2021 US Code
Title 49 - Transportation
Subtitle V - Rail Programs
Part E - Miscellaneous
Chapter 281 - Law Enforcement
Sec. 28102 - Limit on certain accident or incident liability

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Citation 49 U.S.C. § 28102 (2021)
Section Name §28102. Limit on certain accident or incident liability
Section Text

(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.

Source Credit

(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.)

Editorial Notes
Historical and Revision Notes
Revised SectionSource (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.


EDITORIAL NOTES AMENDMENTS

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

Publication Title United States Code, 2018 Edition, Supplement 3, Title 49 - TRANSPORTATION
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART E - MISCELLANEOUS
CHAPTER 281 - LAW ENFORCEMENT
Sec. 28102 - Limit on certain accident or incident liability
Contains section 28102
Date 2021
Laws In Effect As Of Date January 3, 2022
Positive Law Yes
Disposition standard
Statutes at Large References 84 Stat. 1327
104 Stat. 295
108 Stat. 940, 4616
Public Law References Public Law 91-518, Public Law 101-322, Public Law 103-272, Public Law 103-440
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