THE INTERSTATE COMMERCE ACT

Being the Act to Regulate Commerce as Amended

Parts I, II, III, and IV

[The original act to regulate commerce was enacted Feb. 4, 1887. Amendments and additions thereto are indicated in the date line of each section. The Motor Carrier Act, Aug. 9, 1935, cited in the date line of many sections in part I, made one amendment to part I, i. e., it changed the words "this Act" wherever they appeared to "this part." 49 Stat. 543.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SHORT TITLE

Citation.

[September 18, 1940.] [49 U. S. C., §§ 27, 301, 901, and 54 Stat. 899. 1001, notes.] This Act may be cited as the Interstate Commerce Act.

NATIONAL TRANSPORTATION POLICY

Policy stated.

-inherent advantages.

-reasonable, etc., charges.

[September 18, 1940.] [49 U. S. C., preceding §§ 1, 54 Stat. 899. 301, 901, and 1001.] It is hereby declared to be the national transportation policy of the Congress to provide for fair and impartial regulation of all modes of transportation subject to the provisions of this Act, so administered as to recognize and preserve the inherent advantages of each; to promote safe, adequate, economical, and efficient service and foster sound economic conditions in transportation and among the several carriers; to encourage the establishment and maintenance of reasonable charges for transportation services, without unjust discriminations, undue preferences or advantages, or unfair or destructive competitive practices; to cooperate with the several States and the duly author- with States. ized officials thereof; and to encourage fair wages and equitable working conditions;-all to the end of develop-working ing, coordinating, and preserving a national transportation system by water, highway, and rail, as well as other coordination. means, adequate to meet the needs of the commerce of the United States, of the Postal Service, and of the national defense. All of the provisions of this Act shall be

-cooperation

conditions.

Administration administered and enforced with a view to carrying out the above declaration of policy.

to carry out policy.

Policy to

develop water transportation declared.

41 Stat. 499.

NOTE. The following constitutes the first paragraph of section 500 of the Transportation Act, 1920, approved February 28, 1920, infra:

"SEC. 500. [U. S. Code, title 49, § 142.] It is hereby declared to be the policy of Congress to promote, encourage, and develop water transportation, service, and facilities in connection with the commerce of the United States, and to foster and preserve in full vigor both rail and water transportation."

Compare also the declaration of policy as to export rates on agricultural products, § 3 (1a), and the Hoch-Smith Resolution, § 55, infra.

See also the declaration of policy with respect to assuring the sound financial condition of rail carriers and avoiding interruption of employment, preamble to § 20b.

PART I

Title 49. Chapter 1, U. S. Code

REGULATION IN GENERAL; CAR SERVICE; ALTERATION OF LINE

24 Stat. 379.

34 Stat. 584. 35 60.

36

38 Stat. 544. 40 Stat. 101.

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.] [49 U. S. C., § 1.] (1) That the provisions of this part shall apply to 54 Stat. 899. common carriers engaged in

(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

41 Stat. 474. 48 Stat. 1102. 49 Stat. 543.

62 Stat. 602. 63 Stat. 485.

common

Act applies to carriers transporroad, or by

engaged in

tation by rail

railroad and water. -transpor

line.

(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

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.

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."

What included in term "railroad.'

What included

in term "transportation."

"Person" defined.

(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;

(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 (i), 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 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