(5) letter-carrier routes established for the collection and delivery of mail. § 5004. Discontinuance of service on post roads The Postal Service may discontinue service on a post road or part thereof when, in its opinion, the public interest so requires. § 5005. Mail transportation (a) The Postal Service may obtain mail transportation service (1) from common carriers by rail and motor vehicle or persons as provided in chapter 52 of this title; (2) from air carriers as provided in chapter 54 of this title; (3) from water carriers as provided in chapter 56 of this title; and (4) by contract from any person (as defined in section 5201(6) of this title) or carrier for surface and water transportation under such terms and conditions as it deems appropriate, subject to the provisions of this section. (b)(1) Contracts for the transportation of mail procured under subsection (a)(4) of this section shall be for periods not in excess of 4 years (or where the Postal Service determines that special conditions or the use of special equipment warrants, not in excess of 6 years) and shall be entered into only after advertising a sufficient time previously for proposals. The Postal Service, with the consent of the holder of any such contract, may adjust the compensation allowed under that contract for increased or decreased costs resulting from changed conditions occurring during the term of the contract. (2) A contract under subsection (a)(4) of this section may be renewed at the existing rate by mutual agreement between the contractor or subcontractor and the Postal Service. (3) Any contract between the Postal Service and any carrier or person for the transportation of mail shall be available for inspection in the office of the Postal Service and either the Surface Transportation Board or the Secretary of Transportation if for the carriage of mail in foreign air transportation (as defined in section 40102(a) of title 49), as appropriate, and in post offices on the post roads involved as determined by the Postal Service, at least 15 days prior to the effective date of the contract. (c) The Postal Service, in determining whether to obtain transportation of mail by carrier or person under subsection (a)(1) of this section, by contract under subsection (a)(4) of this section, or by Government motor vehicle, shall use the mode of transportation which best serves the public interest, due consideration being given to the cost of the transportation service under each mode. § 5006. Lien on compensation of contractor (a) A person who— (1) performs service for a contractor or subcontractor in the transportation of mail; (2) files his contract for service with the Postal Service; and (3) files satisfactory evidence of performance with the Postal Service; shall have a lien on money due the contractor or subcontractor for the service. (b) The Postal Service may pay the person establishing a lien under subsection (a) of this section the sum due him, when the contractor or subcontractor fails to pay the person the amount of his lien within 2 months after the expiration of the month in which the service was performed. It shall charge the amount so paid to the contract. The payments may not exceed the annual rate of pay of the contractor or subcontractor. § 5007. Free transportation of postal employees (a) Each person or carrier engaged in the transportation of mail shall carry on any vessel, train, motor vehicle, or aircraft he operates, upon exhibiting their credentials and without extra charge therefor, persons on duty in charge of the mails or when traveling to and from such duty. (b)(1) In this subsection, "air carrier" and "aircraft" have the same meanings given those terms in section 40102(a) of title 49. (2) An air carrier engaged in transporting mail shall carry without charge on any plane it operates those agents and officers of the Postal Service traveling on official business related to transporting mail by aircraft, as prescribed by regulations of the Secretary of Transportation, on exhibiting credentials. CHAPTER 52-TRANSPORTATION OF MAIL BY SURFACE CARRIER Sec. 5201. Definitions. 5202. Applicability. 5203. Authorization of service by carrier. 5204. Changes in service; placement of equipment. 5205. Evidence of service. 5206. Fines and deductions. 5207. Surface Transportation Board to fix rates. 5208. Procedures. 5209. Special rates. 5210. Intermodal transportation. 5211. Statistical studies. 5212. Special contracts. 5213. Carrier operations; receipts; expenditures. 5214. Agreements with passenger common carriers by motor vehicle. 5215. Star route certification. § 5201. Definitions For purposes of this chapter (1) "Board" means the Surface Transportation Board; (2) "carrier" and "regulated surface carrier" mean a railroad, a freight forwarder, or a motor carrier; (3) "railroad" means a railway common carrier, including an electric urban and interurban railway common carrier; (4) "freight forwarder" means any regulated freight forwarder which holds itself out to the general public as a carrier to transport or provide transportation of property as authorized by a registration issued by the Board; (5) "motor carrier" means a motor carrier, except a passenger-carrying motor vehicle of such a carrier, within the meaning of section 13102(12) of title 49, that holds a registration issued by the Board; (6) "person" includes any person other than a carrier holding a certificate or registration issued by the Board; and (7) "mail" includes equipment and supplies of the Postal Service. § 5202. Applicability This chapter applies to mail transportation performed by any person or carrier or carrier combination regardless of the mode of transportation actually used to provide the service. § 5203. Authorization of service by carrier (a) The Postal Service may establish mail routes and authorize mail transportation service thereon. (b) A carrier shall transport mail offered for transportation by the Postal Service in the manner, under the conditions, and with the service prescribed by the Postal Service. A carrier is entitled to receive fair and reasonable compensation for the transportation and service connected therewith. (c) The Postal Service shall determine the trains or motor vehicles upon which mail shall be transported, except that no carrier shall be compelled to transport mail on any train or vehicle which is operated exclusively for the transportation of passengers and their baggage. (d) A carrier shall transport with due speed such mail as the Postal Service directs under this section. (e) No carrier shall be required to serve territory it is not otherwise authorized to serve, to provide service for the Postal Service at a rate which is less than compensatory cost, or to provide service at a detriment to the carrier or its other customers. (f) Any order or determination of the Postal Service providing for the transportation of mail by a motor carrier shall be filed with the Board. If the Board finds, within 90 days after the filing, that the order or determination will be detrimental to the motor carrier or its other customers, or that such carrier does not operate equipment suitable for the transportation of mail, the order or determination shall be terminated. (g) An order or determination of the Postal Service under this section shall be consistent with the orders of the Board under sections 5207 and 5208 of this title. § 5204. Changes in service; placement of equipment (a) The Postal Service may authorize, according to the need therefor, new or additional mail transportation service by carriers at the rate or compensation fixed under this chapter. It may reduce or discontinue service with pro rata reductions in compensation and indemnity for the loss of reasonable investment in equipment used exclusively for mail. (b) A railroad shall place cars used for full or apartment_post office service in position at such times before departure as the Postal Service directs. § 5205. Evidence of service A carrier shall submit evidence of its performance of mail transportation service, signed by an authorized official, in such form and at such times as the Postal Service requires. Mail transportation service is considered that of the carrier performing it regardless of the ownership of the property used by the carrier. § 5206. Fines and deductions (a) The Postal Service may fine any carrier an amount not to exceed $500 for each day the carrier refuses to perform mail transportation services required by it at rates or compensation established under this chapter. (b) The Postal Service shall fine a carrier an amount it deems reasonable for failure or refusal by that carrier to transport mail as required by the Postal Service under section 5203 of this title. (c) The Board may make deductions from the compensation of a carrier for failure to perform mail transportation service as required under section 5203 of this title. If the failure to perform is due to the fault of the carrier, it may deduct a sum not exceeding twice the compensation applying to such service. Such deductions shall not be made prior to the expiration of 60 days following service upon the carrier by the Board of notice of intention to assess a fine or make a deduction and of the basis therefor. § 5207. Surface Transportation Board to fix rates (a) The Board shall determine and fix the fair and reasonable rates or compensation for the transportation of mail by carrier and the service connected therewith, and shall prescribe the method of computing such rates or compensation. The Board shall publish its orders stating its determination under this section which shall remain in force until changed by it after notice and hearing. (b) For the purpose of determining and fixing rates or compensation under this section, the Board may make just and reasonable classifications of carriers and, where just and equitable, fix general rates applicable to carriers in the same classification. (c) In determining and fixing fair and reasonable rates or compensation under this section, the Board shall consider the relation between the Government and carriers as public service corporations, and the nature of public service as distinguished, if there is a distinction, from the ordinary transportation business of the carriers. (d) Initial rates or compensation for mail transportation service by any carrier or carriers shall be those agreed to by the Postal Service and the carrier or carriers, and such rates or compensation shall continue in effect until such time as the Board fixes the rates or compensation under subsection (a) of this section. § 5208. Procedures (a) At any time after 6 months from the entry of an order stating the Board's determination under section 5207 of this title, the Postal Service or an interested carrier may apply for a reexamination and substantially similar proceedings as have theretofore been had shall be followed with respect to the rates of compensation for services covered by the application. At the conclusion of the hearing the Board shall enter an order stating its determination. (b) Except as authorized by sections 5207(d), 5209, 5210, and 5212 of this title, the Postal Service shall pay a carrier the rates or compensation so determined and fixed for application at such stated times as named in the order. (c) The Postal Service may file with the Board a comprehensive plan stating (1) its requirements for the transportation of mail by carrier; (2) the character and speed of the trains or motor vehicles which are to carry the various kinds of mail; (3) the service, both terminal and en route, which carriers are to render; (4) what it believes to be the fair and reasonable rates or compensation for the services required; and (5) all other information which may be material to the inquiry, but such other information may be filed at any time in the discretion of the Board. |