United States v. The Atchison, Topeka and Santa Fe Railway Company

On May 21, 1979, defendant The Atchi-son, Topeka and Santa Fe Railway Company, a corporate common carrier, was indicted for fifty violations of the Elkins Act, 49 U.S.C. § 41 (1). The indictment charged that defendant “knowingly offered and granted concessions” which “caused property to be transported at a rate less than that named in the tariffs published and filed by defendant ... with the Interstate Commerce Commission.” On January 17, 1980, defendant was found guilty on all but two of the fifty counts.

The evidence established that throughout 1975 defendant railroad furnished State of California Department of Motor Vehicles trip permits to its customers. Trip permits are short-term licenses for operation of vehicles beyond the railroad ramp area (i.e., on highways) for a five day period. These $5.00 permits are required under California law for truck trailers not permanently registered in California. Defendant provided the permits without separate charge to its shipper-customers for traffic moving under a “Plan IV” tariff. “Plan IV” transportation is a type of trailer-on-flat-car (TOFC) service in which the railroad receives customer-owned or leased truck trailers at the…