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.] 49 Stat. 543. 54 Stat. 899. 62 Stat. 602. 72 Stat. 570. (1) That the provisions of this part shall apply to 83 Stat. 455. common carriers engaged in— common Act applies to carriers -transpor road, or by engaged in tation by rail (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, 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 ap plies within United States. Act applies to only within transportation United States. 48 Stat. 1102. Sec. 1 -inapplicable to intrastate transportation. 72 Stat. 570. 48 Stat. 1102. Act inapplicable to water transportation merely because rail charges absorbed by water line. 54 Stat. 899. What included in term "common carrier." 48 Stat. 1102. "Carrier" means "common carrier." in term "railroad." (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 part; (b) or (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 part 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. NOTE. Comparable applicability provisions, part II, § 202 (a); part III, § 302 (i); nonapplicability to intrastate commerce, part II, § 202 (b); part III, §§ 302 (1), 303 (j), (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 "carrier" is used in this part it shall be held to mean “common carrier." The term "railroad" as used in this part What included 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 part 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 part includes an individual, firm, copart What included in term "transportation." "Person" defined. Sec. 1 nership, corporation, company, association, or joint-stock association; and includes a trustee, receiver, assignee, 54 Stat. 899. or personal representative thereof. NOTE.-Comparable provisions, as to "transportation" under part II, § 203 (a) (19); part III, § 302 (h); as to "transportation facility" under part III, § 302 (g); limitation of act as to transportation intraharbor or by small watercraft, § 303 (g). (b) For the purposes of sections 5, 12 (1), 20, 204 (a) (7), 210, 220, 304 (b), 310, and 313 of this Act, 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. NOTE. Comparable provision, part IV, § 402 (a) (8). (4) It shall be the duty of every common carrier subject to this part to provide and furnish transportation upon reasonable request therefor, and to establish reasonable through routes with other such carriers, and jusi and reasonable rates, fares, charges, and classifications applicable thereto; and it shall be the duty of common 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 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. NOTE.-Compare (as to through routes and joint rates) under part II, § 216 (a), common carriers of passengers by motor vehicle; 216 (c), common carriers of property by motor vehicle, part III, § 305 (b). Duty to furnish transportation upon reasonable request, part III, § 305 (a); part IV, & 404 (a). 54 Stat. 899. strued. "Control" con rier duties; to 54 Stat. 900. Common-carprovide and portation. Through routes reasonable furnish trans and just and rates. rules for Facilities and through routes. Divisions reasonable, not unduly prefer ential or prejudicial. Sec. 1 54 Stat. 900. 63 Stat. 485. (5) All charges made for any service rendered or Transportation to be rendered in the transportation of passengers or charges to be just and reasonable. 48 Stat. 1102. 54 Stat. 900. 63 Stat. 485. Exchange of services with transmission companies. Just and reasonable classifications of property tion required. Just and reasonable transportation regulations and practices required.* 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, observe, and enforce just and reasonable classifications of property for transportation, with reference to which for transporta 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 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 unreasonable classification, regulation, and practice is prohibited and declared to be unlawful. -unjust and unreasonable, prohibited. 34 Stat. 584. 35 Stat. 60. 36 Stat. 544. 41 Stat. 475. Free passes and free transporta tion prohibited. 62 Stat. 602. 54 Stat. 900. NOTE. Comparable provision under part II, § 216 (a), (b); part III, § 305 (a); part IV, § 404 (a). (7) No common carrier subject to the provisions of this part shall, after January first, nineteen hundred and seven, 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, Sec. 1 classes. 54 Stat. 900. general chairmen, and counsel of employees' organiza- Interchange Free carriage of passengers in calamity. case of Exchange of passes or franke mission and between trans other carriers. 35 Stat. 60. What terms. and "families" "employees" include. |