Staggers Rail Act

Last updated

Staggers Rail Act
Great Seal of the United States (obverse).svg
Long titleA bill to reform the economic regulation of railroads, and for other purposes.
Enacted bythe 96th United States Congress
EffectiveOctober 14, 1980
Citations
Public law Pub. L. Tooltip Public Law (United States)  96–448
Legislative history
  • Introduced in the Senate as "Harley O. Staggers Rail Act of 1980" (S. 1946) by Howard Cannon (D-NV) on October 29, 1979
  • Committee consideration by Senate Commerce, Science, and Transportation
  • Passed the Senate on April 1, 1980 (91-4)
  • Passed the House on September 9, 1980 (337-20)
  • Reported by the joint conference committee on September 29, 1980; agreed to by the Senate on September 30, 1980 (66-2) and by the House on September 30, 1980 
  • Signed into law by President Jimmy Carter on October 14, 1980
President Jimmy Carter signs the Staggers Rail Act into law on October 14, 1980. Representative Harley O. Staggers, sponsor of the bill, stands to the president's right. Signing of the Staggers Rail Act of 1980.jpg
President Jimmy Carter signs the Staggers Rail Act into law on October 14, 1980. Representative Harley O. Staggers, sponsor of the bill, stands to the president's right.

The Staggers Rail Act of 1980 is a United States federal law that deregulated the American railroad industry to a significant extent, and it replaced the regulatory structure that had existed since the Interstate Commerce Act of 1887. [1]

Contents

Background

In the aftermath of the Great Depression and World War II, many railroads were driven out of business by competition from the Interstate highways and airlines.[ citation needed ] The rise of the automobile led to the end of passenger train service on most railroads. Trucking businesses had become major competitors by the 1930s with the advent of improved paved roads. After the war, they expanded their operations as the highway network grew and acquired increased market share of the cargo business. [2] :219 Railroads continued to be regulated by the Interstate Commerce Commission (ICC) and a complex system for setting shipping rates.

The Staggers Act followed the Railroad Revitalization and Regulatory Reform Act of 1976 (often called the "4R Act"), which reduced federal regulation of railroads and authorized implementation details for Conrail, the new northeastern railroad system. [3] The 4R reforms included allowance of a greater range for railroad pricing without close regulatory restraint, greater independence from collective rate making procedures in rail pricing and service offers, contract rates, and, to a lesser extent, greater freedom for entry into and exit from rail markets.

Although the 4R Act established the guidelines, the ICC at first, did not give much effect to its legislative mandates. As regulatory change began to appear from 1976 to 1979, including the phasing in of the loss of collective ratemaking authority, most major railroads shifted away from their effort to maintain the historic regulatory system and came to support greater freedom for rail pricing, for higher and lower rail rates.

Major railroad shippers also continued to believe that they would be better served by more flexibility to arrive at tailored arrangements that were mutually beneficial to a particular shipper, and to the carrier serving a particular shipper. The judgments supported a second round of legislation. [4]

Summary

The major regulatory changes of the Staggers Act were as follows:

The Act also had provisions allowing the Commission to require access by one railroad to another railroad's facilities if one railroad had effective "bottleneck" control of traffic. The provisions dealt with "reciprocal switching" (handling of railroad cars between long-haul rail carriers and local customers) and trackage rights. However, the provisions did not have as much effect as the others mentioned.

The act was named for Harley Staggers (D-WV), who chaired the House Committee on Energy and Commerce.

Impact

Percent change in freight rail fares since Staggers Act deregulation. Freight rail fares.jpg
Percent change in freight rail fares since Staggers Act deregulation.

Studies of the rail industry showed dramatic benefits for both railroads and their users from the alteration to the regulatory system. [2] :253–4 According to studies by the Department of Transportation's Freight Management and Operations, railroad industry costs and prices were halved over a ten-year period, the railroads reversed their historic loss of traffic (as measured by ton-miles) to the trucking industry, and railroad industry profits began to recover, after decades of low profits and widespread railroad insolvencies. [5] In 2007 the Government Accountability Office reported to Congress, "The railroad industry is increasingly healthy and rail rates have generally declined since 1985, despite recent rate increases.... There is widespread consensus that the freight rail industry has benefited from the Staggers Rail Act." [6]

The Association of American Railroads, the principal railroad industry trade association, stated that the Staggers Act has led to a 51 percent reduction in average shipping rates, and $480 billion has been reinvested by the industry into their rail systems. [5]

The Staggers Act was one of three major deregulation laws passed by Congress in a two-year period, as the cumulative result of efforts to reform transport regulation begun in 1971, during the Nixon administration. The other two laws were the Airline Deregulation Act of 1978 and the Motor Carrier Act of 1980. This legislation in effect superseded almost a century of detailed regulation begun with the establishment of the ICC in 1887. The Interstate Commerce Commission Termination Act of 1995 abolished the ICC and created its successor agency, the Surface Transportation Board, an administrative affiliate of the United States Department of Transportation. [7]

See also

Related Research Articles

A common carrier in common law countries is a person or company that transports goods or people for any person or company and is responsible for any possible loss of the goods during transport. A common carrier offers its services to the general public under license or authority provided by a regulatory body, which has usually been granted "ministerial authority" by the legislation that created it. The regulatory body may create, interpret, and enforce its regulations upon the common carrier with independence and finality as long as it acts within the bounds of the enabling legislation.

<span class="mw-page-title-main">Interstate Commerce Commission</span> Defunct United States federal regulatory agency (1887-1996)

The Interstate Commerce Commission (ICC) was a regulatory agency in the United States created by the Interstate Commerce Act of 1887. The agency's original purpose was to regulate railroads to ensure fair rates, to eliminate rate discrimination, and to regulate other aspects of common carriers, including interstate bus lines and telephone companies. Congress expanded ICC authority to regulate other modes of commerce beginning in 1906. Throughout the 20th century, several of ICC's authorities were transferred to other federal agencies. The ICC was abolished in 1995, and its remaining functions were transferred to the Surface Transportation Board.

The Elkins Act is a 1903 United States federal law that amended the Interstate Commerce Act of 1887. The Act authorized the Interstate Commerce Commission (ICC) to impose heavy fines on railroads that offered rebates, and upon the shippers that accepted these rebates. The railroad companies were not permitted to offer rebates. Railroad corporations, their officers, and their employees, were all made liable for discriminatory practices.

<span class="mw-page-title-main">Hepburn Act</span> 1906 United States federal law

The Hepburn Act is a 1906 United States federal law that expanded the jurisdiction of the Interstate Commerce Commission (ICC) and gave it the power to set maximum railroad rates. This led to the discontinuation of free passes to loyal shippers. In addition, the ICC could view the railroads' financial records, a task simplified by standardized bookkeeping systems. For any railroad that resisted, the ICC's conditions would remain in effect until the outcome of legislation said otherwise. By the Hepburn Act, the ICC's authority was extended to cover bridges, terminals, ferries, railroad sleeping cars, express companies and oil pipelines.

<span class="mw-page-title-main">United States Department of Transportation</span> Federal executive department focusing on transportation

The United States Department of Transportation is one of the executive departments of the U.S. federal government. It is headed by the secretary of transportation, who reports directly to the president of the United States and is a member of the president's Cabinet.

<span class="mw-page-title-main">Airline Deregulation Act</span> 1978 United States federal legislation

The Airline Deregulation Act is a 1978 United States federal law that deregulated the airline industry in the United States, removing federal control over such areas as fares, routes, and market entry of new airlines. The act gradually phased out and disbanded the Civil Aeronautics Board, but the regulatory powers of the Federal Aviation Administration (FAA) were not diminished over all aspects of aviation safety.

The Railroad Revitalization and Regulatory Reform Act of 1976, often called the "4R Act," is a United States federal law that established the basic outlines of regulatory reform in the railroad industry and provided transitional operating funds following the 1970 bankruptcy of Penn Central Transportation Company. The law approved the "Final System Plan" for the newly created Conrail and authorized acquisition of Northeast Corridor tracks and facilities by Amtrak.

<span class="mw-page-title-main">Deregulation</span> Remove or reduce state regulations

Deregulation is the process of removing or reducing state regulations, typically in the economic sphere. It is the repeal of governmental regulation of the economy. It became common in advanced industrial economies in the 1970s and 1980s, as a result of new trends in economic thinking about the inefficiencies of government regulation, and the risk that regulatory agencies would be controlled by the regulated industry to its benefit, and thereby hurt consumers and the wider economy. Economic regulations were promoted during the Gilded Age, in which progressive reforms were claimed as necessary to limit externalities like corporate abuse, unsafe child labor, monopolization, pollution, and to mitigate boom and bust cycles. Around the late 1970s, such reforms were deemed burdensome on economic growth and many politicians espousing neoliberalism started promoting deregulation.

<span class="mw-page-title-main">Railroad Safety Appliance Act</span> 1893 US federal railway safety law

The Safety Appliance Act is a United States federal law that made air brakes and automatic couplers mandatory on all trains in the United States. It was enacted on March 2, 1893, and took effect in 1900, after a seven-year grace period. The act is credited with a sharp drop in accidents on American railroads in the early 20th century.

<span class="mw-page-title-main">Surface Transportation Board</span> Independent agency of the United States federal government

The Surface Transportation Board (STB) of the United States is an independent federal agency that serves as an adjudicatory board. The board was created in 1996 following the abolition of the Interstate Commerce Commission (ICC), and absorbed regulatory powers relevant to the railroad industry previously under the ICC's purview.

<span class="mw-page-title-main">Conrail</span> Former American Class I railroad (1976–1999)

Conrail, formally the Consolidated Rail Corporation, was the primary Class I railroad in the Northeastern United States between 1976 and 1999. The trade name Conrail is a portmanteau based on the company's legal name. It continues to do business as an asset management and network services provider in three Shared Assets Areas that were excluded from the division of its operations during its acquisition by CSX Corporation and the Norfolk Southern Railway.

<span class="mw-page-title-main">Harley Orrin Staggers</span> American politician

Harley Orrin Staggers Sr. was an American politician who served 16 terms in the United States House of Representatives from 1949 to 1981, representing West Virginia's 2nd Congressional District as a Democrat. From 1966 until his retirement in 1981, Congressman Staggers chaired the powerful House Committee on Interstate and Foreign Commerce. A longtime supporter of the American railroad industry and its workers, Congressman Staggers' landmark legislative achievement was the Staggers Rail Act, passed in 1980.

<span class="mw-page-title-main">Rail transportation in the United States</span>

Rail transportation in the United States consists primarily of freight shipments along a well integrated network of standard gauge private freight railroads that also extend into Canada and Mexico. The United States has the largest rail transport network size of any country in the world, at a total of approximately 160,000 miles (260,000 km).

<span class="mw-page-title-main">Interstate Commerce Act of 1887</span> United States federal law

The Interstate Commerce Act of 1887 is a United States federal law that was designed to regulate the railroad industry, particularly its monopolistic practices. The Act required that railroad rates be "reasonable and just," but did not empower the government to fix specific rates. It also required that railroads publicize shipping rates and prohibited short haul or long haul fare discrimination, a form of price discrimination against smaller markets, particularly farmers in Western or Southern Territory compared to the official Eastern states. The Act created a federal regulatory agency, the Interstate Commerce Commission (ICC), which it charged with monitoring railroads to ensure that they complied with the new regulations.

A public service company is a corporation or other non-governmental business entity which delivers public services - certain services considered essential to the public interest. The ranks of such companies include public utility companies like natural gas, pipeline, electricity, and water supply companies, sewer companies, telephone companies and telegraph companies. They also include public services such as transportation of passengers or property as a common carrier, such as airlines, railroads, trucking, bus, and taxicab companies.

The United States Railway Association (USRA) was a government-owned corporation created by United States federal law that oversaw the creation of Conrail, a railroad corporation that would acquire and operate bankrupt and other failing freight railroads. USRA operated from 1974 to 1986.

The Motor Carrier Regulatory Reform and Modernization Act, more commonly known as the Motor Carrier Act of 1980 (MCA) is a United States federal law which deregulated the trucking industry.

Title 49 of the United States Code is a positive law title of the United States Code with the heading "Transportation."

The Surface Freight Forwarder Deregulation Act of 1986, Public Law 99-521, is a federal law of the United States which eliminated federal regulation of prices, services and entry as to general commodities surface 'freight forwarders' This Act was a follow on to a sweeping program to free up competitive forces in United States transportation, most but not all of which was accomplished in the 1971-1980 period, as set out in the deregulation topic in this encyclopedia.

Transportation in the United States is governed by laws and regulations of the federal government. The Department of Transportation is responsible for carrying out federal transportation policy, and the Department of Homeland Security is responsible for security in transportation.

References

  1. Staggers Rail Act of 1980, Pub. L. Tooltip Public Law (United States)  96–448 , S. 1946 , 94  Stat.   1895 , enacted October 14, 1980
  2. 1 2 Stover, John F. (1997). American Railroads (2nd ed.). Chicago: University of Chicago Press. ISBN   978-0-226-77658-3.
  3. Railroad Revitalization and Regulatory Reform Act, Pub. L. Tooltip Public Law (United States)  94–210, 90  Stat.   31, 45 U.S.C.   § 801. Approved February 5, 1976.
  4. Derthick, Martha; Quirk, Paul J. (1985). The Politics of Deregulation . Washington, DC: Brookings Institution Press. pp.  14–16. ISBN   978-0-8157-1817-8.
  5. 1 2 Association of American Railroads, Washington, D.C. (2011). "The Impact of the Staggers Rail Act of 1980."
  6. Hecker, JayEtta Z. (September 25, 2007). Freight Railroads: Updated Information on Rates and Competition Issues. Washington, DC: U.S. Government Accountability Office. p. 6. Testimony Before the Committee on Transportation and Infrastructure, House of Representatives. Report No. GAO-07-1245T.
  7. U.S. Surface Transportation Board. Washington, D.C. "Overview of the STB." Accessed November 4, 2010.

Further reading