Practitioners' Journal, Volume 29, Issue 4

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Association of Interstate Commerce Commission Practitioners., 1962 - Carriers

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Page 467 - In the exercise of its power to prescribe just and reasonable rates the Commission shall initiate, modify, establish or adjust such rates so that carriers as a whole (or as a whole in each of such rate groups or territories as the Commission may from time to time designate) will, under honest, efficient and economical management and reasonable expenditures for maintenance of way, structures...
Page 465 - Commission shall give due consideration, among other factors, to the effect of rates on the movement of traffic by the carrier or carriers for which the rates are prescribed; to the need, in the public interest, of adequate and efficient railway transportation service at the lowest cost consistent with the furnishing of such service, and to the need of revenues sufficient to enable the carriers, under honest, economical, and efficient management to provide such service.
Page 486 - In a proceeding involving competition between carriers of different modes of transportation subject to this Act, the Commission, in determining whether a rate is lower than a reasonable minimum rate, shall consider the facts and circumstances attending the movement of the traffic by the carrier or carriers to which the rate is applicable.
Page 467 - ... to the need, in the public interest of adequate and efficient transportation service by such carriers at the lowest cost consistent with the furnishing of such service; and to the need of revenues sufficient to enable such carriers, under honest, economical, and efficient management to provide such service.
Page 489 - Policy in § 15a (3), the court said, was intended to qualify the prohibition of mandatory differentials ". . . only when factors other than the normal incidents of fair competition intervened, such as a practice which would destroy a competing mode of transportation by setting rates so low as to be hurtful to the proponent as well as his competitor or so low as to deprive the competitor of the 'inherent advantage' of being the low-cost carrier.
Page 500 - Applicability of the regulations. This "Uniform System of Accounts for Freight Forwarders, Issue of 1943," applies to all freight forwarders subject to the provisions of part IV of the Interstate Commerce Act having annual gross revenues of $100,000 or more. The term "gross revenues" refers to amounts classable in the following accounts : 501.
Page 486 - Act, the Commission, in determining whether a rate is lower than a reasonable minimum rate, shall consider the facts and circumstances attending the movement of the traffic by the carrier or carriers to which the rate is applicable. Rates of a carrier shall not be held up to a particular level to protect the traffic of any other mode of transportation, giving due consideration to the objectives of the national transportation policy declared in this Act.
Page 551 - ... to encourage the establishment and maintenance of reasonable charges for transportation services, without unjust discriminations, undue preferences or advantages, or unfair or destructive competitive practices...
Page 478 - That notice of this order shall be given to the general public by depositing a copy thereof in the office of the Secretary of the Commission at Washington, DC, and by filing a copy with the Director, Office of the Federal Register.
Page 489 - We think that Congress in adopting the 1958 amendment, which its committees thought would encourage competition, did not intend the included prohibition of compulsory rate differentials to be nullified merely because of the adverse effect of rate competition on another mode of transportation even if carried to the point of rendering one mode of transportation obsolete and hence unable to survive. Instead, we think, the differential prohibition was intended to be qualified only when factors other...

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