49-U.S.C.-11102
§11102 – Use of Terminal Facilities
Pathway
Title 49 > Subtitle IV > Part A > Chapter 111 > Subchapter I > Section 11102
Details
- Reference: Section 11102
- Legend: §11102 – Use of Terminal Facilities
- USCode Year: 2013
Provision Content
(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.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 831.)
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).
U.S. Encyclopedia of Law Coverage
49-U.S.C.-10743 in the Legal Encyclopedia: Transportation
In this entry about 49-U.S.C.-10743, find legal reference material, bibliographies and premiere content related to transportation in the American Encyclopedia of Law, presenting a comprehensive view of the United States transportation-specific issues, written by authorities in the field.
49-U.S.C.-10908 in the Legal Encyclopedia: Interstate Transportation
In this entry about 49-U.S.C.-10908, find legal reference material, bibliographies and premiere content related to interstate transportation in the American Encyclopedia of Law, presenting a comprehensive view of the United States interstate transportation-specific issues, written by authorities in the field.
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