Marginal note:Application to interswitch traffic between connecting lines
127. (1) If a railway line of one railway company connects with a railway line of another railway company, an application for an interswitching order may be made to the Agency by either company, by a municipal government or by any other interested person.
(2) The Agency may order the railway companies to provide reasonable facilities for the convenient interswitching of traffic in both directions at an interchange between the lines of either railway and those of other railway companies connecting with them.
Marginal note:Interswitching limits
(3) If the point of origin or destination of a continuous movement of traffic is within a radius of 30 km, or a prescribed greater distance, of an interchange, a railway company shall not transfer the traffic at the interchange except in accordance with the regulations.
Marginal note:Extension of interswitching limits
(4) On the application of a person referred to in subsection (1), the Agency may deem a point of origin or destination of a movement of traffic in any particular case to be within 30 km, or a prescribed greater distance, of an interchange, if the Agency is of the opinion that, in the circumstances, the point of origin or destination is reasonably close to the interchange.
128. (1) The Agency may make regulations
(a) prescribing terms and conditions governing the interswitching of traffic, other than terms and conditions relating to safety;
(b) determining the rate per car to be charged for interswitching traffic, or prescribing the manner of determining that rate, including the adjustments to be made to that rate as a result of changes in costs, and establishing distance zones for those purposes; and
(c) prescribing, for the purposes of subsections 127(3) and (4), a greater distance than 30 km from an interchange.
Marginal note:Cost savings to be considered
(2) In determining an interswitching rate, the Agency shall take into consideration any reduction in costs that, in the opinion of the Agency, results from moving a greater number of cars or from transferring several cars at the same time.
Marginal note:Limit on rate
(3) In determining an interswitching rate, the Agency shall consider the average variable costs of all movements of traffic that are subject to the rate and the rate must not be less than the variable costs of moving the traffic, as determined by the Agency.
Marginal note:Transfer of lines does not affect entitlement
(4) For greater certainty, the transfer of a railway line, or an operating interest in it, under Division V or section 158 of the National Transportation Act, 1987 does not affect any entitlement to an interswitching rate.
Marginal note:Review of interswitching regulations
(5) The Agency shall review the regulations when the circumstances warrant and at least once in every five year period after the regulations are made.
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