Rail. The assigned TSP shall rate each collision and incident as preventable or non-preventable. The TSP’s determination as to whether the collision or incident is preventable or non- preventable shall be subject to review under the procedure set forth in Section 17.2.
Rail. Seller shall load Coal that is to be delivered hereunder into railcars provided by Buyer, or its agent, at the Designated Delivery Point(s) listed on the Confirmation. Requests for any additional rail shipping origin(s) shall be proposed by Seller in writing and shall be subject to Buyer’s written approval. Such approval shall be subject to Buyer’s reasonable discretion. Except when in conflict with provisions of this Agreement or a Confirmation, (in which case, such provisions shall control), the loading at the shipping origin(s) shall be accomplished according to the standard tariff or contract agreements governing such operations between the Buyer and railroad, including but not limited to free time and demurrage charges. Buyer shall not be responsible for any charges assessed at the shipping origin(s) by railroad due to the fault of Seller including, but not limited to, charges for detention, overloading, underloading, or hot Coal (as determined by the railroad). Seller shall not have the right to ship Coal to be delivered under this Agreement or a Confirmation from any rail shipping origin(s) other than the Designated Delivery Point(s) unless Seller shall first have obtained Buyer's written approval of such additional shipping origin. Such written approval shall be subject to Buyer's sole discretion, and upon Seller's agreement to pay any increased transportation cost differential (based on railroad-provided cars) that would be incurred by Buyer (any decreased transportation cost differential shall be to Buyer's benefit) if Shipments were made from such proposed rail shipping origin as compared to the Designated Delivery Point.. Seller shall cause the loadings hereunder to be tendered in unit trainload lot Shipments of not less than ninety (90) railcars each, shall be loaded to a minimum weight equal to ninety-eight percent (98%) of the total of the marked load limit of all the cars in the unit train, and shall be loaded in not more than four (4) hours from the Designated Delivery Point(s); provided, however, that subject to the provisions hereinafter, Seller may tender trainload lot Shipments of less than ninety (90) railcars from a Designated Delivery Point(s) that is otherwise not capable of loading trainload lot Shipments of ninety
Rail. The assigned TSP shall rate each collision and incident as preventable or non-preventable. The TSP’s determination as to whether the collision or incident is preventable or non- preventable shall not be grievable or subject to review through the grievance procedure in Article 22. Definition of Preventable or Non-Preventable 225.227. SFMTA shall classify the collision or incident as preventable or non- preventable by applying the National Safety Council’s Safe Driver Award Program definition in effect on July 1, 2011. The National Safety Council Safe Driver Award Program defines a preventable collision or incident as one that “results in property damage and/or personal injury, regardless of who was injured, what property was damaged, to what extent, or where it occurred, in which the driver in question failed to exercise every reasonable precaution to prevent it.” Definition of Major and Minor Accidents 226.228. Major accidents include, but are not limited to, collisions and incidents involving fatalities, pedestrians, injuries resulting in transport to a hospital, property damage greater than $15,000, and those involving a violation of traffic laws or SFMTA safety rules. 227.229. Minor accidents include, but are not limited to, collisions and incidents involving damage to property of $15,000 or less and minor injuries. Procedure for Minor Accidents Memorandum of Understanding Between Transport Workers Union, Local 250-A (9163) and Municipal Transportation Agency July 1, 20114 – June 30, 20174 228. 1. The assigned TSP will grade the accident as preventable or non- preventable.
Rail. Contractor(s) awarded Group Three shall use recycled railroad rails classified with a nominal weight of 130 lb/yd (pounds per yard) size or greater. Use only visibly straight recycled railroad rails with no splices. The Engineer will verify rail nominal weights (manufacturer’s stamp with lb/yd, date, etc.). Provide certification for nominal weight if the manufacturer’s stamp is unidentifiable.
Rail. Rail shall meet all requirement as stated herein, and be head-xxxxxx control cooled.