Rail transportation safety recommendation R92-07

Stand Alone

The Department of Transport coordinate the necessary protocols with the AAR and Canadian railways to effect cost recovery by carrying railways which take corrective action to replace components which exceed specified condemning limits for combination truck component wear on leased cars in service.

Rail transportation safety investigation report
Date the recommendation was issued
Date of the latest response
February 2011
Date of the latest assessment
December 2010
Rating of the latest response
Fully Satisfactory
File status
Closed

Summary of the occurrence

On 18 March 1992, following a number of derailments where truck component wear was a contributing factor, the Board determined that the derailments occurred to leased tank cars which had truck component wear on interrelated components which. Individually, these were not worn to the specified condemning limit, but collectively, the combinations of wear reduced the suspension damping of the trucks. The application of existing protocols for cost recovery, specifically, the Association of American Railroads (AAR) Rules governing inspection and repair of worn railcar truck components, were not prompting the carrying railways to initiate repairs to leased tank cars. Therefore, the Board recommended that:

The Department of Transport coordinate the necessary protocols with the AAR and Canadian railways to effect cost recovery by carrying railways which take corrective action to replace components which exceed specified condemning limits for combination truck component wear on leased cars in service.

Transportation Safety Recommendation R92-07

Rationale for the recommendation

A response from the Minister was received, which stated that "cost recovery is the responsibility of the railway industry and is not a factor related to safe railway operation".

Previous responses and assessments

August 1992: Board Assessment of the Response to Recommendation R92-07 (Unsatisfactory)

Transport Canada does not recognize that the absence of compensation for running repairs to leased cars has safety implication. In consideration that Transport Canada has rejected the safety deficiency, the response to Recommendation R92-07 is assessed as "Unsatisfactory".

Latest response and assessment

December 2010: Additional Information in Response to Recommendation R92-07

In the Field Manual of the AAR Interchange Rules, under Rule 1 - Care of Freight Cars and Section 2 Repairs to Foreign Cars, Item a(6) has been added. This enables cost recovery by carrying railways which take corrective action to replace components that exceed specified condemning limits for combination truck component wear on leased cars in service.
(see Appendix A: Field Manual of the AAR Interchange Rules [Rule 1- 2. a.(6) ]).

February 2011: Board Reassessment of Response to Recommendation R92-07 (Fully Satisfactory)

In consideration that the industry has addressed the deficiency with a cost recovery rule, which has been added to facilitate cost recovery for running repairs to leased cars by the carrying railway, the Board reassesses the response to Recommendation R92-07 as being "Fully Satisfactory".

File status

The TSB will monitor TC’s progress on its planned actions.

This deficiency file is Closed.