49 U.S.C.
United States Code, 1994 Edition
Title 49 - TRANSPORTATION
SUBTITLE IV - INTERSTATE COMMERCE
CHAPTER 107 - RATES, TARIFFS, AND VALUATIONS
SUBCHAPTER IV - TARIFFS AND TRAFFIC
Sec. 10761 - Transportation prohibited without tariff
From the U.S. Government Printing Office, www.gpo.gov

§10761. Transportation prohibited without tariff

(a) Except as provided in this subtitle, a carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title (excluding a motor common carrier providing transportation of property, other than household goods, under an individually determined rate, classification, rule, or practice, as defined in section 10102(13) or in noncontiguous domestic trade) shall provide that transportation or service only if the rate for the transportation or service is contained in a tariff that is in effect under this subchapter, except that a motor carrier of property the application of whose rates is determined or governed by a tariff on file with the Commission cannot collect its rates unless the carrier is a participant in those tariffs. A carrier subject to this subsection may not charge or receive a different compensation for that transportation or service than the rate specified in the tariff whether by returning a part of that rate to a person, giving a person a privilege, allowing the use of a facility that affects the value of that transportation or service, or another device, except that a motor carrier of property the application of whose rates are determined or governed by a tariff on file with the Commission shall issue a power of attorney to the tariff publishing agent of such tariff and, upon its acceptance, the agent shall issue a notice to the participating carrier certifying its continuing participation in such tariff, which certification shall be kept open for public inspection.

(b) The Commission may grant relief from subsection (a) of this section to contract carriers 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 and on its own initiative for a water contract carrier or group of water contract carriers.

(c) This section shall not apply to expenses authorized under section 10751 of this title.

(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1394; Pub. L. 96–296, §33(c), July 1, 1980, 94 Stat. 825; Pub. L. 103–311, title II, §206(b), Aug. 26, 1994, 108 Stat. 1684.)

Historical and Revision Notes
Revised Section Source (U.S. Code) Source (Statutes at Large)
10761(a) 49:6(7). Feb. 4, 1887, ch. 104, §6(7), 24 Stat. 380; Mar. 2, 1889, ch. 382, §1, 25 Stat. 855; restated June 29, 1906, ch. 3591, §2, 34 Stat. 586; June 18, 1910, ch. 309, §9, 36 Stat. 548; Aug. 24, 1912, ch. 390, §11, 37 Stat. 568; Feb. 28, 1920, ch. 91, §409, 41 Stat. 483; Aug. 9, 1935, ch. 498, §1, 49 Stat. 543.
  49:317(b) (less proviso), (d); 318(a) (3d sentence and 7th sentence less proviso). Feb. 4, 1887, ch. 104, 24 Stat. 379, §§217(b) (less proviso), (d), 218(a) (3d sentence, 7th sentence less proviso, and 7th sentence proviso related to relief); added Aug. 9, 1935, ch. 498, §1, 49 Stat. 560; Sept. 18, 1940, ch. 722, §§22, 23(a), 54 Stat. 925; Aug. 13, 1957, Pub. L. 85–124, §§1(2), (4), 71 Stat. 343.
  49:906(c) (less proviso), (d) (1st sentence), (e) (3d sentence and 7th sentence less proviso). Feb. 4, 1887, ch. 104, 24 Stat. 379, §306(c) (less proviso), (d) (1st sentence), (e) (3d sentence, 7th sentence less proviso, and 7th sentence proviso, related to relief); added Sept. 18, 1940, ch. 722, §201, 54 Stat. 936.
  49:1005(c) (less proviso), (e). Feb. 4, 1887, ch. 104, 24 Stat. 379, §405(c) (less proviso), (e); added May 16, 1942, ch. 318, §1, 56 Stat. 287.
10761(b) 49:318(a) (7th sentence proviso, related to relief).
  49:906(e) (7th sentence proviso, related to relief).

The section consolidates and restates the source provisions for clarity.

In subsection (a), the words “Except as provided in this subtitle” are made applicable to all types of carriers although those words do not appear in 49:1005(e) for consistency. The word “transportation” is substituted for “service” in view of the definition of “transportation” in section 10102 of the revised title, but the word “service” is retained when referring to a freight forwarder for consistency. The words “a carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title” are inserted to conform to the revised title. The word “provide” is substituted for “participate” in 49:6(7) and “engage” in 49:317(d), 318(d), 906(d), (e), and 1005(e) for consistency. The words “contained in a tariff that is in effect under this subchapter” are substituted for “filed and published in accordance with the provisions of this chapter” in 49:6(7) and for “published, filed, and posted” in 49:318(a) and 906(e) for clarity. The word “lawfully” in 49:1005(c) is omitted as surplus. The words “charge or receive” are substituted for “charge”, “receive”, “demand”, and “collect” to eliminate redundancy. The words “of passengers or property” are omitted as surplus. The words “between the points named in such tariffs” in 49:6(7) are omitted in view of the restatement. The word “different” is substituted for “greater” and “less” and is made applicable to motor and water carriers for clarity in view of the restatement. The words “whether by” are added for clarity. The words “returning a part of that rate” are substituted for “refund or remit in any manner” for clarity. The words “giving a person” are substituted for “extend to any shipper or person” for clarity. The words “allowing the use of” are added for clarity. The words “that affects the value of that transportation or service” are inserted for clarity. The words “directly or indirectly or through any agent or broker or otherwise” in 49:317(b), “special services” in 49:318(a), and “from the charges filed in accordance with this subsection, as affected by any rule, regulation, or practice so filed” in 49:318(a) are omitted as unnecessary in view of the restatement. The words “or less than the minimum rate or charge as may be prescribed by the Commission from time to time” are omitted as surplus in view of the restatement of 49:318(a) and in view of section 10704(c) of the revised title. The words “by means of a change in the terms and conditions of any contract, charter, agreement, or undertaking” in 49:906(e) are omitted as unnecessary in view of the restatement.

In subsection (b), the words “from subsection (a) of this section” are substituted for “from the provisions of this paragraph” in 49:318(a) and “from the provisions of this subsection” in 49:906(e) to conform to the revised title. The words “to such extent and for such time, and in such manner as in its judgment” are omitted as unnecessary in view of the restatement. The words “may begin a proceeding under this subsection” are substituted for “after hearing” in view of subchapter II of chapter 103 of the revised title and subchapter II of chapter 5 of title 5. The words “on application” are substituted for “may apply to” for clarity. The word “group” is substituted for “any class or group” as being more inclusive. The words “for good cause shown” in 49:906(e) (7th sentence proviso) are omitted as surplus in view of the specific criteria imposed by that section.

Amendments

1994—Subsec. (a). Pub. L. 103–311, in first sentence, inserted “(excluding a motor common carrier providing transportation of property, other than household goods, under an individually determined rate, classification, rule, or practice, as defined in section 10102(13) or in noncontiguous domestic trade)” after “chapter 105 of this title” and “, except that a motor carrier of property the application of whose rates is determined or governed by a tariff on file with the Commission cannot collect its rates unless the carrier is a participant in those tariffs” before period at end, and in second sentence, substituted “A carrier subject to this subsection” for “That carrier” and inserted “, except that a motor carrier of property the application of whose rates are determined or governed by a tariff on file with the Commission shall issue a power of attorney to the tariff publishing agent of such tariff and, upon its acceptance, the agent shall issue a notice to the participating carrier certifying its continuing participation in such tariff, which certification shall be kept open for public inspection” before period at end.

1980—Subsec. (c). Pub. L. 96–296 added subsec. (c).

Section Referred to in Other Sections

This section is referred to in sections 10505, 10701, 10707, 10751, 10925, 11712, 11901 of this title.