates on farm commodities; Commission's power to carry out policy. Payment of freight as prerequisite to delivery. 1211 (3) Liability of shipper-consignee for freight where delivery is made to another party upon instruction. Interchange of traffic. (4) Control effected by other than prescribed methods. (5) Transactions deemed to effectuate control or management. 1. Regulation in general; car service; alteration of line. (1) Carriers subject to regulation. (2) Transportation subject to regulation. (4) Duty to furnish transportation and estab- (5) Just and reasonable charges. (512) Exchange of services. (6) Classification of property for transporta tion; regulations and practices. (7) Free transportation for passengers prohibited; exceptions; penalty. (8) Transportation of commodity manufactured or produced by railroad forbidden. (9) Switch connections and tracks. (10) "Car service" defined. (11) Duty to furnish car service; rules and regu lations. (6) Affiliation with a carrier defined. (7) Investigation by Commission of effectuation of control by nonprescribed methods. (8) Jurisdiction of injunctions, etc., against violations of section or orders. (9) Supplemental orders by Commission. (10) Unifications, consolidations, etc., of motor carriers only. (11) Plenary nature of authority under section. (12) Separability clause. (13) Carrier defined. (14) Interest in competing water carrier; pro hibition of. (15) Same; determination of fact of competition. (16) Same; permission of interest in competing water carrier. Sec. 5a. Combinations and consolidations existing prior to June 16, 1933. 5b. Agreements between carriers. 6. (9) Relief from operation of antitrust laws. (10) Effect of Commission's action. Schedules and statements of rates, etc., joint rail and water transportation. (1) Schedule of rates, fares, and charges; filing (2) Schedule of rates through foreign country. (5) Copies of traffic contracts to be filed. tation by rail and water. 15. 15a. 15b. tions. (11) Jurisdiction of Commission over transpor 16. (3) Publication of reports and decisions; printing and distribution of annual reports. Determination of rates, routes, etc.; routing of traffic; disclosures, etc. (1) Commission empowered to determine and (3) Establishment of through routes, joint (4) Through routes to embrace entire length (6) Commission to establish just divisions of (7) Commission to determine lawfulness of new rates; suspension; refunds. (8) Shipper's choice of route to be observed. (9) Liability of carriers where property is delivered contrary to routing instructions. (10) Direction of unrouted traffic by Commission. (11) Disclosure or solicitation of information concerning shipments unlawful; exсерtions. (12) Penalty for violation of preceding provisions. (13) Allowance for service or facilities furnished by shipper. (14) Other powers of Commission not excluded. Fair return for carriers. Collection of excess income discontinued; general railroad contingent fund liquidated; distribution of moneys; computation of tax liabilities. Orders of Commission and enforcement thereof. (1) Award of damages. (2) Proceedings in courts to enforce orders; costs; attorney's fee. (3) Limitation of actions. (4) Joinder of parties; process; judgment. (5) Service of order of Commission and notices of proceedings. (6) Suspension or modification of orders. (7) Compliance with orders. (8) Failure of carrier or officer to obey orders; penalty. (9) Suit for recovery of forfeiture. (10) United States attorneys to prosecute for forfeitures; costs and expenses. (11) Employment of attorneys by Commission. (12) Proceedings to enforce orders other than for payment of money. (13) Copies of schedules, tariffs, contracts, etc., kept as public records; evidence. Repealed. Commission procedure; delegation of duties; rehearings. (1) Divisions of Commission; organization; composition. (2) Attendance of witnesses and production of (3) Conduct of proceedings; seal; oaths; quorum; rules. (2) Reference of matters to divisions, individual Commissioners or boards. 13. (7) Fees for depositions. Complaints to and investigations by Commission. (1) Complaint to Commission of violation of law by carrier; reparation; investigation. (2) Complaints by State commissions; inquiry on Commission's own motion; expenses of State commissions. (3) Investigation involving State regulations; conference of State and interstate commissions. (4) Duty of Commission where State regulations result in discrimination. (4) Powers of divisions, boards, etc.; effect of orders, etc. (5) Findings, etc., of Commissioner or board; accompanying statement and recommended order; copies to parties; excерtions; recommended order as Commission's order; delegation of duties to employee boards. (6) Rehearing, reargument, or reconsideration of decisions, orders, and requirements. (7) Reversal or modification after rehearing. etc. Sec. 17. 18. 19. 19a. 20. Commission procedure; delegation of duties; re hearings-Continued. (8) Stay of decisions, etc., not effective at time of application for rehearing, etc. (9) Judicial relief from decisions, etc., upon denial or other disposition of application for rehearing, etc. (10) Reference of administrative matters to examiners. (11) Intervention of representatives of employees. (12) Admission to practice before Commission. Employees; appointment and compensation; witness fees; expenses. (1) Commissioners' salaries; secretary and employees; compensation; witness fees. (2) Expenses of Commission. Office and sessions. Valuation of property of carriers. (a) Physical valuation of property of carriers; classification and inventory. (b) Cost of property; elements considered in determination; gifts, grants, etc. (c) Investigation; procedure and forms. (d) Time for beginning investigation; reports to Congress. (e) Aid of carrier required; rules and regulations; inspection of records. (1) Valuation of extensions and improvements; revisions; reports. Sec. 20a. Securities of carriers; issuance, etc. -Continued. (10) Reports by carriers as to securities or proceeds. (11) Securities issued contrary to law void; effect; penalty. (12) Restrictions on actions of officers and di-. rectors; penalty. 20b. Modification of railroad financial structures. (1) Approval and authorization of Commission; exclusion of equipment-trust securities. (2) Application; public hearing; findings; submission of plan to security holders; order of Commission; force and effect. (3) When class of securities affected; what constitutes outstanding securities; assent to modification. (4) Modification of securities of carrier acting as guarantor, endorser, surety, or otherwise; person deemed carrier. (5) Authority of section as exclusive and plenary. (6) Reports to Commission from carrier. (7) Section as permissive. (8) Law governing applications; supplemental orders. (9) Solicitation of proxies. (10) Rules and regulations. (11) Issuance of securities; law governing. (12) Taxes on issuance, transfer, or exchange of securities. (13) Conditions permitting modification and adjustment procedure to carriers in receivership or reorganization proceedings. 20c. Recordation of railroad equipment trust agreements and other evidences of equipment indebtedness. (g) Reports and information to be furnished by carriers. (h) Notice of completion of tentative valuation; protests; finality of report. (1) Protests; hearings; changes in valuations; final valuation and classification. (1) Effect of evidence as to values; modification of orders. 21. reports; oaths for reports. (3) Uniform system of accounts. (4) Depreciation charges. (5) Forms of accounts, records, and memoranda; access to records, etc., by Commission or agents. (6) Persons furnishing cars or protection (7) Penalties and forfeitures in connection (9) Jurisdiction to compel compliance by (10) Special agents or examiners. (11) Liability of initial and delivering carrier for loss; limitation of liability; notice and filing of claim. (12) Recovery by initial or delivering carrier from connecting carrier. 20a. Securities of carriers; issuance, etc. (1) Carrier defined. (2) Issuance of securities; assumption of obli gations; authorization. Annual reports of Commission. Mandamus to obtain equal facilities for shippers. Safety appliances, methods, and systems. (a) Definition of carrier. (b) Order to install systems, etc.; modification; negligence of carrier. (c) Modification of rules, standards, and instructions. (d) Inspection by Secretary of Transportation; personnel. (e) Unlawful use of system, etc. (f) Report of failure of system, etc., and accidents. (g) Duties and powers of Secretary of Trans portation. (h) Penalties; enforcement. 26a. State or subdivision income tax withholding on compensation paid to interstate railroad, express company, or sleeping car company employees. 27. (3) Scope of Commission's authority. (4) Form and contents of application; oath and signature. (5) Disposition of securities described in application, etc. (6) Notice of application to governors of States; intervention; hearings. (7) Jurisdiction of Commission as exclusive and plenary. (8) Guaranty of securities. (9) Issue of short-term notes; certificate of notification; proviso. (a) Withholding where employee earns more than 50 per centum of compensation paid by carrier to him or where employee resides; filing of information return by carrier. (b) State or subdivision where employee deemed to have earned more than 50 per centum of compensation. (c) Definitions. Short title. INTERSTATE COMMERCE ACT The Interstate Commerce Act of Feb. 4, 1887, ch. 104, 24 Stat. 379, as it existed prior to its division into parts, is embodied in chapter 1 of this title. The original act was designated "part I" and a new part II, comprising chapter 8 of this title, was added by act Aug. 9, 1935, ch. 498, 49 Stat. 543. Part III, constituting chapter 12 of this title, was added by act Sept. 18, 1940, ch. 722, title II, § 201, 54 Stat. 929. Part IV constituting chapter 13 of this title, was added by act May 16, 1942, ch. 318, § 1, 56 Stat. 284. Part V, constituting chapter 19 of this title, was added by Pub. L. 85-625, § 2, Aug. 12, 1958, 72 Stat. 568. NATIONAL TRANSPORTATION POLICY Act Sept. 18, 1940, ch. 722, title I, § 1, 54 Stat. 899, amended the Interstate Commerce Act, chapters 1, 8, 12, 13 and 19 of this title, by inserting before part I thereof (chapter 1 of this title) the following provision entitled "National Transportation Policy:" "It is hereby declared to be the national transportation policy of the Congress to provide for fair and impartial regulation of all modes of transportation subject to the provisions of this act (chapters 1, 8, 12, 13 and 19 of this title), so administered as to recognize and preserve the inherent advantages of each; to promote safe, adequate, economical, and efficient service and foster sound eесоnomic conditions in transportation and among the several carriers; to encourage the establishment and maintenance of reasonable charges for transportation services, without unjust discriminations, undue preferences or advantages, or unfair or destructive competitive practices; to cooperate with the several States and the duly authorized officials thereof; and to encourage fair wages and equitable working conditions-all to the end of developing, coordinating, and preserving a national transportation system by water, highway, and rail, as well as other means, adequate to meet the needs of the commerce of the United States, of the Postal Service, and of the national defense. All of the provisions of this act (chapters 1, 8, 12, 13 and 19 of this title), shall be administered and enforced with a view to carrying out the above declaration of policy." INVESTIGATION OF VARIOUS MODES OF TRANSPORTATION Title III, part I of act Sept. 18, 1940, ch. 722, §§ 301-306, 54 Stat. 952-954, establishing a Board of Investigation and Research to conduct certain investigations in connection with national transportation problems, was extended to September 18, 1944, by 1942 Proc. No. 2559, June 26, 1942, 7 F. R. 4809. REPEALS The provisions of this chapter, insofar as they related to communication by wire or wireless, or to telegraph, telephone, or cable companies operating by wire or wireless, except the last proviso of section 1 (5) and the provisions of section 1 (7), were repealed by act June 19, 1934, ch. 652, § 602 (b), 48 Stat. 1102. See chapter 5 of Title 47, Telegraphs, Telephones, and Radiotelegraphs. CROSS REFERENCES Appeals to Supreme Court, see section 45 of this title. Expedition of actions by United States under this chapter involving general public importance, see section 44 of this title. Rate making policy, see section 55 of this title. This chapter is referred to in sections 53, 55, 302, 303, 305, 319, 902, 903, 905, 906, 1002, 1004, 1008, 1010, 1011, 1013, 1017 of this title; title 15 section 80a-3; title 16 section 813; title 26 sections 48, 281, 3231; title 45 sections 65, 228a, 351. § 1. Regulation in general; car service; alteration of line. (1) Carriers subject to regulation. The provisions of this chapter shall apply to common carriers engaged in (a) The transportation of passengers or property wholly by railroad, or partly by railroad and partly by water when both are used under a common control, management, or arrangement for a continuous carriage or shipment; or (b) The transportation of oil or other commodity, except water and except natural or artificial gas, by pipe line, or partly by pipe line and partly by railroad or by water Columbia, or from one place in a Territory to an- The provisions of this chapter shall also apply to such transportation of passengers and property, but only insofar as such transportation takes place within the United States, but shall not apply (a) To the transportation of passengers or property, or to the receiving, delivering, storage, or handling of property, wholly within one State and not shipped to or from a foreign country from or to any place in the United States as aforesaid, except as otherwise provided in this chapter; (b) Repealed. June 19, 1934, ch. 652, Title VI, § 602 (b), 48 Stat. 1102. (c) To the transportation of passengers or property by a carrier by water where such transportation would not be subject to the provisions of this chapter except for the fact that such carrier absorbs, out of its port-to-port water rates or out of its proportional through rates, any switching, terminal, lighterage, car rental, trackage, handling, or other charges by a rail carrier for services within the switching, drayage, lighterage, or corporate limits of a port terminal or district. (3) Definitions. (a) The term "common carrier" as used in this chapter shall include all pipe-line companies; express companies; sleeping-car companies; and all persons, natural or artificial, engaged in such transportation as aforesaid as common carriers for hire. Wherever the word "carrier" is used in this chapter it shall be held to mean "common carrier." The term "railroad" as used in this chapter shall include all bridges, car floats, lighters, and ferries used by or operated in connection with any railroad, and also all the road in use by any common carrier operating a railroad, whether owned or operated under a contract, agreement, or lease, and also all switches, spurs, tracks, terminals, and terminal facilities of every kind used or necessary in the transportation of the persons or property designated herein, including all freight depots, yards, and grounds, used or necessary in the transportation or delivery of any such property. The term "transportation" as used in this chapter shall include locomotives, cars, and other vehicles, vessels, and all instrumentalities and facilities of shipment or carriage, irrespective of ownership or of any contract, express or implied, for the use thereof, and all services in connection with the receipt, delivery, elevation, and transfer in transit, ventilation, refrigeration or icing, storage, and handling of property transported. The term "person" as used in this chapter includes an individual, firm, copartnership, corporation, company, association, or joint-stock association; and includes a trustee, re (c) Repealed. June 19, 1934, ch. 652, Title VI, ceiver, assignee, or personal representative thereof. § 602 (b), 48 Stat. 1102. From one State or Territory of the United States, or the District of Columbia, to any other State or Territory of the United States, or the District of (b) For the purposes of sections 5, 12 (1), 20, 304 (a) (7), 310, 320, 904 (b), 910, and 913 of this title, where reference is made to control (in referring to a relationship between any person or persons and another person or persons), such reference shall be construed to include actual as well as legal control, whether maintained or exercised through or by reason of the method of or circumstances surrounding organization or operation, through or by common directors, officers, or stockholders, a voting trust or trusts, a holding or investment company or companies, or through or by any other direct or indirect means; and to include the power to exercise control. (4) Duty to furnish transportation and establish through routes; division of joint rates. It shall be the duty of every common carrier subJect to this chapter to provide and furnish transportation upon reasonable request therefor, and to establish reasonable through routes with other such carriers, and just and reasonable rates, fares, charges, and classifications applicable thereto; and it shall be the duty of common carriers by railroad subject to this chapter to establish reasonable through routes with common carriers by water subject to chapter 12 of this title, and just and reasonable rates, fares, charges, and classifications applicable thereto. It shall be the duty of every such common carrier establishing through routes to provide reasonable facilities for operating such routes and to make reasonable rules and regulations with respect to their operation, and providing for reasonable compensation to those entitled thereto; and in case of joint rates, fares, or charges, to establish just, reasonable, and equitable divisions thereof, which shall not unduly prefer or prejudice any of such participating carriers. (5) Just and reasonable charges. All charges made for any service rendered or to be rendered in the transportation of passengers or property as aforesaid, or in connection therewith, shall be just and reasonable, and every unjust and unreasonable charge for such service or any part thereof is prohibited and declared to be unlawful. (52) Exchange of services. Nothing in this Act shall be construed to prevent any common carrier subject to this Act from entering into or operating under any contract with any telephone, telegraph, or cable company, for the exchange of their services. (6) Classification of property for transportation; regulations and practices. It is made the duty of all common carriers subject to the provisions of this chapter to establish, observe, and enforce just and reasonable classifications of property for transportation, with reference to which rates, tariffs, regulations, or practices are or may be made or prescribed, and just and reasonable regulations and practices affecting classifications, rates, or tariffs, the issuance, form, and substance of tickets, receipts, and bills of lading, the manner and method of presenting, marking, packing, and delivering property for transportation, the facilities for transportation, the carrying of personal, sample, and excess baggage, and all other matters relating to or connected with the receiving, handling, transporting, storing, and delivery of property subject to the provisions of this chapter which may be necessary or proper to secure the safe and prompt receipt, handling, transportation, and delivery of property subject to the provisions of this chapter upon just and reasonable terms, and every unjust and unreasonable classification, regulation, and practice is prohibited and declared to be unlawful. (7) Free transportation for passengers prohibited; exceptions; penalty. No common carrier subject to the provisions of this chapter, shall, directly or indirectly, issue or give any interstate free ticket, free pass, or free transportation for passengers, except to its employees, its officers, time inspectors, surgeons, physicians, and attorneys at law, and the families of any of the foregoing to the executive officers, general chairmen, and counsel of employees' organizations when such organizations are authorized and designated to represent employees in accordance with the provisions of the Railway Labor Act; to ministers of religion, traveling secretaries of railroad Young Men's Christian Associations, inmates of hospitals and charitable and eleemosynary institutions, and persons exclusively engaged in charitable and eleemosynary work; to indigent, destitute and homeless persons, and to such persons when transported by charitable societies or hospitals, and the necessary agents employed in such transportation; to inmates of the National Homes or State Homes for Disabled Volunteer Soldiers, and of Soldiers' and Sailors' Homes, including those about to enter and those returning home after discharge; to necessary caretakers of livestock, poultry, milk, and fruit; to employees on sleeping cars, express cars, and to linemen of telegraph and telephone companies; to railway mail-service employees and persons in charge of the mails when on duty and traveling to and from duty. and all duly accredited agents and officers of the Post Office Department and the Railway Mail Service and post-office inspectors while traveling on official business, upon the exhibition of their credentials; to customs inspectors, and immigration officers; to newsboys on trains, baggage agents, witnesses attending any legal investigation in which the common carrier is interested, persons injured in wrecks and physicians and nurses attending such persons: Provided, That this provision shall not be construed to prohibit the interchange of passes for the officers, agents, and employees of common carriers, and their families; nor to prohibit any common carrier from carrying passengers free with the object of providing relief in cases of general epidemic, pestilence, or other calamitous visitation: And provided further, That this provision shall not be construed to prohibit the privilege of passes or franks, or the exchange thereof with each other, for the officers, agents, employees, and their families of such telegraph, telephone, and cable lines, and the officers, agents, employees and their families of other common carriers subject to the provisions of this chapter: Provided further, That the term "employees" as used in this paragraph shall include furloughed, pensioned, and superannuated employees, persons who have become disabled or infirm in the service of any such common carrier, and the remains of a person killed in the employment of a carrier and exemployees traveling for the purpose of entering the service of any such common carrier; and the term "families" as used in this paragraph shall include the families of those |