I have an oddly specific question:
Is there any way around trackage listed as passenger excepted that allows temporary passenger excursions? We are trying to use excepted track for passenger excursions at a special event and want to know if the STB can be petitioned, if the track owner could be convinced to raise the class, or if there are other cases of temp exceptions. Money is less of an issue, within reason.
I would doubt it. Bringing excepted track to class 1 standards would require a lot of work and probably won't happen.
This reminds of a story of a short line that purchased the former GN/BN 44 mile branch line from Wayzata to Hutchinson, both in Minnesota. A dinner train operator wanted to run a train about 10 or so miles. The FRA got involved in in and said NO as it was excepted track. That was the end of that project. I was Roadmaster's Clerk for the BN's Twin Cities Roadmaster for five years. Best job I had.
Ed Burns
Just found out that as of 2012 ours became Class one.
The FRA has juristiction over rail safety issues, not the STB. The FRA issues a regulation (Track Safety Standards) that clearly defines the allowable speeds (freight and passenger) over track, depending on its physical condition. The railroad involved is responsible for properly classifying its track, and substantial fines are prescribed for violating track standards - such as operating a passenger train over excepted track.
I suppose that you could petition the FRA for a waiver... but 'excepted' is done for a very legitimate safety reason, and absent technical proof that your use would be 'safe enough' ... something I very much doubt you would be able to substantiate ... passenger-excepted means NO NO NO.
What arrangements have you concluded for insurance coverage, and what did the prospective insurers tell you about the idea of operating over nominally excepted track?
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