Private Railroad, Regulation and Restrictions

[thirdrail1]

John, you are still not specific enough. Are you thinking of buying existing track? Or putting a new railroad on private property you own? Would it provide any kind of freight or passenger service? Check out my website and if you think I can be of help e-mail me. (Use my surname as keyword on Google)

[johngraser]

I am planning on having a (private) railroad in the future and tring to find out what regulation need to be met, to help decide on which direction I need to persue.

John

P.S. Gregg, Thanks for your pervious info.

[thirdrail1]

John, on rail-highway grade crossings you would be dealing on a local, or possibly a state, level. A common carrier railroad can use the STB and the courts to force crossing of a highway or another railroad, but a private railroad has no such power. Do you have something specific in mind or are you just looking for general information?

[johngraser]

I assume that the only other concern would be if the railroad not part of the general railroad system, is if their are grade crossings over roadways?

John

[thirdrail1]

Railroad transportation is covered by 49 CFR Sections 100-1200. I do not recall the 49 USC numbers but they are between 10100 and 11900. However, I can give you a brief rundown. A railroad is NOT subject to rate or franchise regulation by the Surface Transportation Board unless it is currently a common carrier rail line or it proposes to offer INTERSTATE freight or passenger transportation services to the general public (more than one unaffiliated shipper is considered the general public). A railroad is NOT subject to the safety and similar regulations of the Federal Railroad Administration unless it is "considered part of the general railroad system of the United States" This provision was enacted when several overjealous FRA inspectors tried to cite the railroads in zoos and amusement parks for FRA inspection violations. For the above reasons, tourist railroads and museums generally do not come under FRA or STB regulation. A few do, as they do offer carload interchange freight service.

[johngraser]

Where can I get information on Government regulation and restrictions for private railroads.
Looking for information if used for Personal/Public and Frieght/Passenger use.

John