The key foundational elements of the recommendation related to roles and responsibilities of a commercial system are adequate information and powers of the agency to be able to investigate and act on its accord to examine systemic issues within the transportation system.
Today the CTA is entirely reactive to a complaint. We think a legislative regulatory body should be able to investigate, and then dispute resolution mechanisms are really the key element. If we put in place dispute resolution mechanisms that function appropriately, then we encourage commercial solutions. Service level agreements between railways and shippers are a means by which regulation can encourage the commercial outcome. They include things like reciprocal financial consequences. If a railway has a right to charge demurrage, a shipper should have the right to charge for their failure.
The term “reciprocity” is used in our report, and that has to be interpreted very clearly as reciprocal rights to solve the imbalance in power through commercial contracts. I think that's the point of not over-regulating. I've used the term very clearly in our consultations. Be careful: over-regulation can, in fact, cripple the system and make us very inefficient.