49 U.S.C. § 11103 — Switch connections and tracks

Page 444 TITLE 49—TRANSPORTATION § 11103 § 11103. Switch connections and tracks (a) On application of the owner of a lateral branch line of railroad, or of a shipper tendering interstate traffic for transportation, a rail car- rier providing transportation subject to the ju- risdiction of the Board under this part shall con- struct, maintain, and operate, on reasonable conditions, a switch connection to connect that branch line or private side track with its rail- road and shall furnish cars to move that traffic to the best of its ability without discrimination in favor of or against the shipper when the con- nection— (1) is reasonably practicable; (2) can be made safely; and (3) will furnish sufficient business to justify its construction and maintenance. (b) If a rail carrier fails to install and operate a switch connection after application is made under subsection (a) of this section, the owner of the lateral branch line of railroad or the shipper may file a complaint with the Board under sec- tion 11701 of this title. The Board shall inves- tigate the complaint and decide the safety, prac- ticability, justification, and compensation to be paid for the connection. The Board may direct the rail carrier to comply with subsection (a) of this section only after a full hearing. (Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 831.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11104 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). Prior sections 11103 to 11111 were omitted in the gen- eral amendment of this subtitle by Pub. L. 104–88, § 102(a). Section 11103, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1419; Pub. L. 96–448, title II, § 223, Oct. 14, 1980, 94 Stat. 1929, related to use of terminal facilities. See section 11102 of this title. Section 11104, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1420, related to switch connections and tracks. See sec- tion 11103 of this title. Section 11105, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1420, related to protective services. Section 11106, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1420, related to identification of motor vehicles. Section 11107, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1420; Pub. L. 96–296, § 15(d), July 1, 1980, 94 Stat. 809, re- lated to leased motor vehicles. See section 14102 of this title. Section 11108, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1421, related to water carriers subject to unreasonable discrimination in foreign transportation. Section 11109, added Pub. L. 96–296, § 15(a)(1), July 1, 1980, 94 Stat. 808, related to loading and unloading motor vehicles. See section 14103 of this title. Section 11110, added Pub. L. 96–454, § 6(a)(1), Oct. 15, 1980, 94 Stat. 2015, related to household goods carrier operations. See section 14104 of this title. Section 11111, added Pub. L. 97–261, § 25(d)(1), Sept. 20, 1982, 96 Stat. 1125, related to use of citizen band radios on buses. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1996, except as otherwise pro- vided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title. SUBCHAPTER II—CAR SERVICE § 11121. Criteria (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 rea- sonable rules and practices on car service. The Board may require a rail carrier to provide fa- cilities and equipment that are reasonably nec- essary to furnish safe and adequate car service if the Board decides that the rail carrier has mate- rially 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 recov- ered; and (C) providing the facilities or equipment will not impair the ability of the rail carrier to at- tract 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 sections 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. (Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 832.) 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 amend- ment 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 pro- vided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title. § 11122. Compensation and practice (a) The regulations of the Board on car service shall encourage the purchase, acquisition, and efficient use of freight cars. The regulations may include— (1) the compensation to be paid for the use of a locomotive, freight car, or other vehicle; (2) the other terms of any arrangement for the use by a rail carrier of a locomotive, freight car, or other vehicle not owned by the rail carrier using the locomotive, freight car, or other vehicle, whether or not owned by an- other carrier, shipper, or third person; and