indirect, except such articles or commodities as may be necessary and intended for its use in the conduct of its business as a common carrier. Sec. 1 construct and op nections. (9) Any common carrier subject to the provisions of Carriers' duty to this part, upon application of any lateral, branch line of erate switch conrailroad, or of any shipper tendering interstate traffic for transportation, shall construct, maintain, and operate upon reasonable terms a switch connection with any such lateral, branch line of railroad, or private side track which may be constructed to connect with its railroad, where such connection is reasonably practicable and can be put in with safety and will furnish sufficient business to justify the construction and maintenance of the same; and shall furnish cars for the movement of such traffic to the best of its ability without discrimination in favor of or against any such shipper. If any common carrier shall fail to install and operate any such switch or connection as aforesaid, on application therefor in writing by any shipper or owner of such lateral, branch lines of railroad, such shipper or owner of such lateral, branch line of railroad may make complaint to the Commission, as provided in section thirteen of this part, and the Commission shall hear and investigate the same and shall de- Commission may termine as to the safety and practicability thereof and nections. justification and reasonable compensation therefor, and the Commission may make an order, as provided in section fifteen of this part, directing the common carrier to comply with the provisions of this section in accordance with such order, and such order shall be enforced as hereinafter Enforcement of provided for the enforcement of all other orders by the Commission other than orders for the payment of money. (10) The term " car service" in this part shall include 40 Stat. L. 101. the use, control, supply, movement, distribution, exchange, term "car serv interchange, and return of locomotives, cars, and other vehicles used in the transportation of property, including special types of equipment, and the supply of trains, by any carrier by railroad subject to this part. order switch con order. What included in ice." quired car and practices. serv (11) 19 It shall be the duty of every carrier by railroad Character of resubject to this part to furnish safe and adequate car ice, and rules service and to establish, observe, and enforce just and reasonable rules, regulations, and practices with respect to car service; and every unjust and unreasonable rule, 19 Duty of common carrier of property by motor vehicle to provide service, equipment, and facilities, sec. 216 (b), post. Sec. 1. Just and reason able distribution quired. regulation, and practice with respect to car service is prohibited and declared to be unlawful. (12) It shall also be the duty of every carrier by railof coal cars re- road to make just and reasonable distribution of cars for transportation of coal among the coal mines served by it, whether located upon its line or lines or customarily dependent upon it for car supply. During any period when the supply of cars available for such service does not equal the requirements of such mines it shall be the duty of the carrier to maintain and apply just and reaRatings of mines sonable ratings of such mines and to count each and every car furnished to or used by any such mine for transportation of coal against the mine. Failure or refusal so to do shall be unlawful, and in respect of each car not so counted shall be deemed a separate offense, and the carrier, receiver, or operating trustee so failing or refusing shall forfeit to the United States the sum of $100 for each offense, which may be recovered in a civil action brought by the United States. during car short age. Penalty. Commission may require filing of car-service rules and regulations. Incorporation in schedules; subject to Act. Commission may establish rules, regulations, or practices. Compensation and penalties. Power of Commission when (13) The Commission is hereby authorized by general or special orders to require all carriers by railroad subject to this part, or any of them, to file with it from time to time their rules and regulations with respect to car service, and the Commission may, in its discretion, direct that such rules and regulations shall be incorporated in their schedules showing rates, fares, and charges for transportation, and be subject to any or all of the provisions of this part relating thereto. (14) The Commission may, after hearing, on a complaint or upon its own initiative without complaint, establish reasonable rules, regulations, and practices with respect to car service by carriers by railroad subject to this part, including the compensation to be paid for the use of any locomotive, car, or other vehicle not owned by the carrier using it, and the penalties or other sanctions for nonobservance of such rules, regulations, or practices. (15) Whenever the Commission is of opinion that emergency exists. shortage of equipment, congestion of traffic, or other emergency requiring immediate action exists in any section of the country, the Commission shall have, and it is hereby given, authority, either upon complaint or upon its own initiative without complaint, at once, if it so orders, without answer or other formal pleading by the interested carrier or carriers, and with or without notice, hearing, or the making or filing of a report, according Sec. 1 -directions as fixation of com use of terminals. as the Commission may determine: (a) to suspend the -suspension of operation of any or all rules, regulations, or practices established rules then established with respect to car service for such time as may be determined by the Commission; (b) to make such just and reasonable directions with respect to car to car service; service without regard to the ownership as between car- pensation. riers of locomotives, cars, and other vehicles, during such emergency as in its opinion will best promote the service in the interest of the public and the commerce of the people, upon such terms of compensation as between the carriers as they may agree upon, or, in the event of their disagreement, as the Commission may after subsequent hearing find to be just and reasonable; (c) to require requirement of such joint or common use of terminals, including main- joint or common line track or tracks for a reasonable distance outside of such terminals, as in its opinion will best meet the emergency and serve the public interest, and upon such terms as between the carriers as they may agree upon, or, in the event of their disagreement, as the Commission may Power of Comafter subsequent hearing find to be just and reasonable; scription of and (d) to give directions for preference or priority in transportation, embargoes, or movement of traffic under preference, pripermits, at such time and for such periods as it may and movement determine, and to modify, change, suspend, or annul them. In time of war or threatened war the President may certify to the Commission that it is essential to the national defense and security that certain traffic shall have preference or priority in transportation, and the-priority upon Commission shall, under the power herein conferred, President. direct that such preference or priority be afforded. mission, pre terms. ority, embargoes, under permit. certificate of (16) Whenever the Commission is of opinion that any Routing of traffic. carrier by railroad subject to this part is for any reason unable to transport the traffic offered it so as properly to serve the public, it may, upon the same procedure as provided in paragraph (15), make such just and reasonable directions with respect to the handling, routing, and movement of the traffic of such carrier and its distribution over other lines of roads, as in the opinion of the Commission will best promote the service in the interest of the public and the commerce of the people, and upon such terms as between the carriers as they may agree upon, or, Fixation of terms in the event of their disagreement, as the Commission may when carriers disafter subsequent hearing find to be just and reasonable. agree. Sec. 1 rections given Compliance by carriers required. Commission's di- (17) The directions of the Commission as to car servthrough agencies. ice and to the matters referred to in paragraphs (15) and (16) may be made through and by such agents or agencies as the Commission shall designate and appoint for that purpose. It shall be the duty of all carriers by railroad subject to this part, and of their officers, agents, and employees, to obey strictly and conform promptly to such orders or directions of the Commission, and in case of failure or refusal on the part of any carrier, receiver, or operating trustee to comply with any such order or direction such carrier, receiver, or trustee shall be liable to a penalty of not less than $100 nor more than $500 for each such offense and $50 for each and every day of the continuance of such offense, which shall accrue to the United States and may be recovered in a civil action brought by the United States: Provided, however, That nothing in this part shall impair or affect the right of a Preservation of State, in the exercise of its police power, to require just Penalty. State police power. Certificate of convenience and necessity, when required. and reasonable freight and passenger service for intrastate business, except in so far as such requirement is inconsistent with any lawful order of the Commission made under the provisions of this part. (18) 20 After ninety days after this paragraph takes effect no carrier by railroad subject to this part shall undertake the extension of its line of railroad, or the construction of a new line of railroad, or shall acquire. or operate any line of railroad, or extension thereof, or shall engage in transportation under this part over or by means of such additional or extended line of railroad, unless and until there shall first have been obtained from the Commission a certificate that the present or future public convenience and necessity require or will require the construction, or operation, or construction and operation, of such additional or extended line of No abandonment railroad, and no carrier by railroad subject to this part shall abandon all or any portion of a line of railroad, or the operation thereof, unless and until there shall first have been obtained from the Commission a certificate of line without certificate from Commission. "Certificate of public convenience and necessity for common carriers by motor vehicle, sec. 206-208; permits for contract carriers by motor vehicle, sec. 209; dual operation as contract and common carrier, sec. 210; suspension, change, revocation, transfer, etc., of certificates, permits and licenses under Motor Carrier Act. 1935, sec. 212 that the present or future public convenience and necessity permit of such abandonment.21 Sec. 1 application for (19) 22 The application for and issuance of any such Procedure upon certificate shall be under such rules and regulations as to certificate. hearings and other matters as the Commission may from time to time prescribe, and the provisions of this part shall apply to all such proceedings. Upon receipt of any application for such certificate the Commission shall cause notice thereof to be given to and a copy filed with Notice. the governor of each State in which such additional or extended line of railroad is proposed to be constructed or operated, or all or any portion of a line of railroad, or the operation thereof, is proposed to be abandoned, with the right to be heard as hereinafter provided with respect Right to be to the hearing of complaints or the issuance of securities; and said notice shall also be published for three consecutive weeks in some newspaper of general circulation in' each county in or through which said line of railroad is constructed or operates. heard. be refused, or is partially. (20) 23 The Commission shall have power to issue such certificate may certificate as prayed for, or to refuse to issue it, or to sued as prayed or issue it for a portion or portions of a line of railroad, or extension thereof, described in the application, or for the partial exercise only of such right or privilege, and may attach to the issuance of the certificate such terms and Terms and condiconditions as in its judgment the public convenience and issuance. necessity may require. From and after issuance of such tions attached to "[Provision in St. Louis Municipal Bridge Act of February 13, 1924.] The right to alter, amend, or repeal this Act is hereby 43 Stat. L. 8. expressly reserved: Provided, That the city of St. Louis may construct approaches, additions, or extensions, in addition to those Additional apnow existing, connecting said bridge with any railroad or highway proaches, etc., in East St. Louis, within or through the city of East St. Louis, Illinois; but before Ill. constructing such approaches, additions, or extensions the location thereof shall first have been approved by, and a certificate of public convenience and necessity therefor shall first have been obtained from, the Interstate Commerce Commission. diction and authority to consider and determine such questions is proval of Interhereby conferred upon the Interstate Commerce Commission, in state Commerce Commission. the same manner and to the same extent as in the case of other proceedings for certificates of public convenience and necessity under paragraphs (18), (19), and (20) of section 1 of the Interstate Commerce Act. 22 Full juris- Subject to ap Applications for certificates, etc., under Motor Carrier Act, 1935, see references in footnote 20 to par. (18), ante. 23 Certificates under Motor Carrier Act, 1935, see references in footnote 20 to par. (18), ante. Unlawful operation under Motor Carrier Act, 1935, sec. 222 (a), (b), post. 20049-35 |