§28102 — Title 49 Transportation | U.S. Code

Summary

When a Virginia publicly funded commuter agency agrees to pay for damages to Amtrak or a railroad from its D.C. operations, any legal claim against Amtrak, the agency, or the railroad for that accident can’t be larger than the agency’s liability coverage set aside for that promise. That limit also applies to punitive damages. The agency must carry at least $200,000,000 in liability coverage. The rule only kicks in after Amtrak or the railroad wanting the agency’s promise signs an operating agreement letting the agency use its property or tracks for revenue service.

Title 49, §28102

Transportation — Source: USLM XML via OLRC

(a)When a publicly financed commuter transportation authority established under Virginia law makes a contract to indemnify Amtrak for liability for operations conducted by or for the authority or to indemnify a rail carrier over whose tracks those operations are conducted, liability against Amtrak, the authority, or the carrier for all claims (including punitive damages) arising from an accident or incident in the District of Columbia related to those operations may not be more than the limits of the liability coverage the authority maintains to indemnify Amtrak or the carrier.

(b)A publicly financed commuter transportation authority referred to in subsection (a) of this section must maintain a total minimum liability coverage of at least $200,000,000.

(c)This section is effective only after Amtrak or a rail carrier seeking an indemnification contract under this section makes an operating agreement with a publicly financed commuter transportation authority established under Virginia law to provide access to its property for revenue transportation related to the operations of the authority.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 26102(a)45:649(a) (1st sentence).Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 810; added July 6, 1990, Pub. L. 101–322, § 3, 104 Stat. 295. 26102(b)45:649(a) (last sentence). 26102(c)45:649(b). In subsection (a), the words “Notwithstanding any other provision of law”, “whether for compensatory or”, and “occurring” are omitted as surplus. In subsection (c), the words “an indemnification contract” are substituted for “coverage” for clarity.

Editorial Notes

Amendments

1994—Pub. L. 103–440 renumbered section 26102 of this title as this section.

§28102 Limit on Certain Accident or Incident Liability