Private Track [Transportation] Law and Legal Definition

According to 49 CFR 171.8 [Title 49 – Transportation; Subtitle B -- Other Regulations Relating to Transportation; Chapter I -- Pipeline and Hazardous Materials Safety Administration, Department of Transportation; Subchapter C -- Hazardous Materials Regulations; Part 171 -- General Information, Regulations, and Definitions; Subpart A -- Applicability, General Requirements, and North American Shipments], private track or Private siding means: “(i) Track located outside of a carrier's right-of-way, yard, or terminals where the carrier does not own the rails, ties, roadbed, or right-of-way, or

(ii) Track leased by a railroad to a lessee, where the lease provides for, and actual practice entails, exclusive use of that trackage by the lessee and/or a general system railroad for purpose of moving only cars shipped to or by the lessee, and where the lessor otherwise exercises no control over or responsibility for the trackage or the cars on the trackage.”