- 17. Design
- 18. Technology
- 19. Filing Requirements
- 20. Exclusions
- 21. Exceptions
Part III – Other Requirements
17. Design
17.1 Every new freight car shall be designed and constructed in accordance with the “Association of American Railroads Manual of Standards and Recommended Practices”, or to an equivalent standard to provide for safe operation.
17.2 Every new freight car built after January 1, 2015 shall be designed and constructed with safety appliances in compliance with the latest edition of AAR Safety Standard S-2044 “Safety Appliance Requirements for Freight Cars” of the Manual of Standards and Recommended Practices. Cars built prior to January 1, 2015 shall be designed and constructed with safety appliances in compliance with General Order No. 0-10, “Regulations Respecting Railway Safety Appliance Standards”.
18. Technology
18.1 A railway company may operate freight cars with advanced technological improvements provided that the testing and operating procedures have been filed with the Department, sixty (60) days, prior to testing or placing in service and the results of the railways risk assessment is provided with the submission.
18.2 If a railway company wishes to use alternate methods in place of specific requirements in this rule, to perform all or part of safety inspection and or a pre-departure inspection, it shall engage in early consultation with Transport Canada to review the new methods being contemplated.The railway company will file an alternative practice with the department.Such filing must demonstrate that it meets or exceeds the equivalent level of safety to the rule and include a risk assessment as well as evidence of consultation with relevant associations or organizations. Filings must be made at least 60 days prior to implementation.
19. Filing Requirements
19.1 A railway company shall file with the Department:
- training procedures and amendments as outlined in subsection 6.3 of these Rules;
- safety inspection locations as outlined in subsection 4.2 of these Rules. The railway company shall file any changes to the list of safety inspection locations to the Department sixty (60) days prior to implementing such changes;
- railway schedules to comply with the requirements of subsection 4.2 and 5.1, of these Rules. Any changes to the railway schedules shall be filed by the railway company with the Department within thirty (30) days of implementation;
- advanced technological improvements as outlined in section 18, of these Rules;
- captive service operations as outlined in subsection 21.2(b) of these Rules.
20. Exclusions
20.1 These Rules do not apply to the following:
- freight cars operated solely on a track inside an industrial or other non- railway installation;
- cars that are destined for:
- export to another country; or
- use inside an industrial or other non-railway installation; provided that the railway ensures safe movement of the cars.
21. Exceptions
21.1 Except for Part II of these Rules and General Order No. 0-10, “Regulations Respecting Railway Safety Appliance Standards”, or the latest edition of AAR Safety Standard S-2044 “Safety Appliance Requirements for Freight Cars” of the Manual of Standards and Recommended Practices, these Rules do not apply to railway company service equipment cars, including those that are self-propelled, where not moving as part of a revenue train, provided “RSE” (railway service equipment) is stenciled or otherwise displayed on each side of each car in clearly legible letters.
21.2 Subsection 4.2 of these Rules does not apply to freight cars used exclusively in captive service if a railway company:
- establishes appropriate safety inspection criteria and restrictions for freight cars used exclusively in captive service; and
- files railway schedules with the Department that specify the locations of captive service, the round trip mileage, the type of equipment operated, along with the applicable inspection criteria and any restrictions imposed on operation of such equipment, 60 days prior to operation.