Limit on certain accident or incident liability

  1. Law
  2. USC 49
  3. Transportation
  4. RAIL PROGRAMS
  5. MISCELLANEOUS
  6. LAW ENFORCEMENT
  7. Limit on certain accident or incident liability

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§28102. Limit on certain accident or incident liability

(a) General.-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.

(b) Minimum Required Liability Coverage.-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.

(c) Effectiveness.-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.

( 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 .)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
26102(a) 45:649(a) (1st sentence). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327 , §810; added July 6, 1990, Pub. L. 101–322, §3, 104 Stat. 295 .
26102(b) 45:649(a) (last sentence).
26102(c) 45:649(b).

In subsection (a), the words "Notwithstanding any other provision of law", "whether for compensatory or", and "occurring" are omitted as surplus.

In subsection (c), the words "an indemnification contract" are substituted for "coverage" for clarity.

Amendments

1994-Pub. L. 103–440 renumbered section 26102 of this title as this section.


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