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Re: Track Access charges & legal liability




Maurie Daly wrote in message ...
:I was wondering what the legal situation is , if a privately run train
falls
:off the track ,due to the poor condition of the track in a situation
where the
:poor condition of the track has been known to the Railway Body that is
:charging a track access fee for a long time , and the Railway body has
failed
:to fix the track.
:ie what happens if the Overland derails between Geelong & Ararat.

First, they pull the tape, so they say the cause was the driver going
101kmh in a 100kmh section :-)

:It would seem to me , that as the railway is charging a track access
fee for
:the right to run a train over there track , that there is a duty of
care to
:ensure that the track is in a condition suitable for the purpose for
which the
:fee is charged.
:
:Does anyone know what rights or conditions are provided by the payment
of
:track access fees.
:
:MD
:
:--------------------------------------------------
:Maurie Daly
:Department of Communications Lab.
:Canberra
:Australia
:mauried@commslab.gov.au
:ph 6 2791331
:--------------------------------------------------