49 U.S.C. § 11902

Interference with railroad car supply

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(a) A person that offers or gives anything of value to another person acting for or employed by a rail carrier providing transportation subject to the jurisdiction of the Board under this part intending to influence an action of that other person related to supply, distribution, or movement of cars, vehicles, or vessels used in the transportation of property, or because of the action of that other person, shall be fined not more than $1,000, imprisoned for not more than 2 years, or both.(b) A person acting for or employed by a rail carrier providing transportation subject to the jurisdiction of the Board under this part that solicits, accepts, or receives anything of value—(1) intending to be influenced by it in an action of that person related to supply, distribution, or movement of cars, vehicles, or vessels used in the transportation of property; or(2) because of the action of that person,shall be fined not more than $1,000, imprisoned for not more than 2 years, or both.(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 850.)Editorial NotesPrior Provisions

Provisions similar to those in this section were contained in section 11907 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

Prior sections 11902 and 11902a were omitted in the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

Section 11902, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1457, related to civil penalties for accepting rebates from common carriers. See section 14902 of this title.

Section 11902a, added Pub. L. 96–296, § 15(b)(1), July 1, 1980, 94 Stat. 809, related to penalties for violations of rules relating to loading and unloading motor vehicles. See section 14905 of this title.

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 7 cases, 1980–1996 · leading case: Siegel Transfer, Inc. v. Carrier Express, Inc., 856 F. Supp. 990 (E.D. Pa. 1994).

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Siegel Transfer, Inc. v. Carrier Express, Inc., 856 F. Supp. 990 (E.D. Pa. 1994). · cites it 4× “and Section 41 of the Elkins Act 49 U.S.C. §§ 11902 , 11903 and 11915 (Count XI).”

Car Carriers, Inc. v. Ford Motor Co., 789 F.2d 589 (7th Cir. 1986). “Paragraph 504, the first paragraph of that count, states in relevant part: *596 Count XXIV seeks damages from Ford and Nu-Car as a result of their individual and joint violations of 49 U.S.C. §§ 11902 , 11903(a) and (b) and 11904(a)(3) and (b) wherein they both solicited, gave,…”

United States v. United States Steel Corp., 645 F.2d 1285 (8th Cir. 1981). “vil action to collect the said sum or sums so forfeited as aforesaid; and in the trial of said action all such rebates or other considerations so received or accepted for a period of six years prior to the commencement of the action, may be included therein, and the amount…”

Rushton v. Saratoga Forest Prods., Inc. (In Re Americana Expressways, Inc.), 172 B.R. 99 (Bankr. D. Utah 1994). “49 U.S.C. § 11902 provides that a shipper who knowingly receives a rebate or offset against the filed rate is liable to the government for a civil penalty in an amount equal to three times the rebate.”

Ready Transp., Inc. v. Best Foam Fabricators, Inc., 919 F. Supp. 310 (N.D. Ill. 1996). “Under the ICA, a motor carrier, such as Ready, must publish its shipping rates in a tariff filed with the Interstate Commerce Commission.”

Metro Shippers, Inc. v. Life Savers, Inc., 509 F. Supp. 606 (D.N.J. 1980). “49 U.S.C. § 11902 . Civil penalties for accepting rebates from common carrier.”

Chesapeake & Ohio Ry. Co. v. United States Steel Corp., 878 F.2d 686 (3rd Cir. 1989). “In 1975, the United States brought suit against USS alleging that its receipt of these refunds violated the Elkins-Hepburn Act, 49 U.S.C. § 11902 . Because that statute made it illegal for any person to give or receive an unlawful refund, USS refused to cash the refund checks…”

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