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So, you really want to benefit the railroads...

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So, you really want to benefit the railroads...
Posted by Anonymous on Thursday, August 26, 2004 3:09 PM
A number of recent threads have dealt with the idea of future improvements to the railroads in North America.

Here are a few ideas that if implemented will bring structural change and some benefit to todays railroads.

Legal

1. Repeal FELA and substitute a workers compensation type system under a new Federal Law. An adjudicatory board would be established under the auspices of the Railroad Retirement Board to handle this role and minimize the need for any additional expensive bureacracy. This would result in vastly reduced costs for railroads and better more predictable medical care and compensation for employees.

2. Amend the Railroad Retirement Act to account for the changes to FELA. This could include railroads providing long term disability insurance for employees in exchange for reduced payroll taxes once the RRB Sickness benefits are terminated. This would result in better, more available benefits for employees with minimal cost impacts on the railroads.

3. Enact amendments to the provisions of the ICC Sunset Act to permit the STB to better handle bottleneck rate cases and trackage rights/interchange disputes to smooth the flow of commerce in the most efficient lanes. This could be handled by the appointment of special masters or arbitrators to fashion workable solutions to these disputes under the auspices of the STB. Again, additional bureacracy would be minimized to keep costs down.

4. Enact uniform Federal real property law concerning the status of railroad rights of way as fee simple owned properties not subject to State Law.

Amtrak

5. Enact amendments to Amtrak legislation. Review of issues including reduction of past costs to determine if an appropriation could cut old costs including pension costs for past employees of predecessor railroads.

6. Legislation to provide adequate funding for Amtrak. Includes capital funding and an operational component. As part of legislation require changes in how crews are terminaled and used and provide aqdequate security for employees through additional service opportunities.

Security

7. Enact Rail Security legislation providing funding and authority for railroad police to have full federal jurisdiction including the power to investigate matters involving the railroad, its employees and other issues affecting the railroad off railroad property. Provide funding for Amtrak to have police on long distance trains. Provide for additional security in all major passenger and freight terminals.

Safety

8. Enact uniform standards for grade crossing protection and provide adequate funding for the installation of grade crossing signals at all state or federal highway crossings. Provide a fund for grade separation of crossings where appropriate. As part of the law clarify Federal preemption of all state and local laws on this subject. Set standards for type and nature of crossing protection, surfaces and vegetation control. This uniformity will help to reduce the cost of often unjustified litigation over crossing accidents. Provide funding to railroads and states for increased enforcement.

9. Amend FELA and related laws (Boiler Inspection Act and Safety Appliance Act) as suggested above.

10. Enact laws requiring truthful injury and accident reporting by railroads and employees including criminal and civil penalties for noncompliance.

Research

11. Provide for financial support for research into alternative energy sources for future railroad use. Electrical generation through coal, wind, solar, nuclear or other sources. Useful technologies such as hybrids, alcohol based fuels, fuel cell technology(including the MAJOR problem with fuel cells, how to produce an adequate source of hydrogen at an affordable cost) and other new technologies for future rail propulsion.

12. Provide financial support for research into better engineering of railroad systems, track structure, cars, locomotives, tracking, signal, etc.

All of the above will either cost money or more likely offend some constituency including labor, management, the public, shippers, vendors, truckers or others. But all would certainly change the face of our existing industry.

LC

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Posted by Anonymous on Thursday, August 26, 2004 3:21 PM
Oops, almost forgot. Add, under safety.

Enact regulations necessary for safe operations of remote control trains and locomotives with dues regard to the positions of both labor and management on the subject.

LC
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Posted by Anonymous on Thursday, August 26, 2004 3:41 PM
Sounds good LC progressive, thoughtful, and financially beneficial to most parties. The problem I see first off is the individual states and their individual and local ISSUES. Then there are the parties that you mention last. Take it from a former State employee. Those folks in you last paragraph are *** cats when compared to those states that take their States Rights seriously. Having said that though, I would support you. Such a vision is long over due
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Posted by Junctionfan on Thursday, August 26, 2004 7:25 PM
You should run for public office. That is a very excellent platform and should be implimented. I don't know why more people with the actual knowledge from first hand experience can't run for high office. I wish in the United States that you didn't have to be well off to run for government because sometimes the most qualified person for the job is the poorist who just so happens to have the experience, compassion and the I.Q to do it. In Canada it isn't so bad but I wouldn't say it was completely different than in the U.S. Look at Paul Martin, Prime Minister of Canada and owner of Canada Steamships.
Andrew
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Posted by Anonymous on Thursday, August 26, 2004 8:11 PM
QUOTE: Originally posted by Junctionfan

You should run for public office. That is a very excellent platform and should be implimented. I don't know why more people with the actual knowledge from first hand experience can't run for high office. I wish in the United States that you didn't have to be well off to run for government because sometimes the most qualified person for the job is the poorist who just so happens to have the experience, compassion and the I.Q to do it. In Canada it isn't so bad but I wouldn't say it was completely different than in the U.S. Look at Paul Martin, Prime Minister of Canada and owner of Canada Steamships.
From the For What its Worth Department: You nominate him, I'll second and get some attention from places I'm sure we have never heard of.
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Posted by Anonymous on Thursday, August 26, 2004 8:34 PM
I'll drink to that, LC...
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Posted by Anonymous on Thursday, August 26, 2004 9:40 PM
Ya I want my CARGO shipped in one peice please!
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Posted by Train Guy 3 on Thursday, August 26, 2004 9:59 PM
I would like a ban on remote control locos.

TG3 LOOK ! LISTEN ! LIVE ! Remember the 3.

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Posted by Junctionfan on Thursday, August 26, 2004 10:15 PM
I wonder if the railroads and states should join forces to put photo radar at crossings that way if someone goes through them than the picture of the licence plate is taken and the fine is in the mail.
Andrew
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Posted by Anonymous on Thursday, August 26, 2004 11:20 PM























































I have to say thet ideas 1 and 2 are not so great. Number 7 bothers me even more. Railroads are already spying on their employees at home, especially if the employee has been injured at work.
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Posted by Anonymous on Thursday, August 26, 2004 11:36 PM
Neither #1 or 2 has anything to do with spying. Besides the railroad employs claim agents to do the spying now. In any event, #7 is probably the most likely thing on the list to become law. Check the contents of the recently announced Rail Security legislation being discussed in Congress now. Most of #7 is already there.

As to #1 and #2 I have been an injured employee on the RR and know exactly what happens to an employee who is seriously injured and sues the company. Based upon my own experience I find that both the companies and the employees seriously abuse the FELA system to the point that it is no longer salvagable. The companies abuse the employees with "starve them out" tactics and video taping by PIs. Some employees lie about their injuries or at least how they got them. So long as there is a system of litigation that rewards such tactics (including the easiest "negligence" standard around) and attorneys willing to take these cases the abuses will continue and worsen. I think the solution is to change the system. If you have any doubt, look at the recent conviction of 2 former UTU presidents and others for soliciting and taking bribes from FELA lawyers as one example of the depth of this corruption.

LC

LC
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Posted by oltmannd on Friday, August 27, 2004 7:10 AM
I like a lot of your ideas. Anything that puts RRs on the same footing as other industry is a good thing. FELA is completely ridiculous in it's current form.

I'd like to see the RRs eventually on "normal" Social Security, too. But you'd have to grandfather current employees in some fashion in order to be fair.

I'd also like to see the 4.3 cent per gallon "deficit reduction" tax go away.

I really like your idea to get some Fed $$ for R&D. I think funding basic research is one of the long term underpinning of our economy, in general.

-Don (Random stuff, mostly about trains - what else? http://blerfblog.blogspot.com/

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Posted by Hugh Jampton on Friday, August 27, 2004 7:23 AM
You use the f word a lot..


So where's this funding going to come from?
Generally a lurker by nature

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Posted by Anonymous on Friday, August 27, 2004 9:29 AM
The government!
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Posted by Randy Stahl on Friday, August 27, 2004 10:55 AM
QUOTE: Originally posted by oltmannd

I
I'd like to see the RRs eventually on "normal" Social Security, too. But you'd have to grandfather current employees in some fashion in order to be fair.

Them's fighten words !!!!!!!!
Randy
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Posted by Junctionfan on Friday, August 27, 2004 11:10 AM
I think the STB should have the right to demand that railroads increase their capacity and should have the power to prevent railroads from track elimination on key corridors. However such corridors should get tax reductions on the railroad as well as some funding on security and maintainace particularly in areas prone to natural disasters.
Andrew
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Posted by Anonymous on Friday, August 27, 2004 12:53 PM
QUOTE: Originally posted by Randy Stahl

QUOTE: Originally posted by oltmannd

I
I'd like to see the RRs eventually on "normal" Social Security, too. But you'd have to grandfather current employees in some fashion in order to be fair.

Them's fighten words !!!!!!!!
Randy


I agree with Randy on this 100%, the RRB is better managed and does much better with the money it has than does Social Security and provides better benefits. Truth be told it would be completely impossible to retain good employees without Railroad Retirement as it now stands given the other hardships of RR work.

LC
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Posted by Anonymous on Friday, August 27, 2004 1:24 PM
Some of you may not know that some classes of people can opt-out of Social Security. Not individually, but as a group. Fire fighters and police are some of them. The last I heard there were no groups that hadn't opted-out of SS if they could!
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Posted by Anonymous on Friday, August 27, 2004 5:02 PM
QUOTE: Originally posted by Junctionfan

I wonder if the railroads and states should join forces to put photo radar at crossings that way if someone goes through them than the picture of the licence plate is taken and the fine is in the mail.
State of North Carolina, City of Charlotte, Sugar Creek Crossing. I saw it first used in 1997 and reported and shown at the Railway Age's Passenger Trains on Freight Railroads Conference that October. A Great Performance by a truck or two breaking down the gates and being seen in living color Tags and All. A picture of a coulpe of near misses with a couple of NS freights as well. It was also a bit more involved than a fine to pay in the mail. Something like damages, fines, license suspensions, trespassing charges, etc. You get the picture[:D][:D][:D][;)][;)][swg]
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Posted by Junctionfan on Friday, August 27, 2004 5:19 PM
Good. I would like to see more of this at crossings. Excellent way for the governement to gain money. Because there are no shortage of idiots, the intial camera system investment should be paided off so the tax dollars are put back into the public.
Andrew
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Posted by Junctionfan on Friday, August 27, 2004 7:02 PM
The following will not only help the railroad but it will help the general populace.

1/ Public Health Care. If the government pays for it that the businesses don't need to have health insurance and neither do people. This should include pharmacuticals and rehab.

2/ Regulate the pharmacutical companies. They charge too damn much for drugs than companies that sell the same thing only with a generic name. Pharmacetical companies must continue producing drugs that are needed for patience even with patience with rare diseases. Failure to do so and the pharmacutical company's patent on that product becomes invalid.

3/ Regulate the insurance company and make sure that their rates are reasonable as well as just. Failure to justify rate increases will result in government lowering them to an exceptable level to be determined by finacial commitee in Congress. Insurance companies that cancel insurance policies for unjustified reasons will be fined and some cases criminally charged as well as have a demarit point reduced on their licence to operate.

4/ Reduce rates on interests allowed to be charged by both credit companies and bank loans.

5/ Give tax adcentives to industries that choose to use rail either by intermodal, transloading or direct spur access.

6/ Give tax adcentive to trucking industries that choose to use rail either by intermodal or to operate transloading facilities. Also give tax adcentives for trucking industries to use domestic containers on chassis rather than conventional trailers

7/ Give tax adcentives to the railroad to increase capacity to accomidate demand.

8/ Pass legislation that gives STB the right to demand that railroads have to increase capacity for the good of the economy and to reduce bottlenecking. Give them the right to declared certain lines as Key Corridor Access. This allows for the prevention of abandonment and prevents mainline track, signals, and switches to removed. Gives the railroad a tax reduction on lines that are declared Key Corridor Access. Gives the railroads assistance of security and natural disaster relief on lines that are declared Key Corridor Access.

9/ Regulate the prices of fuel for railroads. Railroads must eliminate fuel surcharges.

10/ Start general public awearness of the importance of the rail industry.

11/ Enact legislation called the Quality Rail Service Act. This act would allow the railroad to charge whatever they want but the price must match the quality of service givin.

12/ Railroads must be encouraged to use transloading methods and open more of their own.

13/ Enact a law that prevents railroads in giving unrealistic forecasts and from reducing infrastructure in order to meet them. Protect railroads some how from Wall Street's demand on forecasts that are unrealistic and unachievable without making unwise reductions on infrastructure.

14/ No more class 1 mergers. Until railroads can demonstrate that they have the skill and the ability to manage what they already have in a way that benefits customers, employees and the general public, mergers will no longer be permited by any class of railroad.
Andrew
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Posted by Anonymous on Friday, August 27, 2004 8:12 PM
QUOTE: Originally posted by M.W. Hemphill

You want to do something? Here's what. Compel every entity, public, individual, and private, to internalize and capitalize their uncapitalized external costs instead of foisting them onto the taxpayer at large as they are doing now or will be in the future. Assume that any product dumped into the environment, whether it be fertilizer runoff, carbon dioxide, or household garbage, is now or will soon be an uncapitalized cost foisted onto the taxpayer, and require whomever is dumping it to either find a way to sequester it permanently, or quit doing it. Prohibit any company from employing anyone without paying their full health insurance costs of them and their dependents from day one, or better yet, simply nationalize the health care insurance system to get rid of all the useless bureaucracy and overhead of the health insurance industry, to avoid these costs being foisted onto the taxpayer. Prohibit any import of any good or service from any nation that doesn't go along with this, or pay an import duty that matches the costs the exporter is not capitalizing, to avoid circumvention of domestic law by consumers and businesses alike, because otherwise we'll all be cheating. Wipe out unearned capital transfers and their equivalent such as inheritances, legacy admissions to colleges, lotteries and games of chance, and hire, pay, promote, and admit solely on the basis of merit. Standardize the tests so there's no cheating.

The market will reward those that can easily internalize their costs, and puni***hose that don't. Railroads having few externalized costs will be rewarded, trucking and some others will have to greatly retrench. There won't be much coal moving, but the passenger and general freight business will pick up.

Plans like this are highly unpopular because they make it difficult to cheat the system. It will be hard to get really rich, really fast. It will mean the only way you can get ahead is by hard work and smart investing. It will eventually wipe out the really rich.

Nah. No one would ever vote for that. We all cling to the fantasy that we'll be rich any day now. As Ted Rall says, "The definition of a poor person in America is someone who votes to cut the capital gains tax to prepare for the day they will win the lottery." But even a little bit of demanding that industries internalize their costs would help railroads.


Interesting philosiphy. A bit more abstract than I had in mind, but interesting.

LC
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Posted by railman on Friday, August 27, 2004 11:36 PM
Great. So as big brother cashes in on the red light runners, why stop at railroad crossings? Put the cameras everywhere? I mean, if you don't break the law, you'll have nothing to fear, right? Catch those litterbugs! Speeders? Automate cameras there, too. Install automatic sensors on cars that detect if you tailgate or forget to signal, and presto, within 60 days there's another letter in the mail from Big Bother. Let's join hands, and get on board the CAMERA TRAIN!!! all in the name of SAFETY!!! Privacy? Bah. That's SO 1776. This is 2004!

Sorry if that got rolling a little bit. It's too late at night and I just read an article about those photo cop thingies at intersections.
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Posted by Anonymous on Friday, September 10, 2004 5:11 PM
QUOTE: Originally posted by railman

Great. So as big brother cashes in on the red light runners, why stop at railroad crossings? Put the cameras everywhere? I mean, if you don't break the law, you'll have nothing to fear, right? Catch those litterbugs! Speeders? Automate cameras there, too. Install automatic sensors on cars that detect if you tailgate or forget to signal, and presto, within 60 days there's another letter in the mail from Big Bother. Let's join hands, and get on board the CAMERA TRAIN!!! all in the name of SAFETY!!! Privacy? Bah. That's SO 1776. This is 2004!

Sorry if that got rolling a little bit. It's too late at night and I just read an article about those photo cop thingies at intersections.


Cameras on trains do work, problem is that certain railroads like to add microphones and spy on the crew...

A walk on the dark side...

LC
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Posted by Junctionfan on Friday, September 10, 2004 6:20 PM
Why would they want to spy on the crew? What are they listening for?
Andrew
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Posted by Anonymous on Friday, September 10, 2004 7:11 PM
Rule violations.

LC
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Posted by Junctionfan on Friday, September 10, 2004 7:58 PM
That makes sense. Not a bad reason for doing it.
Andrew
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Posted by Anonymous on Friday, September 10, 2004 9:10 PM
QUOTE: Originally posted by Junctionfan

That makes sense. Not a bad reason for doing it.


Unless of course you believe the representations of management that the microphone was to be outside the cab for pickup of horn and bell sounds and not for purposes of eavesdropping. I guess Canada doesn't have real anti-eavesdropping laws...

LC
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Posted by Junctionfan on Friday, September 10, 2004 9:52 PM
Not really, but we don't really seem to care overly much about things like that. It can be advantageous though. Like the police camera that records what the officer is doing and can protect him against citizens falsely accusing the officer, the crews can be protected by folk that might accuse the crew of doing something wrong that lead to an incident.
Andrew
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Posted by Anonymous on Friday, September 10, 2004 10:01 PM
QUOTE: Originally posted by Junctionfan

The following will not only help the railroad but it will help the general populace.

1/ Public Health Care. If the government pays for it that the businesses don't need to have health insurance and neither do people. This should include pharmacuticals and rehab.

2/ Regulate the pharmacutical companies. They charge too damn much for drugs than companies that sell the same thing only with a generic name. Pharmacetical companies must continue producing drugs that are needed for patience even with patience with rare diseases. Failure to do so and the pharmacutical company's patent on that product becomes invalid.

3/ Regulate the insurance company and make sure that their rates are reasonable as well as just. Failure to justify rate increases will result in government lowering them to an exceptable level to be determined by finacial commitee in Congress. Insurance companies that cancel insurance policies for unjustified reasons will be fined and some cases criminally charged as well as have a demarit point reduced on their licence to operate.

4/ Reduce rates on interests allowed to be charged by both credit companies and bank loans.

5/ Give tax adcentives to industries that choose to use rail either by intermodal, transloading or direct spur access.

6/ Give tax adcentive to trucking industries that choose to use rail either by intermodal or to operate transloading facilities. Also give tax adcentives for trucking industries to use domestic containers on chassis rather than conventional trailers

7/ Give tax adcentives to the railroad to increase capacity to accomidate demand.

8/ Pass legislation that gives STB the right to demand that railroads have to increase capacity for the good of the economy and to reduce bottlenecking. Give them the right to declared certain lines as Key Corridor Access. This allows for the prevention of abandonment and prevents mainline track, signals, and switches to removed. Gives the railroad a tax reduction on lines that are declared Key Corridor Access. Gives the railroads assistance of security and natural disaster relief on lines that are declared Key Corridor Access.

9/ Regulate the prices of fuel for railroads. Railroads must eliminate fuel surcharges.

10/ Start general public awearness of the importance of the rail industry.

11/ Enact legislation called the Quality Rail Service Act. This act would allow the railroad to charge whatever they want but the price must match the quality of service givin.

12/ Railroads must be encouraged to use transloading methods and open more of their own.

13/ Enact a law that prevents railroads in giving unrealistic forecasts and from reducing infrastructure in order to meet them. Protect railroads some how from Wall Street's demand on forecasts that are unrealistic and unachievable without making unwise reductions on infrastructure.

14/ No more class 1 mergers. Until railroads can demonstrate that they have the skill and the ability to manage what they already have in a way that benefits customers, employees and the general public, mergers will no longer be permited by any class of railroad.

scary

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