Hotline #902

In a victory for passengers, the Supreme Court vacated a lower court decision, reinstating metrics and standards for Amtrak service that will protect the rights of train passengers. In doing so, the court agreed with the “Friend of the Court” brief filed by the National Association of Railroad Passengers and the Environmental Policy & Law Center in U.S. Department of Transportation vs. the Association of American Railroads.

"This is a good day for U.S. passenger rail as it means that the metrics and standards under PRIIA 207 are indeed valid,” said ELPC Federal Legislative Director Karen Torrent. “We look to FRA to reinstate all of its activities required under PRIIA 207, including providing on-time performance statistics to the public."

“The Supreme Court's decision leaves the door open for the parties to go back to the lower courts and fight again on other issues. But at NARP, we think there's a better alternative to years of expensive additional litigation: Congress can resolve the metrics and standards issues once and for all as the new reauthorization of PRRIA makes its way through this legislative season, and everyone who cares about rail in this country can work together to build the 21st Century network the U.S. needs to move people, goods and ideas in a 21st Century economy,” said NARP President Jim Mathews.

NARP’s Council will have its annual Day on the Hill in Washington, D.C. on April 21. There, volunteers representing NARP’s 28,000 members will ask the Senate to address the metrics and standards issues in its response to the rail reauthorization bill recently passed by the House (H.R. 749).


The negotiations between the state of Indiana and the Federal Railroad Administration (FRA) have continued to heat up this week. And while progress is being made to extend the train beyond the current April 1 contract expiration, a larger battle between state transportation departments and federal regulators appears to be in the works.

The Indiana Department of Transportation is currently overseeing the Hoosier State’s transition from full operational control by Amtrak, to joint operations agreement with Amtrak and Iowa Pacific Railroad. Under the new arrangement, Amtrak would continue as primary operator—working with host freight railroads, providing train and engine crews, and overseeing reservation and ticketing. Iowa Pacific would step in to provide the train equipment, maintenance, marketing, and on-board amenities such as food & beverage service.

The FRA responded to the plan by ruling that in assuming this oversight, INDOT is the ultimately responsible party and will, as a result, be classified as a railroad. INDOT argues this ruling will bring a whole host of legal obligations, including carrying liability insurance of up to $200 million, hiring staff to ensure compliance, and enrolling employees in the railroad retirement fund.

“INDOT cannot agree to become a railroad or a railroad carrier as that would require a significantly higher commitment of resources, the assumption of additional liability, and uncertainty over employment practices,” stated INDOT Commissioner Karl Browning in a letter written to U.S. DOT Secretary Anthony Foxx. “We are experiencing the same regulatory impediments that the North Carolina Department of Transportation faced in 2008 in its discussions with the FRA. As you may recall, the FRA insisted that NCDOT serve as the railroad carrier. That matter was ultimately resolved when NCDOT contested that FRA determination.” (Secretary Foxx formerly served as Mayor of Charlotte, NC).

The disagreement has captured the attention of members of Indiana’s Congressional delegation, with the state’s elected officials rushing to back INDOT’s stance.

“Amtrak operates the [Hoosier State line], and it has heretofore functioned as the ‘railroad carrier.’ The FRA should allow that relationship to continue as part of a renewed contract,” said Senator Dan Coats (R-IN) in a letter written to the FRA March 11. “The FRA should look to Amtrak for equipment upgrades and regulatory compliance, rather than forcing these obligations onto INDOT. INDOT is not in a position to assume either the additional liability or the regulatory burdens that a designation of ‘railroad carrier’ would impose. I am concerned that, if the FRA does not relent on its determination, INDOT will have no choice but to allow the current contract to expire. I am confident that INDOT would much prefer to improve the HSL rather than terminate the service. Thus, I urge FRA to reconsider its decision and seek a workable solution to this problem with all the parties involved.”

In a sign that other states are concerned the new regulation will have negative impacts beyond Indiana’s borders, Patricia Quinn of the Northern New England Passenger Rail Authority has publicly allied herself with Indiana against the FRA.

“It is a sad day when the federal agency which administers federal funding for Amtrak, and who has played such a critical role in providing grants to states to develop and improve intercity passenger rail services, also is determined to require states and intercity service sponsors who contract with Amtrak to become railroads,” Quinn stated. “We trust that this conflict between federal and state governments can be worked out.”

The FRA, for its part, has been quiet, issuing only a brief statement on March 11: "We continue to offer assistance to the state of Indiana — we want to see this service continue, and we continue to work with the state and local officials to ensure that it can." The formal rulemaking process is scheduled to take place in Summer 2015.

The good news for Hoosiers who depend on the train is that both Indiana and Amtrak have said they’re willing to continue the train beyond April 1. Amtrak’s CEO Joseph Boardman has publicly pledged Amtrak’s service on a short term basis to allow the route to continue.

“The state would consider another short-term extension of the existing (Hoosier State) service if the FRA changed its position,” INDOT spokesman Will Wingfield told Trains News Wire.


An Amtrak train collided with a tractor trailer parked across the tracks in Halifax, North Carolina on March 9, causing a derailment that injured 55 passengers. There have been no reported fatalities.

"There were 212 passengers and eight crew members on board and initial reports are that several passengers have been injured and taken to local medical facilities for treatment,” said Amtrak in a public statement. “At this time, none of the injuries have been reported as life-threatening. Local emergency responders are on the scene and an investigation is ongoing.”

"A preliminary investigation has revealed that the driver of the truck and trailer attempted to negotiate a left turn at the intersection of NC 903 and US 301 which was preceded by a railroad crossing," stated the North Carolina State Highway Patrol. "Due to the trailer’s length, the driver was unable to perform the left turn successfully onto US 301 north. The driver began to reposition the trailer by backing up in order to perform a wider turn. At that moment, the rail road crossing warning equipment was activated indicating an approaching Amtrak train. The driver attempted to pull forward but was subsequently struck by the approaching train. The impact caused the front two train compartments to derail."

The Associated Press is reporting that the truck’s driver, John Devin Black of Claremont, North Carolina, has been cited for over a dozen driving violations and is a convicted felon.

Operation Lifesaver Warns of Larger Trends

Safety group Operation Lifesaver issued a warning to transportation policy makers this week, saying that, while the decades-long trend is towards greater safety, the past year has seen a spike in highway-rail grade crossing deaths and collisions.

“[P]reliminary 2014 Federal Railroad Administration (FRA) statistics showing that U.S. crossing collisions rose 8.8 percent in 2014, to 2,280 from 2,096 in 2013; crossing fatalities increased 15.6 percent to 267 vs. 231 in 2013; and crossing injuries fell 14.4 percent to 832 from 972 in 2013,” warned Operation Lifesaver. “Fatalities caused by persons trespassing on railroad tracks and property surged 21.8 percent in 2014 to 526 (vs. 432 in 2013), while trespass injuries dropped 2.8 percent in 2014 to 419 (vs. 431 in 2013).”


Maine State Senator Stan Gerzofsky (D-Brunswick) has called upon state legislature’s Government Oversight Committee to investigate the Northern New England Passenger Rail Authority, the entity responsible for the operation of the popular Downeaster train service.

Some legislators are labeling the review routine, saying the committee has no agenda in investigating NNEPRA and is just interested in being a good steward of public funds. Maine budgets $2 million per year to help NNEPRA fund the train.

“An occasional review of a division of government is part of our core mission,” said Committee Chair Roger Katz (R-Augusta). “But, in this case there is no hint that anyone has done anything wrong.”

Senator Gerzofsky, however, was more pointed in providing a rationale for the investigation.

“If they can’t run a train on time then maybe it’s time for us to take a closer look at how they are operating their train,” he told reporters. “I see empty trains idling in (downtown) Brunswick all the time. I’m very concerned about that,” he said.

Patricia Quinn, NNEPRA’s executive director, said the reason for the delays is very simple: the record-breaking snowfalls that have been hammering New England's transportation infrastructure this winter.

“Over the course of time it has been horrific,” Quinn told The Press Herald. “But we have been very forthcoming about that. It has been weather related… It became evident this winter why [a new] layover facility [in Brunswick] is necessary. The weather also took its toll on our partners. What goes on in Boston has a very real effect on what is going on here.”

One local passenger advocacy group isn’t happy with the time and money that will be spent on this investigation, praising the work being done by NNEPRA and arguing the resources would be better allocated elsewhere.

“I think it would be a gross waste of taxpayer money,” said Wayne Davis of TrainRiders/Northeast. “The problem with the Downeaster this winter is the same thing that brought Boston to its knees, the weather… It has been a wonderful service and we have one person to thank. It is Patricia Quinn and her management skills.”


The American Public Transportation Association (APTA) announced that U.S. transit ridership has risen to levels not seen in 58-years, despite plummeting gas prices for drivers.

Americans took over 10.8 billion transit trips in 2014. APTA President Michael Melaniphy issued a statement outlining some of the many reasons Americans are getting out of their cars and on board with transit rail:

“Despite the steep decline in gas prices at the end of last year, public transit ridership increased. This shows that once people start riding public transit, they discover that there are additional benefits besides saving money.

“People are changing their travel behavior and want more travel options. In the past people had a binary choice. You either took public transit, most likely a bus, or you drove a car. Now there are multiple options with subways, light rail, streetcars, commuter trains, buses, ferries, cars and shared use vehicles.

“Another reason behind the ridership increases is the economic recovery in certain areas. For example, Atlanta (GA), San Francisco (CA), Minneapolis (MN), Seattle (WA), and Champaign-Urbana (IL) were some cities that saw increased ridership in part because of an improved job market.

“Since nearly 60 percent of the trips taken on public transportation are for work commutes, public transportation ridership increases are seen in areas where the local economy is growing.

“Expanded and improved public transit services also played a role in attracting more riders. For example, the transit agencies in Albany (NY), Denver (CO), Indianapolis (IN), Riverside (CA), and Salt Lake City (UT) saw increased ridership due to greater service.”


As the rail authorization moves to the Senate following the passage of the Passenger Rail Reform & Investment Act of 2015 in the House, some Senators are already vowing to eliminate a proposal that would require Amtrak to study establishing a super-express service on the Northeast Corridor by eliminating intermediate stops between Boston, New York City, and Washington, D.C.

"High-speed rail without stops in Connecticut is a nonstarter. I will strongly and steadfastly oppose any proposal for high-speed rail that uses Connecticut tracks but bypasses Connecticut stations,” said Senator Richard Blumenthal (D-CT). “The New Haven Line is the busiest rail line in America for a reason—Connecticut residents demand and depend on robust rail service. I will work vigorously to stop in its tracks any effort to ignore our state's critical needs, and I look forward to working with my colleagues in the delegation who share my concerns about this issue."

One of the unique strengths of the national rail network is the ability to offer robust connections to a host of intermediate communities, something air service is fundamentally unable to offer. That’s one of the reasons Amtrak service dominates the transportation market along the NEC, capturing over 75% of the total air-rail market. As the bill progresses, NARP will continue to rally its members in defense of this connectivity.


New Jersey Transit (NJ Transit) is warning that commuters could face fare increases of up to 25 percent to in an effort to close an $80 million budget deficit.

The announcement comes just five years after NJ Transit increased fares by 50 percent. However, the agency may find itself in another budget crisis if Governor Chris Christie’s (R) FY2016 budget is enacted. Governor Christie’s budget would reduce transportation funding by 8.6 percent.

“We recognize the 2010 fare adjustment was a serious burden on customers," NJ Transit spokesperson Nancy Snyder told NJ.com. "We would not repeat that level of adjustment, which was required because of years of refusing to make tough choices including retraining costs and adjusting fares to meet needs."

Before turning to fare hikes, the agency says it is in the process of identifying more than $40 million in budget savings and cost reductions.

“[But as] we are developing options for the Governor's consideration to help us close a budget gap, we will be putting everything on the table, including fare and service adjustments,” added Snyder.


Washington Metropolitan Area Transportation Authority’s Metro announced that it has suspended the search for a new executive director while it performs an internal audit of operations and reassesses plans for growth.

Underlying this move is a growing sense that the system has experience poor financial management, with workers failing to submit reimbursement paperwork and grant applications to the federal government, a critical part of meeting the Metro’s infrastructure needs.

“If I had gone to my board and said, ‘I haven’t applied for the federal grants for the last couple of years, but trust me, I’ll borrow the money and we’ll fix it,’ I would not have stayed in that job very long,” Metro Chairman Mortimer Downey told The Washington Post. “Obviously we’ve got to do a better job.”

In a bit of bright news for local passengers, the transportation heads for the District of Columbia, Maryland, and Virginia agreed to allow Metro to exercise an option to purchase 220 additional rail cars. This will provide much needed additional capacity for commuters struggling with crowded conditions.


News In Brief

--The California High Speed Rail Authority issued an updated business plan to state leaders, offering project updates by section, revised financials, current and projected schedules for engineering and construction, and milestones achieved. You can access the full report online.

—Responding to a series of service outages resulting from extreme weather, the board of the Massachusetts Department of Transportation approved a provision to cut the cost of MBTA monthly passes by 15 percent in May. The system will also offer free rides for all passengers on April 24.

—The board of the Los Angeles County Metropolitan Transportation Authority unanimously voted to select Phillip Washington as the system’s new chief executive.

Washington comes into the job with a wealth of experience, having served 16 years in Denver’s Regional Transportation District. MTA is currently engaged in a multibillion dollar expansion of its rail transit system.

"We can further transform this county and this region through transportation infrastructure investment, and that is what I look forward to doing," said Washington. "I am really happy to be here, and honored that you are bestowing this great responsibility on me."

Washington will replace former MTA CEO Art Leahy, who stepped down in January.