WASHINGTON — Two Pennsylvania Congressmen on Friday introduced a bill which would allow Amtrak to address freight train interference issues by taking railroads to court over the issue.
The bill, dubbed the “Rail Passenger Fairness Act,” was introduced by U.S. Reps. Chris Deluzio (D-Aspinwall, Pa.) and Brendan Boyle (D-Philadelphia), would allow Amtrak to sue railroads for violations of its statutory right of operating preference, mandated under the 1973 Amtrak Improvement Act.
“I am proud to introduce the Rail Passenger Fairness Act with Rep. Boyle to try and hold these big railroads accountable and help improve passenger rail travel for the American people,” Deluzio, a member of the House Transportation and Infrastructure Committee, said in a press release. “I also want to recognize the late New Jersey Congressman Donald Payne, who previously led this bill and was a passionate champion for passenger rail. We’re proud to be continuing his fight.”
Payne, ranking member of the House Railroad, Pipelines, and Hazardous Materials Subcommittee, died in April [see “U.S. Rep. Donald Payne … dies at 65,” Trains News Wire, April 25, 2024].
“This legislation will provide railway passengers with additional safeguards from unanticipated rail delays and cancellations,” Boyle said. “Strengthening the rights of railway passengers only enhances customer satisfaction and trust in public transport and rail systems.”
Amtrak CEO Stephen Gardner welcomed the legislation, saying in a statement, “Our customers should arrive on time, and freight railroads shouldn’t delay them with their own trains. Proper enforcement of the law is key, and the right tools must be available. We thank Reps. Deluzio and Boyle for introducing this important bill for our customers and their constituents, and we look forward to Congress continuing to discuss this issue and the best ways to ensure Amtrak customers arrive on time.”
Deluzio says the legislation is supported by the International Association of Sheet Metal, Air, Rail and Transportation Workers; the Transportation Workers Union; the Rail Passengers Association; and the Midwest Interstate Rail Passenger Committee.
A link in Deluzio’s press release intended to lead to the full text of the bill currently does not work.
The legislation’s introduction comes as Amtrak’s complaint against Union Pacific regarding delays to the Sunset Limited continues to move forward with the Surface Transportation Board; the passenger carrier says freight train interference accounts for the vast majority of host-railroad delays for that train [see “Amtrak says Union Pacific could address most causes …,” News Wire, Oct. 10, 2024]. The government is also suing Norfolk Southern over delays to Amtrak’s Crescent [see “Justice Department sues Norfolk Southern …,” News Wire, July 30, 2024].
I can see a Constitutional challenge under the Unlawful Takings Clause.
What Amtrak needs to do is acquire its own Right-of-Way, then build, operate, and maintain its own railroad network.
It is less than a month before election day. What an amazing coincidence this bill comes forth now. In another month interest in this bill should slowly fade away.
The railroads need to bring this to a head. They are privately owned corporations and forcing them at gun point to reduced their service to their customers for a bureaucratic socialist run rail passenger system that has cost taxpayers billions is a violation of the rights of the railroads under the constitution. They should counter sue and let it go to the supreme court.
…. and readers consider ME, ME to be the right-winger of the family ….
Seriously, though arguments can be made on BOTH sides. Kenneth Bird brings up valid points (above), but there is a counter-argument. Railroads are private corporations but they’re also regulated monopoly common carriers with a duty to serve the public even at a cost to themselves.
Before I retired, I worked for an annoying customer of Wisconsin Electric, later known as We Energies. Part of my job was arranging for electric service hookups. We had a zillion small loads all over the place, some of them where the utility had to extend a power line to meet us. The utility probably lost a lot of money serving us … but it was their obligation.
I took professional pride in working with the utility – or aniticipating the utility — to minimize its costs. Further than that, I couldn’t go.
Railroads were given extraordinary Federal authority in order for them to complete their network and operate. An authority they still freely use to maintain themselves. They were given extraordinary amounts of public land by the same government, land that was considered part of the common good.
Not unlike airwaves allocated by the FCC to private companies, not unlike airspace allocated by the FAA to private companies, the use of the public asset is to be maintained by the same authority.
Therefore it is within the rights of the same Federal authority to update and modify the rights extended to these private entities as they see fit within the public interest.
These private entities willingly and freely gave up their rights to serve the public interest by providing passenger service, rights they returned back to the people through the Federal government.
The public has the right through it representatives and vote to revoke those services in the public interest at any time.