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OCR for page 53
Content of Shared-Use Access and Operating Agreements 53
· Agreement contents relating to track improvements, additional capacity, and other capital
investments to be accomplished before service startup and in subsequent years as ridership
and the number of planned trips grows.
· Agreements for day-to-day operations (including performance metrics, standards, and
incentives and penalties) and any time-of-day operational restrictions to be observed by host
or tenant.
· Agreement on sharing of capital and O&M costs.
Section 4.5 summarizes the provisions in passenger rail agreements concerned with managing
change over time as demand for passenger and freight rail service evolves, and as funding for pas-
senger rail capital and operations expenses varies.
4.2 Types of Agreements Needed to Implement
Passenger Rail Service
This section discusses the various agreements between participating parties involved in
providing a passenger rail service. The discussion assumes that the proposed service is a new
initiative for the passenger rail agency and host railroad and will operate over a route where
there is no existing service of the same type. In many cases, this assumption will not be true--
existing arrangements may be in place that can be modified or adapted for the new service.
However, the completely new service on a new route is likely to be the most complex situa-
tion for an agency to process.
Figure 4-1 illustrates the different hosttenant pairings that can exist, each of which will
require an agreement between the parties spelling out rights and responsibilities. Tables 4-1
and 4-2 expand on Figure 4-1 to identify all agreements that a sponsoring passenger rail
agency must ensure are in place for a specific passenger rail service, including agreements
with host passenger or freight railroads, Amtrak, and other providers of passenger rail O&M
services. If an individual service travels over rail territory owned by more than one railroad,
then a set of agreements specific to each host railroad will be required. The diversity of pos-
sible relationships, combined with large variations in passenger and freight traffic levels,
means that almost every shared-use situation is unique, and agreements must be negotiated
for each particular set of circumstances.
Passenger Rail
Services
(all types)
Amtrak
Commuter
Intercity
State- & Local-
Amtrak-Owned Amtrak-Owned
Freight Railroad Owned ROW, Freight Railroad State-Owned
ROW--Amtrak ROW, Freight,
Host, Passenger Commuter Host, Host, Amtrak ROW, Amtrak,
Host, Commuter, Commuter
Tenant Freight and/or Tenant Freight Tenants
Freight Tenants Tenants
Amtrak Tenants
Figure 4-1. Passenger rail hosttenant relationships.
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54 Guidebook for Implementing Passenger Rail Service on Shared Passenger and Freight Corridors
Table 4-1. Types of Amtrak intercity rail service agreements.
Right-of-Way Agreements with
Owner (Host) Freight Railroad Amtrak Agreements Agreements with Other Parties
Freight Amtrak contracts with With PRA for all O&M services PRA cannot contract with other
Railroad freight railroad for access to for a defined service and fare parties for passenger railroad
corridor, dispatching and structure. operations over freight track
infrastructure maintenance, With Amtrak concurrence, using Amtrak access rights.
relying on Amtrak rights PRA may provide equipment PRA may contract separately
and operating agreements. or pay for rehabilitation of out- for equipment maintenance
PRA1 may contract directly of-service cars. (rare) or "amenity" services,
with freight railroad for Amtrak and PRA may need e.g., on-board food service,
capital improvements for FRA safety approval for and station services.
capacity and performance, aspects of proposed service,
and added ROW e.g. to use non-FRA-compliant
maintenance contributions. cars or locomotives.
The infrastructure owner
(freight railroad) would apply
to the FRA for approval of
PTC plans and installations for
passenger service.
Amtrak Amtrak usually has With PRA for all O&M As above, except that
agreements with freight RR services, including ROW theoretically a PRA could
to permit access for freight access. choose to contract for an
service on its territory (e.g., With Amtrak concurrence, intercity service independently,
on NEC). PRA not usually PRA may provide equipment but then could not rely on
involved. or pay for rehabilitation of out- Amtrak rights for freight
of-service cars. railroad access.
State and PRA have access Amtrak can exercise statutory As above.
Local Agency agreement with freight right of access for existing
railroad for freight service services. PRA will normally
over state or locally owned contract with Amtrak for O&M
track for state-supported services.
1
State, regional, or local passenger rail agency.
In almost all of these different arrangements, the passenger rail agency provides the
glue that holds everything together but rarely takes direct responsibility for O&M of a rail
service.
The contractual relationships needed to provide a specific passenger rail service are a function
of a number of factors that together determine which of the different contract arrangements sum-
marized in Tables 4-1 and 4-2 apply. The overriding factor is whether the service will be an Amtrak
intercity service or a commuter service.
For commuter service, the factors that will help define the general contractual approach are:
· Whether the commuter rail agency intends to set up an operating entity itself, or plans to
contract with a service provider to operate and maintain the service. O&M services will
include track and infrastructure maintenance if operating over track owned or leased by
the agency. The O&M contractor could be Amtrak, the freight railroad, or an independent
commercial firm.
· Whether the commuter rail agency must invest in infrastructure upgrades to increase capacity,
track quality, or signal system capabilities to support the desired passenger service frequency,
journey times, schedules, and OTP.
· Whether the commuter rail agency is considering contracting with the host freight railroad for
services other than access, infrastructure maintenance, and dispatching.
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Content of Shared-Use Access and Operating Agreements 55
Table 4-2. Types of commuter rail service agreements.
Right-of-Way Agreements with
Owner (Host) Freight Railroad Amtrak Agreements Agreements with Other Parties
Freight Contract with CRA1 for O&M services if CRA selects CRA may contract for train
Railroad access, dispatching, and Amtrak as the contract crew, on-board services, and
ROW inspection and operator. equipment inspection and
maintenance. Amtrak would not be involved maintenance with a single or
CRA may contract with in developing agreements multiple commercial firms.
freight railroad for train between a CRA and a host CRA normally contracts with a
crew and other O&M freight railroad, even if Amtrak car builder for provision of
services if both parties so is the selected contract equipment (cars and
desire. operator. locomotives) for the proposed
service. In some cases,
contract includes ongoing
equipment maintenance
services.
Amtrak Amtrak may have CRA must contract with Amtrak would not be involved
agreements with freight Amtrak for access and in agreements with other
railroad to permit access for infrastructure maintenance. parties, unless Amtrak
freight service on its CRA may select Amtrak for subcontracts selected O&M
territory (e.g., on NEC). train operations and/or services to other parties.
CRA not usually involved, equipment maintenance CRA normally contracts with a
but could affect capacity. services. car builder for provision of
equipment (cars and
locomotives) for the proposed
service. In some cases,
contract includes ongoing
equipment maintenance
services.
State and Agreement between CRA CRA may select Amtrak to be CRAs frequently contract for
Local Agency and freight railroad to O&M contractor, or contractor O&M services with commercial
permit access for freight for selected O&M services by firms (i.e., other than Amtrak
service in state- and local- mutual agreement. or a host freight railroad) for all
owner territory. O&M services, including track
CRA may contract with maintenance. A single
freight railroad for selected "bundled" contract may be
O&M services if both used or separate contracts
parties so desire. with different parties for each
service.
1
State, regional, or local commuter rail agency.
· If contracting for O&M, whether to bundle all services in a single contract or to contract sep-
arately for each kind of service (e.g., train operations, equipment maintenance, and track
maintenance).
For intercity service, the factors that will help define the general contractual approach are:
· Whether the passenger rail agency must invest in infrastructure upgrades to increase capacity,
track quality, or signal system capabilities to support the desired passenger service frequency,
journey times, schedules, and OTP.
· Whether the passenger rail agency expects or is able to rely on Amtrak to supply equipment for
the service or must purchase or lease passenger cars independently.
Once the passenger rail agency has selected a general approach to the provision of the service
within the constraints applicable to the type of service and host railroad, the agency can move for-
ward with developing the specific agreements. The following paragraphs provide an introduction
to the principal relationships, concentrating on those where a freight railroad will host a proposed
passenger service.
