§11102 — Title 49 Transportation | U.S. Code

Summary

The Board can order one rail company to let another use its terminal facilities, including nearby main-line tracks, if sharing is practical, is in the public interest, and does not seriously harm the owner’s ability to run its business. The rail companies must try to agree on the rules and payment for the use. If they cannot agree, the Board will decide the terms and set fair pay using the same principle used in condemnation cases. The pay must be made or properly guaranteed before use can start. If the owner is unhappy with the terms or is not paid quickly, it can sue for damages or payment. The Board can also require rail companies to make reciprocal switching deals when needed for competition or the public good. Companies should set the terms, but the Board can step in if they fail to agree. Those deals must protect affected employees. The Board must finish any proceeding under these rules within 180 days after a request is filed.

Title 49, §11102

Transportation — Source: USLM XML via OLRC

(a)The Board may require terminal facilities, including main-line tracks for a reasonable distance outside of a terminal, owned by a rail carrier providing transportation subject to the jurisdiction of the Board under this part, to be used by another rail carrier if the Board finds that use to be practicable and in the public interest without substantially impairing the ability of the rail carrier owning the facilities or entitled to use the facilities to handle its own business. The rail carriers are responsible for establishing the conditions and compensation for use of the facilities. However, if the rail carriers cannot agree, the Board may establish conditions and compensation for use of the facilities under the principle controlling compensation in condemnation proceedings. The compensation shall be paid or adequately secured before a rail carrier may begin to use the facilities of another rail carrier under this section.

(b)A rail carrier whose terminal facilities are required to be used by another rail carrier under this section is entitled to recover damages from the other rail carrier for injuries sustained as the result of compliance with the requirement or for compensation for the use, or both as appropriate, in a civil action, if it is not satisfied with the conditions for use of the facilities or if the amount of the compensation is not paid promptly.

(c)(1)The Board may require rail carriers to enter into reciprocal switching agreements, where it finds such agreements to be practicable and in the public interest, or where such agreements are necessary to provide competitive rail service. The rail carriers entering into such an agreement shall establish the conditions and compensation applicable to such agreement, but, if the rail carriers cannot agree upon such conditions and compensation within a reasonable period of time, the Board may establish such conditions and compensation.

(2)The Board may require reciprocal switching agreements entered into by rail carriers pursuant to this subsection to contain provisions for the protection of the interests of employees affected thereby.

(d)The Board shall complete any proceeding under subsection (a) or (b) within 180 days after the filing of the request for relief.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 11103 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). A prior section 11102, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1419, related to classification of carriers, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.

§11102 Use of terminal facilities