What Is required for a complaint to succeed?

In reaching a decision, the Agency is likely to consider the following questions:

• What transportation alternatives does the person making the complaint have?
• What costs are associated with these alternatives?
• What costs will the railway incur if ordered to provide service?
• What service has been provided in the recent past?
• How does that differ from what the Agency is being asked to order?
• How does it differ from what the railway company is providing now?

It is sometimes difficult for shippers to obtain reliable information in all of these areas, and this represents a hurdle for anyone making a level of service complaint.

While successful complaints are often based on evidence that a railway company has discriminated against the complainant, shippers should not be discouraged from making a complaint simply because they do not have access to reliable statistics regarding rail service provided to others. It may be sufficient to show that the service being provided to the complainant falls consistently and significantly short of what is required.

Although the CTA no longer requires the shipper to demonstrate that it will suffer “substantial commercial harm” if the Agency does not grant an order requiring the railway to take specific steps to improve service, evidence showing the detrimental effect of inadequate rail service on the shipper’s business will be important. This could include records which demonstrate:

• the higher cost of using alternate transportation services, if they are available;
• other expenses or losses incurred as a result of unreliable service, for example, lost cash flow and its impact on the shipper’s overall operation;
• any contracts or opportunities that have been cancelled or missed as a result of inadequate service;
• plant slowdown or shutdown;
• inability to supply new or emerging markets;
• cancelled sales orders or contracts;
• complaints from customers.