49 U.S. Code § 10741 - Prohibitions against discrimination by rail carriers

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(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, § 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, § 33(d),July 1, 1980, 94 Stat. 825; Pub. L. 96–448, title II, § 212,Oct. 14, 1980, 94 Stat. 1912; Pub. L. 99–521, § 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, § 102(a). See sections 10741 and 15505 of this title.


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