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 Post subject: Re: Track Use Agreements
PostPosted: Wed May 03, 2017 10:02 pm 

Joined: Thu Oct 08, 2015 11:54 am
Posts: 2053
Location: New Franklin, OH
Good points. We do not operate any passenger trains on this trackage - it's strictly for our own storage and maintenance. We do have a public grade crossing on one siding (crossed once since we acquired the property a couple years ago), thus non-insular FRA Lite. If we ever do offer limited passenger train rides within the property, we'll upgrade that portion accordingly. Otherwise, we go by "1 in 4 or 5 good" to keep it sufficiently pinned together.

If we are considered a plant railroad:
Per the 2017 Track and Rail and Infrastructure Integrity Compliance Manual, Part 213(b) Guidance, 3rd paragraph: "While FRA has chosen not to apply the requirements of Part 213 to trackage used in certain railroad operations, those operations should use the requirements as a guide to ensure that their tracks are capable of carrying rail traffic safely. For example, as a practical application of this policy, FRA expects that the trackage in a plant railroad, at a minimum, meet Class 1 standards...."

4th Paragraph: "...Accordingly, the requirements of FRA’s TSS do not apply directly to railroads that meet the definition of “plant railroad,” except that FRA expects that plant railroads will maintain that portion of their trackage used by a general system railroad in a safe condition and in compliance with Part 213, and FRA retains its enforcement authority and the authority to issue emergency orders to repair or discontinue use of industrial or plant trackage should FRA find that the track conditions pose an emergency situation involving a hazard of death, personal injury, or significant harm to the environment."

I assume that this could very well apply to us. Also, the track has to be safe, but possibly not necessarily Class 1???

Man, the more I dig... this stuff is giving me a headache.

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 Post subject: Re: Track Use Agreements
PostPosted: Wed May 03, 2017 10:33 pm 

Joined: Thu Oct 11, 2012 8:41 pm
Posts: 26
Location: Cos Cob, CT
You don't seem to want or need any additional expense or liability. That said, be aware that what seems like a huge sum of money to you may be a petty cash to the leasee. Never, ever, be embarrassed to throw out your number, and don't talk yourself out of the deal.

My dad sold shoes at Macy's in NYC just after he got out of college. They taught him to tell the lady the price of the shoes. If she doesn't get a funny look on her face ask her, "And would you like laces with those too ?"

Remember, a "good deal" is a good deal when both parties get what they want.

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