Guidebook for Implementing Passenger Rail Service on Shared Passenger and Freight Corridors (2010) / Chapter Skim
Currently Skimming:
Appendix B - U.S. Railroad Legal and Institutional Arrangements
Appendix B - U.S. Railroad Legal and Institutional Arrangements
Pages 109-126
The Chapter Skim interface presents what we've algorithmically identified as the most significant single chunk of text within every page in the chapter.
Select key terms on the right to highlight them within pages of the chapter.
From page 109... ...
Contents B.1 Introduction B-2 B.2 Amtrak Powers and Duties B-2 B.2.1 Right of Access B-3 B.2.2 The Surface Transportation Board View on Allocation of Costs and Liability as Decided for the Boston to Portland Downeaster Service B-4 B.2.3 Prevention of Facility Downgrading B-6 B.2.4 Power of Eminent Domain B-7 B.2.5 Limitation on Tort Liability B-8 B.2.6 Additional Significant Rights B-8 B.2.7 Enforcement of the Amtrak Statute B-8 B.2.8 Additional Surface Transportation Board Powers B-9 B.2.9 Summary B-9 B.3 Differences between Commuter and Intercity Service B-10 B.4 Injured Worker Compensation B-12 B.5 Labor Relations in the Railroad Industry B-12 B.6 Railroad Retirement Benefits B-13 B.7 Railroad Safety Laws and Regulations B-14 B.8 Role of the Surface Transportation Board B-15 B.9 Effect of Passenger-Related Investment on Freight Railroad Taxes and Financial Performance Measures B-16 B.10 Federal Transit Administration New Starts Grant Process B-17 B.11 1990 Americans with Disabilities Act and Level-Boarding Requirements B-17 B-1 A P P E N D I X B U.S. Railroad Legal and Institutional Arrangements
|
From page 110... ...
• Effects of passenger-related investment on freight railroad finances and taxes. B.2 Amtrak Powers and Duties During the late 1960s, intercity rail passenger service in the United States reached the lowest level of the past century.
|
From page 111... ...
. Section 24308 specifies that intercity and commuter rail passenger transportation provided by or for Amtrak has preference over freight trains in using any rail line, junction, or crossing except in case of emergency or certain findings by the Secretary of Transportation.
|
From page 112... ...
desired to reestablish rail passenger service between Boston, Massachusetts and Portland, Maine. Guilford Rail System, owners of the railroad facilities in New Hampshire and Maine, resisted, and Amtrak then applied to the STB for an order to compel the use and fix the compensation.
|
From page 113... ...
Because the record did not suggest a methodology to calculate such costs, the STB left this to future negotiations. Future Incremental Costs Guilford asked that provision be made for future costs, such as freight service expenses, caused by a passenger train breakdown and costs to enhance facilities that would not be needed in the absence of passenger service.
|
From page 114... ...
§24309. B-6 Guidebook for Implementing Passenger Rail Service on Shared Passenger and Freight Corridors
|
From page 115... ...
The statute requires that such property interest be "necessary for intercity rail passenger transportation." It mandates that the requested conveyance be ordered no later than 120 days after filing unless the STB finds that: (1) the conveyance would impair significantly the ability of the carrier to carry out its common carrier obligations [i.e., impair its freight service]
|
From page 116... ...
a freight railroad for alleged failure to comply with the law (e.g., for giving freight trains preference over Amtrak's passenger trains)
|
From page 117... ...
Because there was no reported opinion, the matter must have been decided out of court. B.2.8 Additional Surface Transportation Board Powers The Passenger Rail Investment and Improvement Act of 2008, enacted in October 2008, has given the STB an additional responsibility to monitor Amtrak OTP.
|
From page 118... ...
Although the statute appears to permit use of Amtrak's rights for commuter rail operations, such power, if it exists, has not been exercised to any great extent. In the event of dispute, allocations of costs and responsibilities between Amtrak and a freight railroad generally would be in accordance with the Guilford decision regarding intercity rail passenger service between Boston, Massachusetts and Portland, Maine.
|
From page 119... ...
. Subsequently, the ICC's recommendations were confirmed by the district court, thereby ending the judicial inquiry into the matter (Matter of Penn Central Transportation Company, Debtor, In re Discontinuance of Intercity Passenger Service, 370 F
|
From page 120... ...
, Amtrak, and others have made efforts to amend, repeal, or exempt certain entities, such as commuter railroads and Amtrak, from FELA. The freight railroads and the Association of American Railroads (AAR)
|
From page 121... ...
Although the RLA's provisions are cumbersome, for the most part they have succeeded in maintaining a stable labor situation, especially for commuter railroads. B.6 Railroad Retirement Benefits Retirement benefits for railroad employees are governed by the Railroad Retirement Act (RRA)
|
From page 122... ...
, and are almost universally applied. B-14 Guidebook for Implementing Passenger Rail Service on Shared Passenger and Freight Corridors
|
From page 123... ...
However, PRIIA of October 2008 gave the STB an important power to assist with the arbitration of disputes between a freight railroad and a commuter rail agency, and also further responsibilities concerning Amtrak cost accounting and enforcing OTP: • The STB may conduct non-binding arbitration between a rail carrier and a commuter rail or transit authority if the parties are unable to reach agreement for the access and use of freight railroad track for commuter operations or the acquisition of an interest in the carrier's ROW.
|
From page 124... ...
B.9 Effect of Passenger-Related Investment on Freight Railroad Taxes and Financial Performance Measures This section discusses two technical financial issues that have sometimes arisen when a public authority is making an investment in a freight railroads infrastructure to accommodate passenger service. More general questions of whether a host freight railroad should contribute to the capital investment in recognition of benefits that the freight railroad will receive from the investment (such as reduced maintenance cost or quicker trip times)
|
From page 125... ...
The process used by the FTA to review and accept applications for grants is quite complex and affects how a commuter rail agency must conduct access negotiations with a freight railroad. Some commuter agencies have commented that the FTA's program requires that an agreement with the rail carrier be in place before the funding application can move forward.
|
From page 126... ...
B-18 Guidebook for Implementing Passenger Rail Service on Shared Passenger and Freight Corridors
|
Key Terms
This material may be derived from roughly machine-read images, and so is provided only to facilitate research.
More
information on Chapter Skim is available.