---
kind: "section"
citation: "49 U.S.C. § 10705"
title: "49"
title_heading: "Transportation"
number: "10705"
heading: "Authority: through routes, joint classifications, rates, and divisions prescribed by Board"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/10705"
units:
  - "Subtitle IV — Interstate Transportation"
  - "Part A — Rail"
  - "Chapter 107 — Rates"
  - "Subchapter I — General Authority"
---

# §10705. Authority: through routes, joint classifications, rates, and divisions prescribed by Board

- (a)
  - (1) The [Board](/usc/49/10102.md?p=1) may, and shall when it considers it desirable in the public interest, prescribe through routes, joint classifications, joint [rates](/usc/49/10102.md?p=7), the division of joint [rates](/usc/49/10102.md?p=7), and the conditions under which those routes must be operated, for a [rail carrier](/usc/49/10102.md?p=5) providing [transportation](/usc/49/10102.md?p=9) subject to the jurisdiction of the [Board](/usc/49/10102.md?p=1) under this part.
  - (2) The [Board](/usc/49/10102.md?p=1) may require a [rail carrier](/usc/49/10102.md?p=5) to include in a through route substantially less than the entire length of its [railroad](/usc/49/10102.md?p=6) and any intermediate [railroad](/usc/49/10102.md?p=6) operated with it under common management or [control](/usc/49/13102.md?p=5) if that intermediate [railroad](/usc/49/10102.md?p=6) lies between the terminals of the through route only when—
    - (A) required under section [10741](/usc/49/10741.md), [10742](/usc/49/10742.md), or [11102](/usc/49/11102.md) of this title;
    - (B) inclusion of those lines would make the through route unreasonably long when compared with a practicable alternative through route that could be established; or
    - (C) the [Board](/usc/49/10102.md?p=1) decides that the proposed through route is needed to provide adequate, and more efficient or economic, [transportation](/usc/49/10102.md?p=9).

    The [Board](/usc/49/10102.md?p=1) shall give reasonable preference, subject to this subsection, to the [rail carrier](/usc/49/10102.md?p=5) originating the traffic when prescribing through routes.

- (b) The [Board](/usc/49/10102.md?p=1) shall prescribe the division of joint [rates](/usc/49/10102.md?p=7) to be received by a [rail carrier](/usc/49/10102.md?p=5) providing [transportation](/usc/49/10102.md?p=9) subject to its jurisdiction under this part when it decides that a division of joint [rates](/usc/49/10102.md?p=7) established by the participating [carriers](/usc/49/13102.md?p=3) under [section 10703 of this title](/usc/49/10703.md), or under a decision of the [Board](/usc/49/10102.md?p=1) under [subsection (a)](#a) of this section, does or will violate [section 10701 of this title](/usc/49/10701.md).
- (c) If a division of a joint [rate](/usc/49/10102.md?p=7) prescribed under a decision of the [Board](/usc/49/10102.md?p=1) is later found to violate [section 10701 of this title](/usc/49/10701.md), the [Board](/usc/49/10102.md?p=1) may decide what division would have been reasonable and order adjustment to be made retroactive to the date the complaint was filed, the date the order for an investigation was made, or a later date that the [Board](/usc/49/10102.md?p=1) decides is justified. The [Board](/usc/49/10102.md?p=1) may make a decision under this subsection effective as part of its original decision.

## Source credit

(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 811.)

## Notes

### Editorial Notes

### Prior Provisions

Prior sections 10705 and 10705a were omitted in the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

Section 10705, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1375; Pub. L. 96–296, § 22(b)–(g), July 1, 1980, 94 Stat. 813; Pub. L. 96–448, title II, § 218, Oct. 14, 1980, 94 Stat. 1925; Pub. L. 97–449, § 5(g)(4), Jan. 12, 1983, 96 Stat. 2443, related to authority for through routes, joint classifications, rates, and divisions prescribed by Interstate Commerce Commission. See sections 10705 and 13701 of this title.

Section 10705a, added Pub. L. 96–448, title II, § 217(a)(1), Oct. 14, 1980, 94 Stat. 1916; amended Pub. L. 103–272, § 4(j)(20), July 5, 1994, 108 Stat. 1369, related to joint rate surcharges and cancellations.

### Statutory Notes and Related Subsidiaries

### Effective 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.