PRIA, Government Policy, Made Personal

Summary

Railroad companies must provide safe, enough railcar service and must set, follow, and enforce fair rules about car use. If the Board finds a railroad has not done this, the Board can order the railroad to get the facilities or equipment needed. The Board can only act after someone with an interest asks it to, and only after a hearing that shows three things are true: the added facilities won’t seriously harm the railroad’s ability to run safe service; the cost (including a return equal to the railroad’s current cost of capital) will be recovered; and the change won’t hurt the railroad’s ability to raise money. The Board can also require railroads to file their car service rules. The Board may appoint agents or agencies to carry out its orders about car service and related matters in sections 11123 and 11124(a)(1). The Board must consult with the National Grain Car Council when it thinks that is needed.

Title 49, §11121

Transportation, Source: USLM XML via OLRC

(a)(1)A rail carrier providing transportation subject to the jurisdiction of the Board under this part shall furnish safe and adequate car service and establish, observe, and enforce reasonable rules and practices on car service. The Board may require a rail carrier to provide facilities and equipment that are reasonably necessary to furnish safe and adequate car service if the Board decides that the rail carrier has materially failed to furnish that service. The Board may begin a proceeding under this paragraph when an interested person files an application with it. The Board may act only after a hearing on the record and an affirmative finding, based on the evidence presented, that—

(A)providing the facilities or equipment will not materially and adversely affect the ability of the rail carrier to provide safe and adequate transportation;

(B)the amount spent for the facilities or equipment, including a return equal to the rail carrier’s current cost of capital, will be recovered; and

(C)providing the facilities or equipment will not impair the ability of the rail carrier to attract adequate capital.

(2)The Board may require a rail carrier to file its car service rules with the Board.

(b)The Board may designate and appoint agents and agencies to make and carry out its directions related to car service and matters under section 11123 and 11124(a)(1) of this title.

(c)The Board shall consult, as it considers necessary, with the National Grain Car Council on matters within the charter of that body.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 11121, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1421; Pub. L. 96–258, § 1(11), June 3, 1980, 94 Stat. 426, related to criteria of rail carriers to furnish safe and adequate car service, 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.

§11121 Criteria