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PART I

Title 49.-Chapter 1, U. S. Code

REGULATION IN GENERAL; CAR SERVICE; ALTERATION OF LINE

SEC. 1. [As amended June 29, 1906, April 13, 1908, June 18, 1910, May 29, 1917, August 10, 1917, February 28, 1920, June 19, 1934, August 9, 1935, September 18, 1940, June 24, 1948, August 2, 1949, August 12, 1958.] [49 U.S. C. § 1.]

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49 Stat. 543. 54 Stat. 899. 62 Stat. 602.

72 Stat. 570.

(1) That the provisions of this part shall apply to 63 Stat. 185. common carriers engaged in—

common carriers engaged in

transpor road, or by

tation by rail

(a) The transportation of passengers or property Act applies to 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, tation by pipe except water and except natural or artificial gas, by pipe line, or partly by pipe line and partly by railroad or by water; or

-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 Columbia, or from one place in a Territory to another place in the same Territory, or from any place in the United States through a foreign country to any other place in the United States, or from or to any place in the United States to or from a foreign country, but only in so far as such transportation takes place within the United States.

NOTE. Comparable general provision as to applicability, part II, §§ 202 (a) and 203 (a); part III, § 302; part IV, § 402.

Applicability of provisions of part I, II, and III to transportation subject to more than one part, see §§ 202 (c) and 303 (a), (f); and (as to motor and water transportation, respectively, by an express company) §§ 203 (a) (14) and 302 (d).

(2) The provisions of this part shall also apply to such transportation of passengers and property, but only in so far as such transportation takes place within the United States, but shall not apply

railroad and water. -transpor

line.

Between what

points act applies within

United States.

Act applies to only within

transportation

States.

48 Stat. 1102.

Sec. 1
- inapplicable
to intrastate

72 Stat. 570.

48 Stat. 1102.

absorbed by

54 Stat. 899. What included in term "common carrier." 48 Stat. 1102.

(a) To the transportation of passengers or property, transportation. 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 part;

(b) or

(c) To the transportation of passengers or property Act inappll.

by a carrier by water where such transportation would cable to water transportation

not be subject to the provisions of this part except for merely because the fact that such carrier absorbs, out of its port-to-port rail charges

water rates or out of its proportional through rates, any water line.

switching, terminal, lighterage, car rental, trackage, landling, or other charges by a rail carrier for services within the switching, drayage, lighterage, or corporate limits of a port terminal or district.

NOTE.—Comparable applicability provisions, part II, § 202 (a) ; part III, 8 302 (i); nonapplicability to intrastate commerce, part II, § 202 (b); part III, 88 302 (1), 303 (1), (k).

(3) (a) The term "common carrier" as used in this part 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 "carmon carrier."

rier" is used in this part it shall be held to mean “com

mon carrier.” The term “railroad” as used in this part What included shall include all bridges, car floats, lighters, and ferries road."

used by or operated in connection with any railroad, and also all the road in use by any common carrier operating a railroad, whethci 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 What included

term “transportation" as used in this part shall include in term "transportation." locomotives, cars, and other vehicles, vessels, and all in

strumentalities and facilities of shipment or carriage, irrespective of ownership or of any contract, express or implied, for the use thereof, and all services in conneclion with the receipt, delivery, elevation, and transfer in

transit, ventilation, refrigeration or icing, storage, and "Person" handling of property transported. The term “person”

as used in this part includes an individual, firm, copart

"Carrier" means "com

in term "rall

defined.

Sec. 1

"Control

con

pership, corporation, company, association, or joint-stock association; and includes a trustee, receiver, assignee, 64 Stat. 899. or personal representative thereof.

NOTE.-Comparable provisions, as to "transportation" under part II, $ 203 (a) (19) ; part III, § 202 (h); as to “transportation facility" under part III, 8 302 (g); limitation of act as to transportation intraharbor or by small watercraft, 8 303 (g).

(b) For the purposes of sections 5, 12 (1), 20, 204 (a) 4 Stat. 899. (7), 210, 220, 304 (b), 310, and 313 of this Act, where strued. 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. NOTE.—Comparable provision, part IV, § 402 (a) (8).

(4) It shall be the duty of every common carrier sub- 64 Stat. 900. ject to this part to provide and furnish transportation Common-car;

to upon reasonable request there for, and to establish reason- provide and

furnish trans. able through routes with other such carriers, and jusi portation. and reasonable rates, fares, charges, and classifications Through routes

and just and applicable thereto; and it shall be the duty of common reasonable carriers by railroad subject to this part to establish reasonable through routes with common carriers by water subject to part III, 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 oper- Facilities

and ating such routes and to make reasonable rules and regu

through routes. lations 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 Divisions not unduly prefer or prejudice any of such participating undaly prefercarriers.

prejudicial.

rates.

reasonable, not

or

NOTE.—Compare (as to through routes and joint rates) under part II, § 216 (a), common carriers of passengers by motor ve hicle; 8 216 (c), common carriers of property by motor vehicle, part III, § 305 (b).

Duty to furnish transportation upon reasonable request, part III, § 30] (a); part IV, $ 404 (a).

Sec. 1

charges to be just and reasonable.

48 Stat. 1102.

54 Stat. 900. 63 Stat. 485. Exchange of services with transmission companies.

regulations

34 Stat. 900. (5) All charges made for any service rendered or 63 Stat. 485. Transportation to be rendered in the transportation of passengers or

property, 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.

NOTE.--Comparable provisions, part II, $ 216 (a)-(d); part III, § 305 (a); part IV, § 404 (a).

(512) 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) It is hereby made the duty of all common carriers

subject to the provisions of this part to establish, obJust and serve, and enforce just and reasonable classifications of reasonable classifications property for transportation, with reference to which of property for transporta

rates, tariffs, regulations, or practices are or may be tion required.

made or prescribed, and just and reasonable regulations Just and and practices affecting classifications, rates, or tariffs, reasonable transportation the issuance, form, and substance of tickets, receipts, and practices

and bills of lading, the manner and method of presentrequired.

ing, 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 part 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 part upon just

and reasonable terms, and every unjust and unreason-unjust and able classification, regulation, and practice is prohibited unreasonable, prohibited. and declared to be unlawful.

Note.-Comparable provision under part II, § 216 (a), (b);

part III, § 305 (a); part IV, § 404 (a). 34 Stat, 584.

(7) No common carrier subject to the provisions of 36 Stat. 544. this part shall, after January first, nineteen hundred and Free passes and seven, directly or indirectly, issue or give any interstate free transporta free ticket, free pass, or free transportation for passertion . 62 Stat. 602.

gers, except to its employees, its officers, time inspectors, 54 Stat. 900. surgeons, physicians, and attorneys at law, and the fami

lies of any of the foregoing; to the executive officers,

35 Stat. 60.

41 Stat. 475.

Sec. 1

classes.

54 Stat. 900,

general chairmen, and counsel of employees' organiza-
tions when such organizations are authorized and desig- Excepted
nated 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 chari-
table and eleemosynary institutions, and persons exclu-
sively engaged in charitable and eleemosynary work; to
indigent, destitute, and homeless persons, and to such
persons when transported by charitable societies or hos-
pitals, and the necessary agents employed in such trans-
portation; 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 care-
takers of live stock, poultry, milk, and fruit; to em-
ployees 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 inspectors; to newsboys on trains,
baggage agents, witnesses attending any legal investiga-
tion 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

Interchange construed to prohibit the interchange of passes for the of passes. officers, agents, and employees of common carriers, and their families; nor to prohibit any common carrier from

Free carriage of carrying passengers free with the object of providing passengers in relief in cases of general epidemic, pestilence, or other calamity. calamitous visitation: And provided further, That this provision shall not be construed to prohibit the privilege

Exchange of of passes or franks, or the exchange thereof with each passes or franki other, for the officers, agents, employees, and their fam- mission and ilies 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 part: 85 Stat. 6o. Provided further, That the term "employees” as used in What terms

" this paragraph shall include furloughed, pensioned, and and families" superannuated employees, persons who have become dis

case of

between trans

other carriers.

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