
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC10741]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
                              PART A--RAIL
 
                           CHAPTER 107--RATES
 
                       SUBCHAPTER III--LIMITATIONS
 
Sec. 10741. Prohibitions against discrimination by rail carriers

    (a)(1) A rail carrier providing transportation or service subject to 
the jurisdiction of the Board under this part may not subject a person, 
place, port, or type of traffic to unreasonable discrimination.
    (2) For purposes of this section, a rail carrier engages in 
unreasonable discrimination when it charges or receives from a person a 
different compensation for a service rendered, or to be rendered, in 
transportation the rail carrier may perform under this part than it 
charges or receives from another person for performing a like and 
contemporaneous service in the transportation of a like kind of traffic 
under substantially similar circumstances.
    (b) This section shall not apply to--
        (1) contracts described in section 10709 of this title;
        (2) rail rates applicable to different routes; or
        (3) discrimination against the traffic of another carrier 
    providing transportation by any mode.

    (c) Differences between rates, classifications, rules, and practices 
of rail carriers do not constitute a violation of this section if such 
differences result from different services provided by rail carriers.

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109 Stat. 
819.)


                            Prior Provisions

    A prior section 10741, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1390; 
Pub. L. 96-296, Sec. 33(d), July 1, 1980, 94 Stat. 825; Pub. L. 96-448, 
title II, Sec. 212, Oct. 14, 1980, 94 Stat. 1912; Pub. L. 99-521, 
Sec. 7(h), Oct. 22, 1986, 100 Stat. 2995, related to prohibitions 
against discrimination by common carriers, prior to the general 
amendment of this subtitle by Pub. L. 104-88, Sec. 102(a). See sections 
10741 and 15505 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 10705, 10709 of this title.
