If the Agency determines that a railway is not providing adequate service, it can order the railway to allot, distribute and use cars, locomotives and other equipment in the manner it directs and to take any other steps the Agency may determine appropriate. In some cases, the Agency has required the railway to provide periodic reports to the Agency to allow it to monitor the service being provided to the successful complainant.

The Agency also has the power to order the railway to acquire whatever property may be needed to provide proper service, such as additional cars or locomotives. The Agency will take into account not only the financial impact that such relief would have on the railway company but all relevant considerations, including the impact of inadequate service on affected shippers and whether they have effective access to transportation alternatives.

The Agency has no authority to award damages for losses suffered as a result of inadequate rail service. However, if the Agency determines that a railway company has failed to provide adequate service, the shipper may rely on this determination to commence a law suit for losses resulting from the service failure.