Sidetrack Agreements

The provisions of the Agreement include the rights and obligations of each party, including financial liabilities, ownership of sidetrack devices and procedures for terminating the Agreement. The agreement could indicate that the landowner agrees not to obstruct or modify the secondary track or to restrict the railway company`s access. The parties agree to assume overall liability when a breach of contract gives rise to a right. For example, the owner assumes full responsibility if failure to keep the secondary track free of debris causes an accident and injury. Everyone accepts shared responsibility if the situation warrants it. Under a typical secondary line agreement, a landowner agrees to take responsibility for accidents on the secondary line. This includes both claims in kind and assaults. In other words, if a train on the side track hits someone or something, it is the landlord`s insurer, not the railway insurer who is on the hook. Landowner liability insurance should relate to the secondary track agreement if you give details about the landowner`s coverage.

When a railway builds a secondary track on a landowner`s land, the railway and the landowner usually establish a secondary track agreement – a contract that defines each party`s responsibilities for the line. This agreement plays a key role in determining liability in the event of an accident on the secondary line. The sidetrack agreement is in particular a contractual clause that protects the company from any liability in the event of a loss that may occur on the land on which the line is located. The company has, for example, legal immunity in the event of property damage. The contractual liability regime included in civil liability insurance protects the insured against certain debts contracted in a contract with indemnification provisions. For example, a landscaping company mandated by the landowner signs a contract in which it agrees to “keep the owner of the land and the railway company unharmed” for injuries that occur on the construction site. However, the insurance policy of the landscape company contains contractual provisions on liability that exclude these commitments for the insured and that cancel the “damage management agreement”. The police restore liability to the owner of the land and the railway company, as would be the case if no contract with the landscaping company were concluded. An ancillary provision invalidates the contractual liability clause and reinforces the “no damages” provision. A secondary track is a railway line that forks off from the main track of a railway.

It is different from a siding, a section of track parallel to the main track and used to park cars or pass trains on the same track. On the other hand, a sidetrack “goes somewhere”. Sidetracks usually take place on private land, so companies that send and receive shipments by rail can make freight directly on their land and not in a depot.