Page:United States Statutes at Large Volume 92 Part 2.djvu/92

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PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 1372

Post, p. 1402.

49 USC 10702.

Filing.

Relief. Ante, p. 1337. Proceeding.

49 USC 10703.

PUBLIC LAW 95-473—OCT. 17, 1978 diction of the Commission under either of those subchapters or unreasonably discriminate against that line in the distribution of traffic that is not routed specifically by the shipper. (d) In a proceeding to determine whether a rate for transportation or service provided by a common carrier subject to the jurisdiction of the Commission under subchapter II, III, or IV of chapter 105 of this title complies with subsection (a) of this section, the good will, earning power, or certificate or permit under which that carrier is operating may not be considered or admitted as evidence of the value of the property of that carrier. When the carrier receives a certificate or permit under chapter 109 of this title, it is considered to have agreed to this subsection for itself and for all transferees of that certificate or permit. § 10702. Authority for carriers to establish rates, classifications, rules, and practices (a) A common carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title shall establish— (1) rates, including divisions of joint rates, and classifications for transportation and service it may provide under this subtitle; and (2) rules and practices on matters related to that transportation or service, including rules and practices on— (A) issuing tickets, receipts, bills of lading, and manifests; (B) carrying of baggage; (C) the manner and method of presenting, marking, packing, and delivering property for transportation; and (D) facilities for transportation. (b) A contract carrier providing transportation subject tx) the jurisdiction of the Commission under chapter 105 of this title shall establish, and file with the Commission, actual and minimum rates for the transportation it may provide under this subtitle and rules and practices related to those rates. However, this subsection does not require a motor contract carrier to maintain the same rates and rules related to those rates for the same transportation provided to shippers served by it. The Commission may grant relief from this subsection when relief is consistent with the public interest and the transportation policy of section 10101 of this title. The Commission may begin a proceeding under this subsection on application of a contract carrier or group of contract carriers or on its own initiative for a water contract carrier or group of water contract carriers. § 10703. Authority for carriers to establish through routes (a) A carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title shall establish through routes as follows: (1) Eail, express, sleeping car, and pipeline carriers shall establish through routes with each other and shall establish rates and classifications applicable to those routes. (2) Eail and water common carriers shall establish through routes with each other and shall establish rates and classifications applicable to those routes. (3) A motor common carrier of passengers shall establish through routes with other carriers of the same type and shall establish individual and joint rates applicable to them.