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FRA Trots Out New Reflector Rule
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[quote]QUOTE: <i>Originally posted by oltmannd</i> <br /><br />The RRs have been fighting this one for at least 20 years that I can remember. The arguement against was the fear that there would be an expectation (at least in a court of law) that reflectors would have to be cleaned if they got dirty. Wonder how that will work out? Will car inspectors be responsible for wiping them clean each trip? <br />[/quote] <br /> <br />True, this was and is one of the big points of contention. I understand that the railroads managed to keep any cleaning requirements out of the final regulation. That won't stop people from bringing lawsuits on the issue, of course. <br /> <br />The other thing that no one has brought up in this conversation is that when tracing interests it is useful to "follow the money". In any safety regulation requiring alteration to freight cars, locomotives or other rail equipment one has to consider how such alterations will be paid for and maintained. Keep in mind that the railroads are one national (OK, North American) system. <br /> <br />How do railroads maintain their equipment. They have car and locomotive shops, on their property. Off property, other railroads repair the cars for the owner (RR or private) and bill the owner pursuant to the AAR Car Service Rules. Owners must accept and pay the railroad's AAR car repair bills. Locomotive repairs are handled by agreements between the railroads involved. Under the AAR Car Service Rules repairs to safety appliances are not covered by the provisions permitting railroads to bill the owner. Thus, railroads must bear the costs of repairs to safety appliances (such as ladders, grabs, end platforms, etc). <br /> <br />So, why is this important in the great reflective tape debate? <br /> <br />If I am a railroad that owns few cars yet I receive many in interchange owned by others, and reflective tape is considered a safety appliance I will be on the hook for replacing a lot of reflective tape at my expense over time. I will need additional personnel, inventory of tape and tools (powerwasher at least) and track space on my R.I.P. track for these cars. All of this is at my cost. If I need to pass this through to my customers I will have to raise rates and won't see anything at ther bottom line. <br /> <br />So, the railroads oppose reflectorization both for liability and cost considerations. Also, did I mention it may not work after all of this? <br /> <br />LC
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