W. Va. Code R. § 150-18-4

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 150-18-4 - Operations By The Accessing Carrier Or Shipper

4.1. Accessing carrier obligations.

4.1.1. In using the access facilities, the accessing carrier shall comply with the accessed carrier's operating rules and regulations.

4.1.2. Prior to commencing operations, and at such additional times as the accessed carrier may request, the accessing carrier shall provide to the accessed carrier evidence of insurance covering liabilities resulting from its use of the access facilities, which shall show the accessed carrier as a coinsured.

4.1.3. Prior to commencing operations, the accessing carrier shall provide to the accessed carrier an indemnity against all liabilities resulting from use of the access facilities by the accessing carrier, except to the extent that the injury is caused in whole or in part by the fault of the accessed carrier or its agents or employees in which event the financial responsibility shall be divided in accordance with the relative fault of the accessed and accessing carriers. The indemnity shall extend to liabilities that arise under state and federal environmental legislation.

4.1.4. The accessing carrier shall comply with all state and federal safety and environmental laws and regulations.

4.1.5. The accessed carrier shall bill the accessing carrier for access charges no more frequently than monthly, and the accessing carrier shall pay access charges properly due within thirty (30) days of billing.

4.2. Accessed Carrier's Obligations

4.2.1. The accessed carrier, upon request by the accessing carrier, shall provide training to the personnel of the accessing carrier to permit use of the access facilities in a safe and non-disruptive manner. The accessed carrier may charge the accessing carrier the actual cost of such training.

4.2.2. In the absence of an agreement to the contrary, the accessed carrier shall be responsible for maintaining the continuing utility of the access facilities for providing substantially the same quality of access as they provided on the date the Commission issued the carrier access authority. This shall not preclude the accessed carrier from changing the access facilities to incorporate new technology or to lower the cost or improve the safety of operations or improve the quality of service.

4.2.3. In the absence of an agreement to the contrary, the accessed carrier shall be responsible for dispatching and operation of the train control system on the access facilities. These services shall be provided to the accessing carrier on a non-discriminatory basis.

4.2.4. The accessed carrier shall not require the accessing carrier to comply with work rules or other requirements not required by the Federal Railroad Administration or the Commission.

4.2.5. The accessed carrier shall not require that the trains of the accessing carrier be manned by employees of the accessed carrier.

W. Va. Code R. § 150-18-4