W. Va. Code R. § 150-19-4

Current through Register Vol. XLI, No. 38, September 20, 2024

Section 150-19-4 - Operations by the Accessing Shipper

4.1. Accessing Shipper Obligations.

4.1.1. In using the access facilities, the accessing shipper 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 shipper 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 shipper shall provide to the accessed carrier an indemnity against all liabilities resulting from use of the access facilities by the accessing shipper, except to the extent that the injury is caused by the fault of the accessed carrier or its agents or employees. That indemnity shall extend to all liabilities that arise under state and federal environmental legislation.

4.1.4. The accessing shipper shall pay access charges due in accordance with the access order issued by the Commission.

4.2. Accessed Carrier's Obligations.

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

4.2.2. 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 shipper access order. 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 operation, or improve the quality of service.

4.2.3. The accessed carrier shall be responsible for dispatching and operation of the train control system on the access facilities. These services shall be provide to the accessing shipper on a non-discriminatory basis.

4.2.4. The accessed carrier shall not require the accessing shipper to comply with work rules 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 shipper be manned by the employees of the accessed carrier.

W. Va. Code R. § 150-19-4