
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: 49USC24306]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                    PART C--PASSENGER TRANSPORTATION
 
                           CHAPTER 243--AMTRAK
 
Sec. 24306. Mail, express, and auto-ferry transportation

    (a) Actions To Increase Revenues.--Amtrak shall take necessary 
action to increase its revenues from the transportation of mail and 
express. To increase its revenues, Amtrak may provide auto-ferry 
transportation as part of the basic passenger transportation authorized 
by this part.
    (b) Authority of Others To Provide Auto-Ferry Transportation.--State 
and local laws and regulations that impair the provision of auto-ferry 
transportation do not apply to Amtrak or a rail carrier providing auto-
ferry transportation. A rail carrier may not refuse to participate with 
Amtrak in providing auto-ferry transportation because a State or local 
law or regulation makes the transportation unlawful.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 910; Pub. L. 105-
134, title I, Sec. 102, Dec. 2, 1997, 111 Stat. 2572.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
24306(a)..............................  45:545(b) (1st, 2d sentence      Oct. 3
0, 1970, Pub. L. 91-518, 84 Stat.
                                         words before 2d comma, last      1327,
 Sec.  305(b) (1st-3d, last
                                         sentence).                       sente
nces); added June 22, 1972, Pub.
                                                                          L. 92
-316, Sec.  2(3), 86 Stat. 228;
                                                                          Nov. 
3, 1973, Pub. L. 93-146, Sec.  5,
                                                                          87 St
at. 549.
24306(b)(1)...........................  45:545(b) (2d sentence words
                                         after 2d comma).
24306(b)(2)...........................  45:545(b) (3d sentence).
24306(b)(3)...........................  45:546(h).                       Oct. 3
0, 1970, Pub. L. 91-518, 84 Stat.
                                                                          1327,
 Sec.  306(h); added Nov. 3,
                                                                          1973,
 Pub. L. 93-146, Sec.  7, 87
                                                                          Stat.
 551.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``and to better accomplish the purposes 
of this chapter'' and ``modify its services to'' are omitted as surplus. 
The words ``a department, agency, or instrumentality of the United 
States Government'' are substituted for ``Federal departments and 
agencies'' for consistency in the revised title and with other titles of 
the United States Code. The words ``consistent with the provisions of 
existing law'' are omitted as surplus.
    In subsection (b)(1), before clause (A), the words ``A person 
primarily providing auto-ferry transportation and any other person not a 
rail carrier may provide'' are substituted for ``except that nothing 
contained in this chapter shall prevent any other person, other than a 
railroad (except that for purposes of this section a person primarily 
engaged in auto-ferry service shall not be deemed to be a railroad), 
from providing such'' to eliminate unnecessary words. The text of 
45:545(b) (2d sentence words after ``the public'') is omitted as 
obsolete.
    In subsection (b)(2), the words ``may provide'' are substituted for 
``Nothing in this section shall be construed to restrict the right of . 
. . from performing'' to eliminate unnecessary words and for clarity. 
The words ``rail lines'' are substituted for ``lines'' for clarity and 
consistency in the revised title and with other titles of the Code.
    In subsection (b)(3), the words ``has the effect of prohibiting 
or'', ``fine, penalty, or other'', and ``for violation of'' are omitted 
as surplus. The words ``rail carrier'' are substituted for ``common 
carrier by railroad'' for consistency in the revised title and with 
other titles of the Code.


                               Amendments

    1997--Subsec. (a). Pub. L. 105-134, Sec. 102(1), struck out at end 
``When requested by Amtrak, a department, agency, or instrumentality of 
the United States Government shall assist in carrying out this 
section.''
    Subsec. (b). Pub. L. 105-134, Sec. 102(2), added subsec. (b) and 
struck out heading and text of former subsec. (b). Text read as follows:
    ``(1) A person primarily providing auto-ferry transportation and any 
other person not a rail carrier may provide auto-ferry transportation 
over any route under a certificate issued by the Interstate Commerce 
Commission if the Commission finds that the auto-ferry transportation--
        ``(A) will not impair the ability of Amtrak to reduce its losses 
    or increase its revenues; and
        ``(B) is required to meet the public demand.
    ``(2) A rail carrier that has not made a contract with Amtrak to 
provide rail passenger transportation may provide auto-ferry 
transportation over its own rail lines.
    ``(3) State and local laws and regulations that impair the provision 
of auto-ferry transportation do not apply to Amtrak or a rail carrier 
providing auto-ferry transportation. A rail carrier may not refuse to 
participate with Amtrak in providing auto-ferry transportation because a 
State or local law or regulation makes the transportation unlawful.''
