# § 10741. Prohibitions against discrimination by rail carriers
**(a)**
**(1)** A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part may not subject a person, place, port, or type of traffic to unreasonable discrimination.
**(2)** For purposes of this section, a rail carrier engages in unreasonable discrimination when it charges or receives from a person a different compensation for a service rendered, or to be rendered, in transportation the rail carrier may perform under this part than it charges or receives from another person for performing a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances.
**(b)** This section shall not apply to—
**(1)** contracts described in section 10709 of this title;
**(2)** rail rates applicable to different routes; or
**(3)** discrimination against the traffic of another carrier providing transportation by any mode.
**(c)** Differences between rates, classifications, rules, and practices of rail carriers do not constitute a violation of this section if such differences result from different services provided by rail carriers.
---
**Source Credit**: (Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 819.)
## Editorial Notes
### Prior Provisions
A prior section 10741, , , ; , , ; , , ; , , , related to prohibitions against discrimination by common carriers, prior to the general amendment of this subtitle by . See sections 10741 and 15505 of this title.
## Statutory Notes and Related Subsidiaries
### Effective Date
Section effective , except as otherwise provided in , see , set out as a note under .