Competitive Rail Access as per Estey. Enhanced FOA on rates, service and railway contract conditions. Deletion of the section of the CTA that empowers railways to unilaterally set tariffs that legally bind shippers. Currently, railways unilaterally establish the terms and conditions of rate and service tariffs. These then become legally binding on the shipper.
Railways simply establish a tariff whenever they are unsatisfied with grain company performance.
No per car rates or variable rates by commodity. To ensure accountability is passed through the contract chain, Railway non-performance penalties must reflect the economic impact borne by the shipper from railway non performance. This should include vessel demurrage, vessel dead freight, contract default claims and other costs that arise from the buyer for which a shipper is liable. Interswitching limits to be extended.