PRIA, Government Policy, Made Personal

Summary

The Transportation Secretary can sue to make the Corporation follow any rule found in sections 1321 or 1322. A person who suffers direct and substantial economic harm can also sue, but only for alleged violations of section 1321(a)(1) or (2) and section 1322. All such cases must go to the special court set up under section 719. That court can limit enforcing a rule in section 1321 if enforcing it would seriously harm the Corporation’s ability to keep operating.

Title 45, §1324

Railroads, Source: USLM XML via OLRC

(a)Enforcement actions

The Secretary of Transportation, with respect to any provision of section 1321 or 1322 of this title, and any person who suffers direct and substantial economic injury as a result of an alleged violation by the Corporation, with respect to the provisions of section 1321(a)(1) and (2) of this title, and section 1322 of this title, may bring an action to require compliance with such provision.

(b)Special court

Any action brought under this subchapter shall be brought before the special court established under section 719 of this title. Such special court may limit the enforcement of a restriction under section 1321 of this title, if the effect of such restriction would be to substantially impair the continued viability of the Corporation.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 1321(a)(2) of this title, referred to in subsec. (a), was repealed by Pub. L. 101–213, § 2(b)(3), Dec. 11, 1989, 103 Stat. 1843.

Statutory Notes and Related Subsidiaries

Abolition of Special Court, Regional Rail Reorganization Act of 1973, and

Transfer of Functions

Special court abolished and all jurisdiction and functions transferred to United States District Court for District of Columbia, see section 719(b)(2) of this title.

§1324 Certain Enforcement Relief