Re: SMART vs NCRA/NWP
Author: Kim
Date: 10-23-2016 - 14:53
One of the interesting questions is whether SMART can refuse track warrants for any cars that it believes might violate the operating agreement. SMART has control of the dispatching on the Lombard line. But it could be the case that they cannot use the dispatching as a way of preventing violations of the operating agreement. For example with these LPG cars, SMART clearly is saying that NWP is in violation of the operating agreement in keeping them at Schellville. But SMART also seems to be saying that if these cars were bound for an online customer they would not stop them, would not be able to stop them, even for "public safety" reasons, which is the reason they are giving publicly for desiring the removable of the cars in Schellville.
Even if the NWP turns out to not be allowed, under the operating agreement, to store LPG cars at Schellville, SMART not be allowed to remedy this by refusing to issue track warrants. They might have to find some other way to require removal of the cars.
That is one of the interesting questions to me.