News & Reviews News Wire Private car community ‘disappointed’ with Amtrak observation platform ban NEWSWIRE

Private car community ‘disappointed’ with Amtrak observation platform ban NEWSWIRE

By Chase Gunnoe | May 28, 2019

| Last updated on November 3, 2020

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NewRiverTrainplatform
As seen from the platform of business car ‘Dearing,’ the 2016 New River Train passes under the New River Gorge bridge near Fayetteville, W.Va., in October 2016.
Chase Gunnoe
WASHINGTON – Private car owners and operators say they are disappointed of Amtrak’s decision to ban observation deck riding and open dutch doors, despite their efforts to work together with the passenger railroad on these safety items.

American Association of Private Railroad Car Owners President Tony Marchiando tells News Wire that AAPRCO and leadership from the Railroad Passenger Car Alliance worked with Amtrak in 2018 on a draft for the railroad’s private car safety manual where the subject of platform riding was discussed.

“The subject of platform riding was of concern to all, and a sensible, safe procedure was agreed upon: no platform riding on the Northeast Corridor, everyone seated, everyone wearing eye protection, no drinks of any kind,” Marchiando says.

The safety manual was presented by Amtrak’s then-special movements manager at AAPRCO’s convention in St. Paul last September, where everyone was pleased with the result. AAPRCO alleges that a change-up in Amtrak’s leadership transferred the manager to a different role and the safety manual was never officially posted to Amtrak’s website.
RPCA echoed similar remarks in a May 28 statement published by its safety committee. Similar to AAPRCO’s statements, RPCA says the proposed version of the manual put out by Amtrak last September did not propose the ban. RPCA also says that the organization’s insurance underwriters confirmed there have been no reported incidents or claims involving the occupancy of either open platforms of open vestibule doors. Based on those facts, RPCA adopted Amtrak’s former policy, including all past stipulations which Amtrak placed on riding on platforms and in vestibules.

In addition to restrictions on the Northeast Corridor, the policy also included no occupancy at speeds greater than 69 mph and being seated while traveling at speeds greater than 45 mph.

Now, that private car safety manual has been published and while AAPRCO says it is largely unchanged from 2018’s cooperative effort, there has been new verbiage issued that bans platform riding on moving trains.

“We immediately asked for reconsideration of the ban, but we’re told it came from safety – and no change,” Marchiando says.

“Of course, our membership is very disappointed with this. Platform riding has always been an important part of the private car experience and very, very few, only minor, injuries have ever occurred. Our intention is to work to allow safe riding on platforms with sensible rules and procedures.”
Similarly, RPCA’s safety committee is also disappointed and is hoping railroad officials will share with the organization if there was an event which might have triggered the abrupt change. The committee is also asking to sit down face-to-face with Amtrak to discuss the disparity between the two versions of the safety manual.

The official notice from Amtrak says it is no longer permissible for private car owners and guests to be on the observation deck or operate with an open dutch door on any private car attached to an Amtrak revenue train or chartered train – while the train is in motion.

Owners and guests may only access to these areas when the train is stationary. When stopped, Amtrak is requiring protective eye wear, sufficient hand holds and railings for all occupants, and prohibits leaning beyond the sides or rear planes of any private car. Liquids are also prohibited in these areas when a train is stationary.

Amtrak says those who fail to adhere to the safety rule could be suspended or revoked from operation on any Amtrak train.

25 thoughts on “Private car community ‘disappointed’ with Amtrak observation platform ban NEWSWIRE

  1. Amtrak seems to forget many of the PV owners as well as the folks that ride them are retired and current railroad people, not a bunch of yahoos just riding, there are rules in place by the owners and repeat riders know the rules and use common sense while on the equipment and wouldn’t do anything to harm themselves or others or give the experience a bad light, come on Amtrak lighten up a little.

  2. Mr. Beal: Thanks for your comment on protective eyewear. Most railroad personal safety PPE rules packages require protective eyewear when within a specified distance — 25′, 30′, 50′ — of an active track. Dirt and rocks, pieces of lading, and other objects can be kicked up by passing trains.

    As railroad safety professionals have learned over the years, the simple act of donning PPE has the effect of enhancing compliance with all safety rules. That was shown on the Florida Business Unit back in the mid 1990s, when they led the way with PPE use.

    Putting on PPE is almost like plugging in what I’ve called the “Safety Sim Card.” The wearer thinks, roughly, “I am no longer on the street but am in a potentially dangerous environment. My behaviors and resultant actions should reflect that reality.”

    Understand that I am not against enjoying railroads and railroading. I and my Nikon D-810 spent four days chasing Big Boy (with only tepid photo results). On the other hand, the accident/incident investigation files on my computer are full of sobering photos that remind us that the railroad environment, if not fully respected, can be challenging to even trained and experienced employees.

  3. that is a bummer, sorry to hear this, as that would have to be one of the attractions riding on PV. I have rode on rear on some caboose trips on A&M and other excursion roads, but never on a PV.

  4. People have been riding observation platforms for over a hundred years. It’s now a safety concern? Total idiocy by the buffoons at Amtrak, bunch of bureaucratic losers.

  5. Arthur Miller I disagree. PPE exists to absolve a company or corporation of liability from incident just as much as it does to ensure real safety while performing physically hazardous tasks in heavy industry– both exist in harmony in parallel when you are employed by the Railroad bound by the terms of employment. But in this case you are leaps off, the private railcar owners are NOT Amtrak employees, merely customers like anyone else (who happen to provide their own equipment). Further, a simply liability clause built into the contract would suffice to solve this (YOU TRAVEL AT YOUR OWN RISK ON AMTRAK). In fact, many of the contracts I’ve worked with with carriers build in certain liability provisions to protect themselves, so not unreasonable to assume Amtrak could do the same very easily. The case Amtrak tries to make that PPE is in the interest of personal safety as a consumer of open-air riding, and is categorically dis-proven with countless examples with many years of data that it is in fact physically safe to open-air ride. It is clear in this case that Amtrak is seeking either personal liability protection, which seems less plausible given we’ve seen very small instances of safety issues open-air riding as just mentioned, OR they are simply and more than likely, trying to kill off private car ridership in general. In the good ole rule book of life, this is what is simply called a scapegoat– Amtrak wants out with anything to do with private railcars.

  6. Protective eyewear in motion should be the only restriction on the open platforms. Anyone who has ridden on an open platform knows it can be dusty. I always wanted to ride an open platform on the Pennsylvanian but with the restrictions, i will forego that and spend my money in Canada relaxing with a Gin & tonic in a Budd Observation, off season of course.

  7. The Rocky Mountaineer Gold Class has open platforms on their cars and passengers are allowed on them while the train is in motion. I rode it before they extended the operation to Seattle and do not know the rules while on the BNSF. Can any one enlighten me.
    Also, back in the fifties, i routinely rode looking out the dutch door and twice I experienced what I suspect was brake shoe dust in my eyes and wound up having to go to an optometrist to get it removed. Did I blame the RR. Of course not. My fault. Today’s litigious society is why Anderson?Amtrak is imposing these rules. Even if the PV riders signed waivers, juries would still give big awards to plaintiffs.

  8. Mr. McFarlane, thanks for your comment.

    I am not sure what you mean by “jurisdiction.” Maybe you are thinking of tort liability exposure?

    Understand I am not a lawyer. But I have been around enough railroad incidents and have been in enough courtrooms to know that plaintiff’s counsel can cast a very wide net when it comes to identifying entities and individuals that can be held accountable, or liable, for an incident. By “providing…the transportation,” Amtrak is up to its angle cocks in liability.

    I believe what is motivating Amtrak in this situation is a dedicated pursuit of hazard and risk elimination. If an entity like Amtrak does that, and it has zero injuries, it doesn’t get sued. Obviously, the preservation of human life and limb is the first concern. However, a 0.0000 annual injury statistic also keeps down lawsuits.

    There has been a steady advance in railroad safety procedures, and that means change from “the way we used to do things.” A few days ago, I was looking at a couple of photos taken on the “Courage Under Fire” feature film railroad set in 1994. We shot the movie near Bertram and Burnett, Texas, northwest of Austin. There’s not a piece of PPE (personal protective equipment) in sight on any of the railroad or on production crew members.

    Today, film personnel would not (or should not) go onto an active railroad right-of-way without vests, safety boots and eye and hearing protection and without implementing complete Roadway Worker Protection procedures.

    Going forward, I suspect PV travel will continue becoming more and more like riding Amtrak’s NEC…which is a lot like riding an commercial airplane. That die was cast when Richard Anderson and Kenneth Hylander went to work at Amtrak.

    In the meantime, N&W 611 will run at Strasburg, and a recent TRAINS article chronicled a number of other steam locomotives that will be operating this year. As we saw earlier this month, Union Pacific’s #4014 and #844 are alive and well. All in all, it’s still a great time to be a rail fan.

  9. Mike Lustig,

    The Amtrak BoD should be disbanded and eliminated, and just have a Railroad or CEO that has a semi-clue on what to do with the system(and how to kick Congresses ass to get them on your side).

    Arthur J Miller,

    You do realize that a PV carried at the end of an Amtrak train is not really under their jurisdiction, all Amtrak is providing is the transportation, everything else is under the auspices of the PV owner…and people that ride PV are well aware of the dangers involved and I’m sure there are indemnity clauses in the contract you sign when you pay for a trip on one(I would include one).

  10. I’m guessing that with all these draconian rules that Amtrak is imposing on the private car owners and railfans alike that soon Amtrak will put restrictive measures or put a ban on the taking of photos and videos of their trains from public access which includes roads, streets or overpasses even if done in a safe and responsible manner, Oh and did I mention that Amtrak will be imposing a dress code on all their trains which will include wearing a required name tag with the Amtrak logo as well as all all clothing with the required Amtrak logo which can be bought at the company store in all train terminals or online. (just kidding of course but who knows what might come next in a society and bureaucracy that loves passing rules and regulations that strangle not only how we live and work but now even in our hobbies and pastimes as well. I understand the need for safety and order but let’s be real. The people that own these private railcars are responsible people and know how to take care of and maintain their railcars and know the rules of safety and respect of the host railroad that their cars travel on. A few bad apples in the bunch shouldn’t be allowed to ruin the enjoyment of the vast majority of responsible railfans and private car owners who are respectful and responsible. Do we ban the folks that take their antique autos out on the road for a spin or even the folks that fly their vintage aircraft at air shows. ? Let’s be real. Us railfans and train lovers as well as the private railcar owners are regular folks like every one else. We are not strange or crazy
    we are just passionate about our hobby and pastime and just love trains. Simple as that. Now I just heard that Big Brother Amtrak is going after all the model railroaders who operate Amtrak letterd trains on their layouts Pay up or you will be shut down. LOL Happy railroading and happy tracks ahead

  11. In the 2020 reauthorization of Amtrak, there should be new rules for appointing the BOD. Right now they are appointed by the President and it consists of political hacks who can full an encyclopedia with what they DON’T know about transportation much less railroading. Amtrak’s Board needs people who believe in rail passenger service long haul and corridors.
    Mike

  12. I was a guest on a PV from Chicago to Washington DC behind the Cardinal then to Newport News last year. The car had a platform and I am glad I practically lived out there the whole trip. It was an amazing experience. A shame I won’t be able to repeat it.

  13. Mr. Lang: In summary, and based on this article, it seems Amtrak is instituting for PV passengers the basic PPE (personal protective equipment) and roll equipment occupancy rules that have been in place for the railroad employees working in the rail operations environment (and, obviously, around private owner cars) for several decades.

    Further to the eye protection requirement. In all of the eye injuries I have investigated (15+?) over the years, the difference in a time lost injury and blindness (a lifestyle changing injury) often has been a quarter of an inch, or less.

    The prohibition against kicking back on the rear platform of a moving PV office car — while historic and memorable and fun — is roughly analogous to the basic railroad safety rule that says railroad employees shall not occupy a moving locomotive’s side or front walkways except below some specified speed (3 mph or 5 mph) and when engaged in active switching operations.

    From the legal perspective, it would be easy for a injured PV patron’s attorney to make the case to a jury that the private car owner and Amtrak were grossly negligent by not protecting PV passengers when they are exposed to the railroad workplace hazards.

    As noted in an earlier post below, the objective is to remove all possible injury sources, aka: “eliminate all the holes in the Swiss cheese.” In summary, Anderson and Hylander and Amtrak’s safety professionals have all sorts of risk mitigation and legal reasons for their decisions regarding Dutch doors and office car rear platforms.

  14. Some of the rules regarding stationary cars confound me. Consider
    When stopped, Amtrak is requiring protective eye wear, sufficient hand holds and railings for all occupants, and prohibits leaning beyond the sides or rear planes of any private car.

    Passengers board and alight from the rear platform on PVs with rear platforms. So do we have to give safety glasses to passengers boarding and how can you board without piercing the side plane of the car. In addition to being unnecessary (except on the NEC) some of these rules are badly written and cannot be practically implemented.

    BTW I wonder how much plexiglas it would take to have a rear platform considered to be no longer open?

  15. Most of the private car owners in the Los Angeles area have been forced to sell there equipment because Amtrak refuses to haul the cars thus cutting off any source of revenue. It is time to give Mr. Anderson the boot!

  16. This is one more against the private car owners. Amtrak clearly no longer wants their revenue, for whatever reason. The timing of this change, following on the heels of the embargo on private cars to many stations where private cars operated successfully for years as Amtrak customers, belies the notion that this is being done for safety reasons. Such a shame.

  17. “…and very, very few, only minor, injuries…”
    Unfortunately, in the railroad environment, the source of a minor personal injury more often than not can also be the source for a major personal injury, or worse. The 2003 ConocoPhillips safety pyramid shows how this works. This safety pyramid concept goes back to at least the early 1930s. In this case, I suspect Anderson and Ken Hylander are putting into place the “holes in the Swiss cheese” safety model that gave the US commercial airline industry nearly 10 years without a passenger fatality. You achieve an accident-free operation by building a safety culture that seeks out and eliminates “all of the holes in the Swiss cheese.” Sadly, on moving trains, that precludes open Dutch doors and riding on a private car vestibule.

  18. Riding in the family room (it is the complete width of the car ) in one of Amtrak’s sleepers on the Builder there was a loud boom and I was thrown from one side to the other . No one at Amtrak seems to worry about that so what’s the big deal about private car safety ????????????????????????

  19. Death to Amtrak by a 1000 bureaucratic cuts.
    Meanwhile bureaucrats in another agency, the FRA disallow states rights to pursue 2 man train crew laws for non-proven “safety” reasons.
    I see a pattern in both of these agency’s that leads away from passenger rail, labor and innocent bystander safety.

  20. I used to be a big believer in Amtrak. Now I find myself hating it more and more especially with this BOZO Anderson at the throttle.

  21. The next change Anderson will implement will be the tying down of all passengers on their seats on porta poties so no one will have to traverse the dangerous aisles of the train until they reach their destination. No one excepted!!!

  22. Maybe we should do away with ALL passenger trains and be done with it. I’m sick of the slow bleeding from several small “cuts”. And while we’re at it, let’s build walls and fences along all railroad right of way so no one can see or approach trains. Isn’t that the ultimate safety strategy?

  23. Airplane Anderson.
    We now need seat belts. Must protect the passenger, and remember “Seat upright and tray tables stowed”
    There are several company’s that manufacture seat belts. All rated to FAA crash load standards.

  24. Mike Lustig How can that be done? The board makes the decision to give him the sack and they haven’t shown any shape of giving him the sack.

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