Edit post

Edit your reply below.

Post Body
Enter your post below.
Here some excerpts from the Railway Age article that would cause a contract administrator heartburn. ..."the original agreements between Amtrak and its host railroads—voluntarily negotiated in 1971—did not give passenger trains priority, and included a clause that passenger trains not “unreasonably interfere” with freight service". "Congress created the priority access right in 1973 out of frustration with bankrupt Penn Central’s gridlock on the Northeast Corridor." "Freight railroads contend the user fees paid by Amtrak do not fully cover the costs of providing that access, much less justify absolute priority over freight trains." "Amtrak passenger train delays were traced, largely, to host freight railroad dispatching practices that allegedly violated the statutory preference mandate. But freight railroads say that, in some instances, Amtrak demands preference even when its own departures are late, and “preference” must be redefined with an eye on keeping the freight rail network fluid." "Congress in 2008 sought a collaborative solution through a provision of the PRIIA instructing the FRA and Amtrak—in consultation with the Surface Transportation Board, freight railroads, states, rail labor, and rail passenger organizations—to develop metrics and minimum standards for measuring Amtrak passenger train performance and service quality." "The appellate court ruled that Amtrak, while taxpayer supported, is, in fact, a private entity and Congress improperly gave it regulatory power over freight railroads in violation of the Constitution." "While the requirement for Amtrak passenger-train dispatching preference remains the law, invalidated by the appellate court was the requirement for Amtrak and the FRA to establish metrics and minimum standards for measuring Amtrak passenger train performance and service quality. However, the STB still may assess monetary penalties and impose remedies, but the court’s invalidation of the metrics and minimum standards established by Amtrak and the FRA leaves in doubt what exactly are delays and how they are to be measured." "However, freight railroads believe setting and measuring schedules and on-time performance metrics should not be done through a one-size-fits-all approach at the federal level, but addressed jointly through private bilateral contracts that take into account the facts and circumstances of particular routes.” If the article has it correct, developing a set of minimum performance metrics for Amtrak's trains without having the freight railroads at the table was over the top.  Apparently they have been invalidated, but the STB may assess monetary penalties!   How do you interpret and comply with this sort of nonsense, let alone point a finger at business people for not honoring whatever contract terms they are supposed to be honoring. This is one more example of how the government fouls things up.
Tags (Optional)
Tags are keywords that get attached to your post. They are used to categorize your submission and make it easier to search for. To add tags to your post type a tag into the box below and click the "Add Tag" button.
Add Tag