We will look at the various obstacles to modernizing the law regarding shipping and the legal aspects of shipping by rail.
Current Regulations
The present approach to controlling the risk of rail accidents to freight continues to reflect 19th-century thinking regarding the legal implications of shipping by rail. This approach makes the integration of new technology for safety and performance within the regulatory system quite difficult and hinders the advancement of safety and efficiency, as well as the legal aspects of transportation by rail. Creating a regulatory environment in which the applicable rules can easily accept new technologies is crucial for modernizing the legal aspects of railroad shipping. In other words, it is essential for a stable system to hold railroads responsible to ensure the safety of their duties and allow railroads to adapt to the latest technologies swiftly and encourage them to do so.
Even after the passage of Staggers Rail Act of 1980, loosening regulation somewhat and giving railroads greater control to regulate business practices and legal aspects of shipping using rail, some issues continued to be subject to regulation by the Interstate Commerce Commission (ICC) to prohibit predatory pricing and to ensure that there is no any concentration of market share. The intent was to protect shipping companies that had no the competition of their shipping choices. In 1995, however, the ICC was removed and it was replaced by the Surface Transportation Board took its place. It is smaller and has less authority. The Surface Transportation Board has had no competitors since and there is no defense against the excessively high costs. At present, four rail freight companies manage all US rail traffic, enforced by regional Monopolies. Monopoly power is a major factor in the rise of US goods prices, giving foreign producers an advantage on our marketplaces.
Congress is at present examining measures to establish a efficient and fair shipping market through rail. The bill is primarily Democratic
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