49:16(7). 11914(b).... 49:322(a). 11914(c)..... 49:915(e). 49:917(a). 11914(d).... 49:1016(d). 49:1021(a). Feb. 4, 1887, ch. 104, 24 Stat. 379, § 16(7); added June 29, 1906, ch. 3591, § 5, 34 Stat. 591; restated June 18, 1910, ch. 309, § 13, 36 Stat. 554; Feb. 28, 1920, ch. 91, § 425. 41 Stat. 492. Feb. 4, 1887, ch. 104, 24 Stat. 379, § 222(a); added Aug. 9, 1935, ch. 498, § 1, 49 Stat. 564; Aug. 14, 1957, Pub. L. 85-135, § 4(1), 71 Stat. 352. Feb. 4, 1887, ch. 104, 24 Stat. 379, § 315(e); added Sept. 18, 1940, ch. 722, § 201, 54 Stat. 946. 104, 24 Stat. added May 318, § 1, 56 Feb. 4, 1887, ch. 104, 24 Stat. 379, 317(a); added Sept. 18, 1940, ch. 722, § 201, 54 Stat. 947. Feb. 4, 1887, ch. 379, § 416(d); 16, 1942, ch. Stat. 297. Feb. 4, 1887, ch. 379. § 421(a); 16, 1942, ch. Stat. 298. 104, 24 Stat. added May 318, § 1, 56 In subsection (a), the words "person acting for" are substituted for "agent, or person acting for" as being more inclusive. The word "person" is substituted for "corporation, company, person, or party" for clarity in view of the definition of "person" in section 10102 of the revised title. The words "that . . . violates this subtitle" are substituted for "shall . . . do or cause to be done, or shall . . . suffer or permit to be done, any act, matter, or thing in this chapter prohibited or declared to be unlawful . . . or shall . . . omit or fail to do any act, matter, or thing in this chapter required to be done, or shall cause or . . . suffer or permit any act, matter, or thing so directed or required by this chapter to be done; not to be so done . . . or shall be guilty of any infraction of this chapter" for clarity and to conform to section 2 of title 18. The words "who shall aid or abet therein" are omitted in view of section 2 of title 18. The words "shall be deemed guilty of a misdemeanor, and . . ., upon conviction thereof in any district court of the United States within the jurisdiction of which such offense was committed" are omitted as surplus and as unnecessary in view of title 18 and the Federal Rules of Criminal Procedure (18 U.S.C. app.). The word "However" is substituted for "Provided, That" for consistency. The word "violation" is substituted for "offense" for consistency. The words "shall be convicted as aforesaid" are omitted as surplus. The words "discrimination in rates charged" are substituted for "unlawful discrimination in rates, fares, or charges" for clarity and consistency. The words "of passengers or property" are omitted as surplus. The words "or the transmission of intelligence" are omitted as repealed by section 602(b) of the Act of June 19, 1934, ch. 652, 48 Stat. 1102, since those words do not apply to 49:1(51⁄21⁄2) or (7), the only remaining provisions related to communication in 49:ch. 1 that were not repealed by that Act. The words "in the penitentiary for a term" are omitted as surplus. The words "in the discretion of the court" are omitted as unnecessary in view of the restatement. In subsections (b)-(d), the word "order" is substituted for "requirement" as being inclusive. The word "regulation" is substituted for "rule, regulation" for consistency. The word "criminal" is added for clarity. The words "shall, upon conviction thereof" are omitted as surplus. In subsection (c), the words "Venue in a criminal action under this subsection" are added for clarity. The words "any part of" are substituted for "in whole or in part" for clarity. This amends section 11914(c) to make a technical change for consistency with other sections in chapter 119 and to correct a grammatical error. REFERENCES IN TEXT The date of enactment of the Department of Transportation Act, referred to in subsec. (b), is the date of enactment of Pub. L. 89-670, 80 Stat. 931, which was approved Oct. 15, 1966. AMENDMENTS 1983-Subsec. (b). Pub. L. 97-424 added "or subject to the jurisdiction of the Commission prior to enactment of the Department of Transportation Act,". 1980-Subsec. (c). Pub. L. 96-258 substituted "Trial" for "Venue" and "is committed" for "was committed". EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-258 effective Oct. 17, 1978, see section 3(d) of Pub. L. 96-258, set out as a note under section 10525 of this title. § 11915. Punishment of corporation for violations committed by certain individuals An act or omission that would be a violation of this subtitle if committed by a director, officer, receiver, trustee, lessee, agent, or employee of a common carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title that is a corporation is also a violation of this subtitle by that corporation. The penalties of this chapter apply to that violation. When acting in the scope of their employment, the actions and omissions of individuals acting for or employed by that carrier are considered to be the actions and omissions of that carrier as well as that individual. (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1464.) The words "that would be a violation of this subti tle" are substituted for "would constitute a misdemeanor under said Acts or under sections 41, 42, or 43 of this title" for consistency. The words "providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title" are substituted for "subject to the Act to regulate commerce and the Acts amendatory thereof" for consistency. The word "is" is substituted for "shall also be held to be" for clarity. The words "upon conviction thereof" are omitted as surplus. The 2d sentence is substituted for "it shall be subject to like penalties as are prescribed in said Acts or by sec tions 41, 42, or 43 of this title" for consistency in view of the restatement. The words "except as such penalties are herein changed" are omitted as unnecessary in view of the restatement. The words "in construing and enforcing provisions of this section" are omitted as surplus. The word "omissions" is substituted for "omission, or failure" as being more inclusive. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 11126 of this title. § 11916. Conclusiveness of rates in certain prosecutions When a carrier files with the Interstate Commerce Commission or publishes a particular rate under chapter 107 of this title or participates in one of those rates, the published or filed rate is conclusive proof against that carrier, its officers, and agents that it is the legal rate for that transportation or service in a proceeding begun under section 11902 or 11903 of this title. A departure, or offer to depart, from that rate is a violation of those sections. (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1464.) HISTORICAL AND REVISION NOTES SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 11126 of this title. § 11917. Weight-bumping in household goods transportation (a) For the purposes of this section, "weightbumping" means the knowing and willful making or securing of a fraudulent weight on a shipment of household goods which is subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title. (b) Any individual who has been found to have committed weight-bumping shall, for each offense, be fined at least $1,000 but not more than $10,000, imprisoned for not more than 2 years, or both. (Added Pub. L. 96-454, § 9(a), Oct. 15, 1980, 94 Stat. 2021.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 10934 of this title. SUBTITLE V-[RESERVED MISCELLANEOUS] TITLE 49-APPENDIX 1-INTERSTATE COMMERCE АСТ. PART I: GENERAL PROVISIONS AND RAILROAD AND PIPE LINE CARRIERS 1 to 23, 25. Repealed. Safety appliances, methods, and systems. (a) "Carrier" defined. (b) Order to install systems, etc.; modifi- (c) Filing report on rules, standards, and (e) Unlawful use of system, etc. (f) Report of failure of system, etc., and accidents. (g) Repealed. (h) Penalties; enforcement. 26a to 27. Repealed. § 1. Repealed. Pub. L. 95-473, § 4(b), (c), Oct. 17, 1978, 92 Stat. 1466, 1470; Pub. L. 96-258, § 3(b), June 3, 1980, 94 Stat. 427 Section repealed subject to an exception related to transportation of oil by pipeline. Section 402 of Pub. L. 95-607, which amended par. (14) of this section by adding subdiv. (b) and redesignating existing subdiv. (b) as (c) subsequent to the repeal of this section by Pub. L. 95-473, was repealed by Pub. L. 96-258. For disposition of this section in revised Title 49, Transportation, see Table at the beginning of Title 49. See, also, the notes following the Table. Prior to repeal, section read as follows: § 1. Regulation in general; car service; alteration of line (1) Carriers subject to regulation The provisions of this chapter shall apply to 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 (b) The transportation of oil or other commodity, except water and except natural or artificial gas, by pipe line, or partly by pipe line and partly by railroad or by water; or (c) Repealed. June 19, 1934, ch. 652, title VI, § 602(b), 48 Stat. 1102; 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 insofar as such transportation takes place within the United States. CHAPTER Sec. 3. state Commerce Act" [Repealed, Transferred, or Omitted]......... Termination of Federal Control [Repealed or Transferred]............ 26. 41 71 (2) Transportation subject to regulation The provisions of this chapter shall also apply to such transportation of passengers and property, but only insofar as such transportation takes place within the United States, but shall not apply (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, except as otherwise provided in this chapter; (b) Repealed. June 19, 1934, ch. 652, title VI, § 602(b), 48 Stat. 1102. (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 chapter except for the fact that such carrier absorbs, out of its portto-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. (3) Definitions (a) The term "common carrier" as used in this chapter 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 chapter it shall be held to mean "common carrier." The term "railroad" as used in this chapter 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 chapter 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 chapter includes an individual, firm, copartnership, corporation, company, association, or joint-stock association; and includes a trustee, receiver, assignee, or personal representative thereof. (b) For the purposes of sections 5, 12(1), 20, 304(a)(7), 310, 320, 904(b), 910, and 913 of this Appendix, where reference is made to control (in referring to a relationship between any person or persons and another person or persons), such reference shall be construed to include actual as well as legal control, whether maintained or exercised through or by reason of the method of or circumstances surrounding organization or operation, through or by common directors, officers, or stockholders, a voting trust or trusts, a holding or investment company or companies, or through or by any other direct or indirect means; and to include the power to exercise control. (4) Duty to furnish transportation and establish through routes; division of joint rates It shall be the duty of every common carrier subject to this chapter to provide and furnich transportation upon reasonable request therefor, and to establish reasonable through routes with other such carriers, and just and reasonable rates, fares, charges, and classifications applicable thereto; and it shall be the duty of common carriers by railroad subject to this chapter to establish reasonable through routes with common carriers by water subject to chapter 12 of this Appendix, and just and reasonable rates, fares, charges, and classifications applicable thereto. It shall be the duty of every such common carrier establishing through routes to provide reasonable facilities for operating such routes and to make reasonable rules and regulations with respect to their operation, and providing for reasonable compensation to those entitled thereto; and in case of joint rates, fares, or charges, to establish just, reasonable, and equitable divisions thereof, which shall not unduly prefer or prejudice any of such participating carriers. (5) Just and reasonable charges; applicability; criteria for determination (a) All charges made for any service rendered or to be rendered in the transportation of passengers or property as aforesaid, or in connection therewith, shall be just and reasonable, and every unjust and unreasonable charge for such service or any part thereof is prohibited and declared to be unlawful. The provisions of this subdivision shall not apply to common carriers by railroad subject to this chapter. (b) Each rate for any service rendered or to be rendered in the transportation of persons or property by any common carrier by railroad subject to this chapter shall be just and reasonable. A rate that is unjust or unreasonable is prohibited and unlawful. No rate which contributes or which would contribute to the going concern value of such a carrier shall be found to be unjust or unreasonable, or not shown to be just and reasonable, on the ground that such rate is below a just or reasonable minimum for the service rendered or to be rendered. A rate which equals or exceeds the variable costs (as determined through formulas prescribed by the Commission) of providing a service shall be presumed, unless such presumption is rebutted by clear and convincing evidence, to contribute to the going concern value of the carrier or carriers proposing such rate (hereafter in this paragraph referred to as the "proponent carrier"). In determining variable costs, the Commission shall, at the request of the car. rier proposing the rate, determine only those costs of the carrier proposing the rate and only those costs of the specific service in question, except where such specific data and cost information is not available. The Commission shall not include in variable cost any expenses which do not vary directly with the level of service provided under the rate in question. Notwithstanding any other provision of this chapter, no rate shall be found to be unjust or unreasonable, or not shown to be just and reasonable, on the ground that such rate exceeds a just or reasonable maximum for the service rendered or to be rendered, unless the Commission has first found that the proponent carrier has market dominance over such service. A finding that a carrier has market dominance over a service shall not create a presumption that the rate or rates for such service exceed a just and reasonable maximum. Nothing in this paragraph shall prohibit a rate increase from a level which reduces the going concern value of the proponent carrier to a level which contributes to such going concern value and is otherwise just and reasonable. For the purposes of the preceding sentence, a rate increase which does not raise a rate above the incremental costs (as determined through formulas prescribed by the Commission) of rendering the service to which such rate applies shall be presumed to be just and reasonable. (c) As used in this chapter, the terms (i) "market dominance" refers to an absence of ef fective competition from other carriers or modes of transportation, for the traffic or movement to which a rate applies; and (ii) "rate" means any rate or charge for the transportation of persons or property. (d) Within 240 days after February 5, 1976, the Commission shall establish, by rule, standards and proce dures for determining, in accordance with section 15(9) of this Appendix, whether and when a carrier possesses market dominance over a service rendered or to be rendered at a particular rate or rates. Such rules shall be designed to provide for a practical determina |