its all down to lack of inspection, there are standards, but all too often the authorities don't inspect railroads such as this unless they get a complaint .[h=2]What are a railroad’s options regarding FRA-type track defects? [/h] "Railroads are required to comply with class of track by making sure the conditions are acceptable for the speeds they desire to operate. If a track does not meet the intended class, a railroad has three basic options: 1) repair the defect; 2) slow the trains to the next lowest class that meets the threshold of the condition; or 3) remove the track from operation.
it would appear this road falls into category three but I expect its too small to bother with.
and of course in industrial plants inspection procedures are even laxer.
"FRA does not have the manpower or resources to regularly inspect trackage within industrial installations, nor does it currently see the need. However, since the enactment of the Federal Railroad Safety Act of 1970, FRA has had at its disposal statutory authority to issue emergency orders to repair or discontinue use of industrial or plant trackage should the agency find that conditions of the track pose a hazard of death or injury. In other words, if FRA learns that a particular plant is using trackage that is in such disrepair that it poses a threat of death or injury to a plant employee, a railroad employee, or the public at large, FRA will inspect that track. If FRA finds that the allegations are true, the agency may issue an emergency order ordering the plant to discontinue using the track until specified repairs are made. It is FRA’s opinion that this emergency-order authority is sufficient power to ensure track safety within plants. If conditions or events in the future tend to demonstrate that track safety within plants or installations should be more specifically regulated, FRA will seek to change the track safety regulations accordingly."
