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.”
