49 U.S.C. § 11103

Switch connections and tracks

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(a) On application of the owner of a lateral branch line of railroad, or of a shipper tendering interstate traffic for transportation, a rail carrier providing transportation subject to the jurisdiction of the Board under this part shall construct, maintain, and operate, on reasonable conditions, a switch connection to connect that branch line or private side track with its railroad and shall furnish cars to move that traffic to the best of its ability without discrimination in favor of or against the shipper when the connection—(1) is reasonably practicable;(2) can be made safely; and(3) will furnish sufficient business to justify its construction and maintenance.(b) If a rail carrier fails to install and operate a switch connection after application is made under subsection (a) of this section, the owner of the lateral branch line of railroad or the shipper may file a complaint with the Board under section 11701 of this title. The Board shall investigate the complaint and decide the safety, practicability, justification, and compensation to be paid for the connection. The Board may direct the rail carrier to comply with subsection (a) of this section only after a full hearing.(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 831.)Editorial NotesPrior Provisions

Provisions similar to those in this section were contained in section 11104 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

Prior sections 11103 to 11111 were omitted in the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

Section 11103, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1419; Pub. L. 96–448, title II, § 223, Oct. 14, 1980, 94 Stat. 1929, related to use of terminal facilities. See section 11102 of this title.

Section 11104, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1420, related to switch connections and tracks. See section 11103 of this title.

Section 11105, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1420, related to protective services.

Section 11106, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1420, related to identification of motor vehicles.

Section 11107, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1420; Pub. L. 96–296, § 15(d), July 1, 1980, 94 Stat. 809, related to leased motor vehicles. See section 14102 of this title.

Section 11108, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1421, related to water carriers subject to unreasonable discrimination in foreign transportation.

Section 11109, added Pub. L. 96–296, § 15(a)(1), July 1, 1980, 94 Stat. 808, related to loading and unloading motor vehicles. See section 14103 of this title.

Section 11110, added Pub. L. 96–454, § 6(a)(1), Oct. 15, 1980, 94 Stat. 2015, related to household goods carrier operations. See section 14104 of this title.

Section 11111, added Pub. L. 97–261, § 25(d)(1), Sept. 20, 1982, 96 Stat. 1125, related to use of citizen band radios on buses.

Statutory Notes and Related SubsidiariesEffective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.

Notes of Decisions

Cited in 17 cases (1 in the last 5 years), 1981–2024 · leading case: Cent. States Enter., Inc. v. Interstate Com. Comm'n & United States of Am., 780 F.2d 664 (7th Cir. 1986).

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Cent. States Enter., Inc. v. Interstate Com. Comm'n & United States of Am., 780 F.2d 664 (7th Cir. 1986). · cites it 5× “Statutory Background Central commenced this action, pursuant to 49 U.S.C. § 11103 (a) and (c), seeking an order from the Commission requiring that Seaboard open the 1.”

Ry. Labor Executives' Ass'n v. Interstate Com. Comm'n, & Daniel R. Murray, Intervening, 894 F.2d 915 (7th Cir. 1990). · cites it 2× “The transaction required the Commission’s permission under 49 U.S.C. §§ 11103 , 11343, 11344. The bankruptcy judge initially directed the Commission to review the proposed transaction within thirty days of the parties’ applying to it for permission, and the Commission duly…”

Midtec Paper Corp. v. United States, 857 F.2d 1487 (D.C. Cir. 1988). · cites it 4× “” 49 U.S.C. § 11103 (a) (1982). Again, if the carriers cannot agree on terms for so-called terminal trackage rights, the Commission may prescribe them.”

Consol. Rail Corp. v. Interstate Com. Comm'n United States of Am., Delaware & Hudson Ry. Co., Intervenor, 43 F.3d 1528 (D.C. Cir. 1995). “49 U.S.C. § 11103 (c)(1) (1988). A switching agreement requires a carrier that owns a fine to move a competing carrier’s cars to loading or unloading points on that line.”

Ass'n of Am. Railroads v. Pub. Serv. Comm'n of West Virginia, 745 F. Supp. 1175 (S.D.W. Va 1989). · cites it 2× “” 49 U.S.C. § 11103 (a). Included within its *1180 authority to compel access is the authority of the ICC, in the absence of voluntary agreement between the participating carriers, to set the terms of the arrangement.”

Consol. Rail Corp. v. Delaware & Hudson Ry. Co., 543 F. Supp. 1079 (Regl. Rail Reorg. Act 1982). · cites it 2× “3 However, in *1081 D&H’s view, another string was added to its bow in 1980 when, in Section 223 of the Staggers Act, Congress amended the Interstate Commerce Act by adding what is now 49 U.S.C. § 11103 (c)(1), 94 Stat. 1929 .”

S. Pac. Transp. Co. v. Interstate Com. Comm'n, 736 F.2d 708 (D.C. Cir. 1984). · cites it 7× “The Commission rejected ATSF’s challenge on the ground that the line segments at issue come within its statutory authority under 49 U.S.C. § 11103 (Supp. Y 1981) to require terminal facilities, including mainline tracks for a reasonable distance outside of a terminal, to be used…”

Gibbons v. United States, 660 F.2d 225 (7th Cir. 1981). “, 49 U.S.C. §§ 11103 (rail terminal use); 11123 (emergency use of car service, terminals); 11124 (rerouted traffic); 11127 (freight forwarders); and 45 U.”

Simmons v. Interstate Com. Comm'n, 766 F.2d 1177 (7th Cir. 1985). “§ 10905 (b) (Supp. II 1978). We do not understand petitioner to argue to the contrary.”

Baltimore Gas & Elec. Co. v. United States, 817 F.2d 108 (D.C. Cir. 1987). “” 49 U.S.C. § 11103 (c)(1) (1982). The Commission’s authority to order such switching arrangements had previously been unclear.”

Ry. Labor Executives' Ass'n v. Interstate Com. Comm'n, 116 B.R. 127 (7th Cir. 1990). · cites it 2× “ORDER In support of its petition for rehearing, Illinois Central argues that our decision permits the bankruptcy court to review as a referred proceeding the ICC’s order granting SPCSL terminal trackage rights pursuant to 49 U.S.C. § 11103 , a matter over which that court would…”

Edison Elec. Inst. v. Interstate Com. Comm'n, 765 F.2d 210 (D.C. Cir. 1985). “” After this jurisdiction was conferred, Congress in the Staggers Act specifically provided that the ICC “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…”

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