WASHINGTON — U. S. Sen. Dick Durbin (D-Ill.), has introduced legislation that would permit Amtrak to “sue freight railroads to enforce its statutory preference,” according to a press release. Durbin is a longtime critic of Canadian National’s handling of Amtrak’s Chicago-Carbondale, Ill., Illini and Saluki trains.
Details of what metrics would be utilized to facilitate a cause of action by Amtrak against host railroads under Durbin’s “Rail Passenger Fairness Act” weren’t immediately available. The conflicting viewpoints are at the center of contentious negotiations between Amtrak and CN over delays and compensation being adjudicated by the Surface Transportation Board [see “STB urges mediation in Amtrak-CN contract renewal dispute,” Trains News Wire, Aug. 13, 2019].
In its ruling, the agency endorsed an all-station on-time performance measure and judged an 80% compliance standard is within its authority to require, but only urged the parties to continue mediation efforts.
With some elements of the Passenger Rail Investment and Improvement Act ruled unconstitutional, the only legal remedy Amtrak has in compelling preference is when the U.S. Justice Department sues a host railroad for breaking the law. This occurred only once, in 1979, when Amtrak accused the Southern Pacific of willfully delaying the Sunset Limited west of New Orleans when the passenger able was able to prove the railroad had other options. The SP chose to settle, so there is no legal precedent.
Giving Amtrak the right to sue a host railroad received bipartisan support from lawmakers and witnesses at last week’s U.S. House Rail Subcommittee hearing [see “Amtrak policies challenged at House hearing,” Trains News Wire, Nov. 13], but no host-railroad representatives attended. One of the hearing participants, U.S Rep. Rodney Davis (R-Ill.), is holding a fact-finding meeting to discuss Illini/Saluki delays with Amtrak and CN officials Friday in Champaign, Ill.
In a statement, Durbin says, “By empowering Amtrak to hold the freight railroads accountable when they don’t follow the law, we can improve Amtrak on-time performance and save taxpayer dollars. For too long, we’ve seen on-time performance decline as a result of freight interference. The people of Illinois — and Amtrak riders nationwide — deserve assurance that they can arrive at their destination in a safe and timely manner.”
Amtrak President and CEO Richard Anderson, who has stepped up his company’s public criticism of host railroads in lieu of having a legally-binding enforcement mechanism, thanked Durbin for introducing the bill. In the statement, Anderson is quoted as saying, “Some railroads over which Amtrak operates have ignored the passenger preference law for far too long, delaying our customers by more than 1 million minutes last year.”
The railroad industry is in sorry shape technology withstanding. With this bunch, we would have lost WWII due to poor logistics.
I wish Durbin submitted a bill making dining car service mandatory on all trains that are operating longer than five hours on a route. What has happened east of the Mississippi is pure nonsense and a reason some of us will not take overnight trains.
A window of time should be agreed on by both host and AMTRAK – Then STUCK to by both companies.
Is the Edgewood Cutoff out of service? It was built in the 1920s to divert Chicago-bound freight trains off the Charter Line (the original IC Cairo to Chicago mainline built in the 1850s) to a low grade line from Fulton to Edgewood.
JEFFREY Re: Edgewood Cutoff. Curious why you ask if it’s out of service. Have you heard or seen something?
Seems very unlikely to me.
This is really a monetary issue. Assuming the grandfathered pittance the RRs pay Amtrak to operate on their tracks is the same as it was on May 1, 1971, the RRs have very little incentive to prioritize Amtrak over a much higher revenue generating freight train. In CA the Capitol Corridor Joint Powers Authority realized a long ago that if they paid UP an additional premium to consistently dispatch their trains, and to maintain its tracks for higher speeds for freight to make it more compatible with the passenger trains. The result is that the Capitol Corridor has the highest on time performance of any route in the entire Amtrak system.
Although some RRs deliberately put Amtrak lower in the cue, I believe a carrot and stick approach will frame a better long term working relationship with the RRs, especially if expansion is planned. This bill strengthens the stick. However, the carrot approach needs an upgrade, too.
Mr. Landey: I take it you have never tried to fly through Charlotte or Atlanta from Augusta. Connectors are routinely over booked. One month ago, my Charlotte to Augusta flight could not find a crew or plane. 7 times I got notices of changes. Finally left two hours late. And NO gate human to talk to. And I paid full fare for this flight. I wish Mr. Durbin felt this passionate for the greater number of airline passengers. And I pay lots of taxes for the privilege to fly. Sorry, but I don’t think his air hoses are connected…..:) Cheers and happy thanksgiving.
ROBERT – The last time I recall being delayed on a flight – more than a minute or two if even that – was a weather delay 25 years ago. The time before that? Don’t even remember. Maybe there wasn’t one.
How does that compare to Amtrak?
I hope that if this bad bill passes it allows Amtrak to sue Metro North for the thousands of Amtrak passengers it delays every day. That will be its only redeeming feature.
If you want to get somewhere safely and reliably then fly.
What role have real estate taxes played in incentivizing railroads to remove double tracking?
So much for the “PSR” the Class 1’s tout to Wall Street. They can’t even get an Amtrak 8 car consist through their system. And they think they can win back trucks?
What a joke!
I think we all know who the biggest offenders are, there are other who do their best to keep all the traffic moving. Was on the Emp Bldr in August westbd we arrived in Seattle early & only a half hr late on the return despite heavy traffic. With the continued drop in freight traffic this may not be an issue for long.
MIKE F. – Yes that was the deal in 1971 but the deal seems to have sunsetted.
RE: Removing the ICRR second main. Has turned the railroad into a parking lot.
Someone said Amtrak doesn’t have the money. Senator Turbin and his.clown posse will find it. They always do.
Yes. The “quid pro quo” was that RR’s bleeding millions on passenger service mandated by the ICC agreed to the deal:.. this new entity (amtrak) has priority and you’re done. Were I running the pointless arrow then and now I would hold collective feet to the fire. Too bad it is another boring corporate game. Makes getting a MBA a badge of shame.
Part of the deal that the railroads accepted in 1971 when Amtrak was created was that they would give passenger trains priority. Few have really done this in practice, ever.
Seems to me this is a no brainer. In the case of the CN route Senator Durbin is talking about, the second main should’ve never been removed in the 90s. It’s a hugely trafficked line with many large freight trains passing daily (I grew up in Champaign, IL and could hear the trains from our house).
I hope this measure is vetoed by President Trump or gets caught in the legislative log jam in Washington.
The really sad thing is that the host railroads don’t seem to particularly care about on-time performance for their freight customers either. With all the routing and dispatching systems they have, surely it should be possible to operate trains at predictable schedules, be they freight or passenger.
The government forced PTC on the railroads, in part to help Amtrak run a safer operation….something I didn’t see the government dolling out much money to help with the costs. Freight trains pay’s the bills….so now, the government wants to fine the railroads for trying to make a buck.Yes, Amtrak pays host railroads for using their rails…maybe when the individual contracts on each host railroad expires, the new norm should be for Amtrak to be told to take a complete hike. Might shake up some political cronies a little bit…
I believe that as common carriers and quasi-monopolies the railroads should be compelled to cooperate with Amtrak. The details, however, become murky. There might be disputes as to what constitutes the schedule and who decides what a fair schedule is..
This act however well intentioned might complicate the process of negotiating contracts between the railroads and Amtrak.
The bottom line is that the best relationship between the carriers and Amtrak would be one based upon mutual benefit. However Amtrak doesn’t have that kind of money. And never will.