### §24306. Mail, express, and auto-ferry transportation

(a) Actions To Increase Revenues.—Amtrak shall take necessary action to increase its revenues from the transportation of mail and express. To increase its revenues, Amtrak may provide auto-ferry transportation as part of the basic passenger transportation authorized by this part.

(b) Authority of Others To Provide Auto-Ferry Transportation.—State and local laws and regulations that impair the provision of auto-ferry transportation do not apply to Amtrak or a rail carrier providing auto-ferry transportation. A rail carrier may not refuse to participate with Amtrak in providing auto-ferry transportation because a State or local law or regulation makes the transportation unlawful.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 910; Pub. L. 105–134, title I, §102, Dec. 2, 1997, 111 Stat. 2572.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 24306(a) | 45:545(b) (1st, 2d sentence words before 2d comma, last sentence). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(b) (1st–3d, last sentences); added June 22, 1972, Pub. L. 92–316, §2(3), 86 Stat. 228; Nov. 3, 1973, Pub. L. 93–146, §5, 87 Stat. 549. |
| 24306(b)(1) | 45:545(b) (2d sentence words after 2d comma). | |
| 24306(b)(2) | 45:545(b) (3d sentence). | |
| 24306(b)(3) | 45:546(h). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §306(h); added Nov. 3, 1973, Pub. L. 93–146, §7, 87 Stat. 551. |

Section

In subsection (a), the words "and to better accomplish the purposes of this chapter" and "modify its services to" are omitted as surplus. The words "a department, agency, or instrumentality of the United States Government" are substituted for "Federal departments and agencies" for consistency in the revised title and with other titles of the United States Code. The words "consistent with the provisions of existing law" are omitted as surplus.

In subsection (b)(1), before clause (A), the words "A person primarily providing auto-ferry transportation and any other person not a rail carrier may provide" are substituted for "except that nothing contained in this chapter shall prevent any other person, other than a railroad (except that for purposes of this section a person primarily engaged in auto-ferry service shall not be deemed to be a railroad), from providing such" to eliminate unnecessary words. The text of 45:545(b) (2d sentence words after "the public") is omitted as obsolete.

In subsection (b)(2), the words "may provide" are substituted for "Nothing in this section shall be construed to restrict the right of . . . from performing" to eliminate unnecessary words and for clarity. The words "rail lines" are substituted for "lines" for clarity and consistency in the revised title and with other titles of the Code.

In subsection (b)(3), the words "has the effect of prohibiting or", "fine, penalty, or other", and "for violation of" are omitted as surplus. The words "rail carrier" are substituted for "common carrier by railroad" for consistency in the revised title and with other titles of the Code.

#### **Editorial Notes**

#### Amendments

1997—Subsec. (a). Pub. L. 105–134, §102(1), struck out at end "When requested by Amtrak, a department, agency, or instrumentality of the United States Government shall assist in carrying out this section."

Subsec. (b). Pub. L. 105–134, §102(2), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows:

"(1) A person primarily providing auto-ferry transportation and any other person not a rail carrier may provide auto-ferry transportation over any route under a certificate issued by the Interstate Commerce Commission if the Commission finds that the auto-ferry transportation—

"(A) will not impair the ability of Amtrak to reduce its losses or increase its revenues; and

"(B) is required to meet the public demand.

"(2) A rail carrier that has not made a contract with Amtrak to provide rail passenger transportation may provide auto-ferry transportation over its own rail lines.

"(3) State and local laws and regulations that impair the provision of auto-ferry transportation do not apply to Amtrak or a rail carrier providing auto-ferry transportation. A rail carrier may not refuse to participate with Amtrak in providing auto-ferry transportation because a State or local law or regulation makes the transportation unlawful."