49 U.S.C. § 11121 — Criteria
submitted 31 years ago by Pub. L. 104-88 to r/title-49-TRANSPORTATION · 252 words · no verdicts yet
Rail carriers must provide safe and adequate car service and reasonable car-service rules. The Board may require necessary facilities or equipment only after a recorded hearing and specified findings about service, cost recovery, and capital.
(a)(1) A rail carrier under the Board’s jurisdiction must provide safe and adequate car service and make, follow, and enforce reasonable car-service rules and practices. If the carrier materially fails to provide that service, the Board may require reasonably necessary facilities and equipment. An interested person may start the proceeding by application. After a recorded hearing, the Board may act only if the evidence supports findings that:
(A) the facilities or equipment will not materially and adversely affect the carrier’s ability to provide safe and adequate transportation;
(B) their cost, including a return equal to the carrier’s current cost of capital, will be recovered; and
(C) providing them will not impair the carrier’s ability to attract adequate capital.
(a)(2) The Board may require a 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 about car service and matters under sections 11123 and 11124(a)(1).
(c) When necessary, the Board must consult the National Grain Car Council about matters within that body’s charter.
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—
providing the facilities or equipment will not materially and adversely affect the ability of the rail carrier to provide safe and adequate transportation;
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
providing the facilities or equipment will not impair the ability of the rail carrier to attract adequate capital.
The Board may require a rail carrier to file its car service rules with the Board.
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.
The Board shall consult, as it considers necessary, with the National Grain Car Council on matters within the charter of that body.
Source credit: (Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 832.)
- 1995Enacted · Pub. L. 104-88 · 109 Stat. 832
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-88 on 1995-12-29.
all 0 arguments · sorted by: best
no arguments yet — make the first case