United States Code Title 49 — Transportation

§ 10741. Prohibitions against discrimination by rail carriers

§ 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.