49 U.S.C. § 10102

Definitions

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In this part—(1) “Board” means the Surface Transportation Board;(2) “car service” includes (A) the use, control, supply, movement, distribution, exchange, interchange, and return of locomotives, cars, other vehicles, and special types of equipment used in the transportation of property by a rail carrier, and (B) the supply of trains by a rail carrier;(3) “control”, when referring to a relationship between persons, includes actual control, legal control, and the power to exercise control, through or by (A) common directors, officers, stockholders, a voting trust, or a holding or investment company, or (B) any other means;(4) “person”, in addition to its meaning under section 1 of title 1, includes a trustee, receiver, assignee, or personal representative of a person;(5) “rail carrier” means a person providing common carrier railroad transportation for compensation, but does not include street, suburban, or interurban electric railways not operated as part of the general system of rail transportation;(6) “railroad” includes—(A) a bridge, car float, lighter, ferry, and intermodal equipment used by or in connection with a railroad;(B) the road used by a rail carrier and owned by it or operated under an agreement; and(C) a switch, spur, track, terminal, terminal facility, and a freight depot, yard, and ground, used or necessary for transportation;(7) “rate” means a rate or charge for transportation;(8) “State” means a State of the United States and the District of Columbia;(9) “transportation” includes—(A) a locomotive, car, vehicle, vessel, warehouse, wharf, pier, dock, yard, property, facility, instrumentality, or equipment of any kind related to the movement of passengers or property, or both, by rail, regardless of ownership or an agreement concerning use; and(B) services related to that movement, including receipt, delivery, elevation, transfer in transit, refrigeration, icing, ventilation, storage, handling, and interchange of passengers and property; and(10) “United States” means the States of the United States and the District of Columbia.(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 806.)Editorial NotesPrior Provisions

Prior sections 10102 and 10103 were omitted in the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

Section 10102, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1338; Pub. L. 96–296, § 10(a)(1), July 1, 1980, 94 Stat. 799; Pub. L. 96–454, § 3(a), Oct. 15, 1980, 94 Stat. 2011; Pub. L. 97–261, § 6(d)(1), Sept. 20, 1982, 96 Stat. 1107; Pub. L. 99–521, § 4, Oct. 22, 1986, 100 Stat. 2993; Pub. L. 103–272, § 5(m)(13), July 5, 1994, 108 Stat. 1377; Pub. L. 103–311, title II, §§ 205(b), 206(f), Aug. 26, 1994, 108 Stat. 1683, 1686, defined terms used in this subtitle. See sections 10102, 13102, and 15102 of this title.

Section 10103, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1340; Pub. L. 96–448, title II, § 214(c)(2), Oct. 14, 1980, 94 Stat. 1915, provided that the remedies under this subtitle were cumulative. See sections 10501, 13103, and 15103 of this title.

A prior chapter 103, consisting of sections 10301 to 10311, 10321, 10322, 10324, 10326 to 10330, 10341 to 10344, 10361 to 10364, and 10381 to 10388, was omitted in the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See chapter 7 of this title.

Section 10301, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1341; Pub. L. 97–253, title V, § 502(b), (e), (h)(1), Sept. 8, 1982, 96 Stat. 806, related to organization, membership, administration, seal, and expenses of Interstate Commerce Commission.

Section 10302, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1342, related to divisions of Commission.

Section 10303, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1342, related to Secretary and public records of Commission.

Section 10304, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1342, related to employee boards of Commission.

Section 10305, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1342, related to delegation of authority by Commission.

Section 10306, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1343, related to conduct of Commission proceedings.

Section 10307, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1343, related to offices and sessions of Commission.

Section 10308, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1343, related to admission to practice before Commission.

Section 10309, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1344; Pub. L. 103–437, § 18, Nov. 2, 1994, 108 Stat. 4596, related to access to Commission records by congressional committees.

Section 10310, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1344, related to reports of official Commission actions.

Section 10311, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1345, required Commission to submit annual report to Congress.

Section 10321, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1345; Pub. L. 97–261, § 24, Sept. 20, 1982, 96 Stat. 1124; Pub. L. 103–272, § 4(j)(12), July 5, 1994, 108 Stat. 1368, related to powers of Commission.

Section 10322, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1346; Pub. L. 96–296, § 25(a), July 1, 1980, 94 Stat. 816; Pub. L. 96–454, § 5(b), Oct. 15, 1980, 94 Stat. 2014; Pub. L. 97–261, §§ 6(e), 16(c), 17(b), 28(a), Sept. 20, 1982, 96 Stat. 1107, 1117, 1119, 1128; Pub. L. 98–554, title II, § 226(c)(1), Oct. 30, 1984, 98 Stat. 2851; Pub. L. 103–272, § 5(m)(14), July 5, 1994, 108 Stat. 1377, related to Commission action and appellate procedure in non-rail proceedings.

A prior section 10323, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1346, related to rehearing, reargument, and reconsideration in nonrail proceedings, prior to repeal by Pub. L. 96–296, § 25(b), July 1, 1980, 94 Stat. 818.

Section 10324, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1347; Pub. L. 96–258, § 1(1), June 3, 1980, 94 Stat. 425; Pub. L. 96–296, § 25(c), July 1, 1980, 94 Stat. 818, related to taking effect, duration, and modification of Commission actions.

A prior section 10325, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1347, provided for judicial review in nonrail proceedings, prior to repeal by Pub. L. 96–296, § 25(d), July 1, 1980, 94 Stat. 818.

Section 10326, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1348, related to limitations in rulemaking proceedings related to rail carriers.

Section 10327, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1348; Pub. L. 96–258, § 1(2), June 3, 1980, 94 Stat. 425; Pub. L. 96–296, § 25(e), July 1, 1980, 94 Stat. 818; Pub. L. 97–375, title I, § 113, Dec. 21, 1982, 96 Stat. 1821; Pub. L. 104–66, title II, § 2101, Dec. 21, 1995, 109 Stat. 730, related to Commission action and appellate procedure in rail carrier proceedings.

Section 10328, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1350; Pub. L. 97–261, § 28(b), Sept. 20, 1982, 96 Stat. 1128; Pub. L. 99–521, § 5(a), Oct. 22, 1986, 100 Stat. 2994, related to intervention in Commission proceedings.

Section 10329, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1351; Pub. L. 99–521, § 5(b), Oct. 22, 1986, 100 Stat. 2994, related to service of notice in Commission proceedings.

Section 10330, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1352, related to service of process in court proceedings.

Section 10341, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1352, authorized Commission to refer matters to joint boards.

Section 10342, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1353, related to establishment and membership of joint boards.

Section 10343, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1353, related to powers of joint boards.

Section 10344, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1354; Pub. L. 96–296, § 36, July 1, 1980, 94 Stat. 826, related to administration and proceedings of joint boards.

Section 10361, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1355, related to Rail Services Planning Office.

Section 10362, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1355; Pub. L. 98–216, § 2(5)–(7), Feb. 14, 1984, 98 Stat. 5; Pub. L. 99–509, title IV, § 4033(c)(7), Oct. 21, 1986, 100 Stat. 1909; Pub. L. 103–272, § 4(j)(13), July 5, 1994, 108 Stat. 1368, related to duties of Rail Services Planning Office.

Section 10363, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1356; Pub. L. 103–272, § 4(j)(14), July 5, 1994, 108 Stat. 1369, related to appointment and duties of Director of Rail Services Planning Office.

Section 10364, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1356; Pub. L. 103–272, § 5(m)(15), July 5, 1994, 108 Stat. 1377, related to powers of and assistance to Director.

Section 10381, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1357, related to Office of Rail Public Counsel.

Section 10382, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1357; Pub. L. 96–258, § 1(3), June 3, 1980, 94 Stat. 425, related to duties and standing of Office of Rail Public Counsel.

Section 10383, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1357; Pub. L. 103–272, § 4(j)(14), July 5, 1994, 108 Stat. 1369, related to duties and appointment of Director of Office of Rail Public Counsel.

Section 10384, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1358, related to staff of Office of Rail Public Counsel.

Section 10385, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1358; Pub. L. 103–272, § 5(m)(15), July 5, 1994, 108 Stat. 1377, related to powers of Office of Rail Public Counsel.

Section 10386, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1358, related to reports concerning activities of Office of Rail Public Counsel.

Section 10387, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1358, related to budget requests and estimates of Office of Rail Public Counsel.

Section 10388, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1358; Pub. L. 96–73, title III, § 301, Sept. 29, 1979, 93 Stat. 557, authorized appropriations for Office of Rail Public Counsel for fiscal year ending Sept. 30, 1980.

Statutory Notes and Related SubsidiariesEffective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.

Notes of Decisions

Cited in 336 cases (34 in the last 5 years), 1979–2026 · leading case: Island Park, LLC v. CSX Transp., 559 F.3d 96 (2d Cir. 2009).

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Island Park, LLC v. CSX Transp., 559 F.3d 96 (2d Cir. 2009). · cites it 6× “49 U.S.C. § 10102 (9) (emphasis added). ICCTA “preempts all ‘state laws that may reasonably be said to have the effect of managing or governing rail transportation, while permitting the continued application of laws having a more remote or incidental effect on rail…”

New York Susquehanna & W. Ry. Corp. v. Jackson, 500 F.3d 238 (3rd Cir. 2007). · cites it 4× “facility, instrumentality, or equipment of any kind related to the movement of passengers or property, or both, by rail, regardless of ownership or an agreement concerning use; and (B) services related to that movement, including receipt, delivery, elevation, transfer in…”

Dr. Martin Trepel v. Roadway Express, Inc., 266 F.3d 418 (6th Cir. 2001). · cites it 8× “49 U.S.C. § 10102 (11) provided the definition of “household goods.”

Franks Inv. Co. LLC v. Union Pac. R.R., 593 F.3d 404 (5th Cir. 2010). · cites it 8× “" 49 U.S.C. § 10102 (9)(A). After quoting this definition, the district court cited an opinion from the Northern District of New York, that had found that any physical improvement made to railroad tracks necessarily impacts the movement of passengers or property.”

Cooper v. E.I. Du Pont De Nemours & Co. (In Re Bulldog Trucking, Inc.), 173 B.R. 517 (W.D.N.C. 1994). · cites it 8× “of these Sections is Conditioned on the Financial Condition of the Motor Carrier The words “motor carrier ” and “no longer transporting property ” are the key statutory words in the NRA that condition the application of Sections 2(a)-(c) and (e)(g) on the financial condition of…”

Union Pac. RR v. City of Palestine, 41 F.4th 696 (5th Cir. 2022). · cites it 3× “” 49 U.S.C. § 10102 (9). In short, because the 1954 Agreement manages and governs facilities or services related to the movement of passengers or property by rail, it is expressly preempted.”

Pnh Corp. v. Hullquist Corp., Garvey Transp., Inc., 843 F.2d 586 (1st Cir. 1988). · cites it 6× “49 U.S.C. §§ 10102 (4), 10102(6). The parties and the district court assumed that the only sort of “common carrier” at issue here is a “motor common carrier,” and the only relevant type of “contract carrier” is a “motor contract carrier.”

Alamo Express, Inc. v. Interstate Com. Comm'n & United States of Am., 673 F.2d 852 (5th Cir. 1982). · cites it 6× “In this overview of the context in which the issues arise, it may be relevant to discuss the background of freight forwarder services, statutorily defined at 49 U.S.C. § 10102 (13)(B) (quoted in footnote 3).”

Dan Barclay, Inc. v. Stewart & Stevenson Servs., Inc., 761 F. Supp. 194 (D. Mass. 1991). · cites it 4× “See 49 U.S.C. § 10102 (1990). Although in the past, the filing requirements of the Act applied to both types of motor carriers, contract carriers as a class were exempted from the filing requirement by the ICC in 1983 as part of a recent trend toward deregulating the industry…”

Del Grosso v. Surface Transp. Bd., 804 F.3d 110 (1st Cir. 2015). · cites it 5× “” 49 U.S.C. § 10102 (9)(A)-(B). Whether an activity is conducted by a “rail carrier” is a case-by-case factual determination based on, inter alia, how much control a rail carrier is exercising over the activity.”

Hi Tech Trans, LLC David Stoller v. State of New Jersey, Dep't of Env't Prot. Wolfgang Skacel, C.H.M.M. Bradley M. Campbell., 382 F.3d 295 (3rd Cir. 2004). · cites it 3× “” 49 U.S.C. § 10102 (5). There are formal procedures that must be followed to obtain the STB’s authorization to act as a rail carrier.”

Rexroth Hydraudyne B v. v. Ocean World Lines, Inc., 547 F.3d 351 (2d Cir. 2008). · cites it 4× “See 49 U.S.C. § 10102 (5) (defining “rail *357 carrier” as “a person providing common carrier railroad transportation for compensation, but does not include street, suburban, or interurban electric railways not operated as part of the general system of rail transportation”); id.”

Show all 336 citing cases →

— 49 U.S.C. § 10102(15)(B) — 1 case

Triple E Transp., Inc. v. United States Pipe & Foundry Co., 732 So. 2d 290 (Ala. 1999).

— 49 U.S.C. § 10102(9) — 2 cases

Soo Line R.R. v. City of Saint Paul, 827 F. Supp. 2d 1017 (D. Minnesota 2010).

CSX Trans Co v. Novolog Bucks Cty (3rd Cir. 2007).

— 49 U.S.C. § 10102(9)(b) — 1 case

Wells v. BNSF Ry. Co. (D. Mont. 2023).

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