§11103. Use of terminal facilities

(a) The Interstate Commerce Commission 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 Commission under subchapter I of chapter 105 of this title, to be used by another rail carrier if the Commission 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 carriers are responsible for establishing the conditions and compensation for use of the facilities. However, if the carriers cannot agree, the Commission 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 carrier may begin to use the facilities of another carrier under this section.

(b) A rail carrier whose terminal facilities are required to be used by another carrier under this section is entitled to recover damages from the other 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 Commission 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 carriers entering into such an agreement shall establish the conditions and compensation applicable to such agreement, but, if the carriers cannot agree upon such conditions and compensation within a reasonable period of time, the Commission may establish such conditions and compensation.

(2) The Commission 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.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1419 ; Pub. L. 96–448, title II, §223, Oct. 14, 1980, 94 Stat. 1929 .)

In subsection (a), the words "may require" are substituted for "shall have power by order to require" to eliminate redundancy. The words "carriers are responsible for establishing" are substituted for "carriers affected may agree" for clarity. The word "conditions" is substituted for "terms" for consistency. The word "establish" is substituted for "fix" for consistency. The words "just and reasonable" are omitted as surplus in view of the requirement that conditions be established as if in a condemnation proceeding. The word "duly" is omitted as surplus.

In subsection (b), the words "civil action" are substituted for "suit or action" to conform to title 28. The word "proper" is omitted as surplus. The words "as appropriate" are substituted for "as the case may be" for clarity.

Amendments

1980-Subsec. (c). Pub. L. 96–448 added subsec. (c).

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–448 effective Oct. 1, 1980, see section 710(a) of Pub. L. 96–448, set out as a note under section 10101 of this title.

Section Referred to in Other Sections

This section is referred to in sections 10705, 10711, 11126 of this title.