49 U.S.C. § 10102 - Definitions

• Cite as: 49 U.S.C. § 10102

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.

Cite as 49 U.S.C. § 10102

Source: Added Pub. L. 104-88, title I, §102(a), Dec. 29, 1995, 109 Stat. 806.

Notes from the Office of Law Revision Counsel

current through 7/7/2021

PRIOR 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; <actcitation href="" statecd="US" sessionyear="1994" actaltid="103-272" description="To revise, codify, and enact without substantive change certain general and permanent laws, related to transportation, as subtitles II, III, and V-X of title 49, United States Code, "Transportation", and to make other technical improvements in...">Pub. L. 103-272</actcitation>, §5(m)(13), July 5, 1994, 108 Stat. 1377; Pub. L. 103-311, title II, §§205(b), Aug. 26, 1994, 206, Aug. 26, 1994, 108 Stat. 1683, 1686, defined terms used in this subtitle. See sections 10102, 13102, and 15102 of this title.</subpara>