49 U.S.C. § 28102 — Limit on certain accident or incident liability

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 175 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law caps liability for accidents in D.C. tied to a Virginia commuter authority's Amtrak operations, limiting claims to the authority's indemnity insurance coverage. That authority must carry at least $200,000,000 in liability coverage. The cap only applies once Amtrak or a carrier has signed an operating agreement with the authority.

(a) General. When a publicly financed commuter transportation authority established under Virginia law signs a contract to indemnify Amtrak — for liability from operations conducted by or for the authority — or to indemnify a rail carrier whose tracks those operations run on, then total 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 cannot exceed the limits of the liability coverage the authority maintains to indemnify Amtrak or the carrier. (b) Minimum Required Liability Coverage. That Virginia commuter transportation authority must maintain total minimum liability coverage of at least $200,000,000. (c) Effectiveness. This section only takes effect once Amtrak or a rail carrier seeking an indemnification contract under this section has made an operating agreement with the Virginia commuter transportation authority to provide access to its property for revenue transportation related to the authority's operations.

the actual law source: uscode.house.gov ↗public domain

(a)General.—

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)Minimum Required Liability Coverage.—

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)Effectiveness.—

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.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 940, § 26102; renumbered § 28102, Pub. L. 103–440, title I, § 103(a)(1), Nov. 2, 1994, 108 Stat. 4616.)

history & why it existsrecord from the source credit

1994Enacted · Pub. L. 103-272 · 108 Stat. 940
1994Amended · Pub. L. 103-440 · 108 Stat. 4616

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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