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
This section caps certain accident or incident claims involving a Virginia-law commuter authority, Amtrak, and a rail carrier at the authority’s indemnity coverage. It requires at least $200 million in coverage and applies only after a qualifying operating agreement.
(a) If a publicly financed commuter authority established under Virginia law contracts to indemnify Amtrak or a rail carrier whose tracks it uses for operations conducted by or for the authority, claims including punitive damages from an accident or incident in DC related to those operations may not exceed the authority’s liability coverage maintained for that indemnity. The cap applies to Amtrak, the authority, and the carrier. (b) The authority must maintain at least $200,000,000 total minimum liability coverage. (c) This section takes effect only after Amtrak or the carrier seeking indemnity makes an operating agreement with the authority giving access to its property for revenue service related to the authority’s operations.
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.
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.
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.)
- 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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