Decision No. 315-R-2012

August 9, 2012

APPLICATION by Maine Central Railroad Company and Springfield Terminal Railway Company, pursuant to section 94 of the Canada Transportation Act, S.C., 1996, c. 10, as amended.

File No.: 
R8005/M3

Maine Central Railroad Company (Maine Central) and Springfield Terminal Railway Company (Springfield) applied to the Canadian Transportation Agency (Agency) for a cancellation of Certificate of Fitness No. 97025.

Pursuant to Certificate of Fitness No. 97025, Springfield is authorized to operate, by virtue of a lease agreement, over the railway line of Maine Central between St. Stephen, New Brunswick, Canada, and the state of Maine, in the United States of America (the railway line).

Maine Central sold the railway line to Woodland Rail, LLC, which has contracted with Eastern Maine Railway Company to non-exclusively operate and maintain the railway line. As a result, the railway line is no longer operated by Springfield.

Maine Central and Springfield advised the Agency that their liability insurance coverage was cancelled and requested the cancellation of their certificate of fitness.

Subsection 94(1) of the CTA provides that the holder of a certificate of fitness shall notify the Agency in writing without delay if (a) the liability insurance coverage is cancelled or altered so that it may no longer be adequate; or (b) the construction or operation has changed so that the liability insurance may no longer be adequate.

Subsection 94(2) of the CTA states that the Agency may suspend or cancel the certificate if it determines that the liability insurance coverage is no longer adequate.

Based on the above, the Agency finds that Maine Central and Springfield’s liability insurance coverage is no longer adequate.

The Agency therefore cancels Certificate of Fitness No. 97025.

Member(s)

Geoffrey C. Hare
Raymon J. Kaduck
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