A secondary track is a railway line that forks off from the main track of a railway. It is different from a siding, a section of track parallel to the main track and used to park cars or pass trains on the same track. On the other hand, a sidetrack “goes somewhere”. Sidetracks typically take place on private land, allowing companies that send and receive shipments by rail to make freight directly on their land and not in a depot. The sidetrack agreement is an agreement between a landowner and a railway company that adds specific exclusions to the coverage of liability insurance. The “Sidetrack” refers to a vast expanse of railway tracks that run through the land owner`s country. Liability insurance protects a company`s assets, such as.B. of a railway company, by paying insurance fees and legal fees. The provisions of a secondary track agreement limit the liability of the railway company.

Sidetrack agreements are concluded when the design of a railway system concerns private property. The representatives of the railway company will contact the owner of the land to ask for permission to build a secondary track on their land in return for financial compensation. The contractual liability regime included in civil liability insurance protects the insured against certain debts contracted in a contract with indemnification provisions. For example, a landscaping company mandated by the landowner signs a contract in which it agrees to “keep the owner of the land and the railway company unharmed” for injuries that occur on the construction site. However, the insurance policy of the landscape company contains contractual provisions on liability that exclude these commitments for the insured and that cancel the “damage management agreement”. The police restore liability to the owner of the land and the railway company, as would be the case if no contract with the landscaping company were concluded. An ancillary provision invalidates the contractual liability clause and reinforces the “no damages” provision. Under a secondary track agreement, a landowner agrees not to sue the railway company for accidents, bodily injury or property damage related to the secondary track.

The secondary track, also called “Sporn”, placed on private land, can be an access road or a transfer used by the railway company. A private landowner may receive financial compensation in exchange for the use of his country. Local governments conclude ancillary agreements to provide the necessary rail services to cities and municipalities. . . .