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Solving the PTC Deadline Problem

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Posted by Euclid on Friday, October 16, 2015 11:05 AM
cx500

Euclid:  What you are suggesting still requires the law to be amended.  The courts and FRA can only base enforcement on the law as it is written.  It is only words on paper, but those words are absolute.  Events have proved that the original deadline, a number picked out of the air, was completely unfeasible for a variety of reasons beyond the best efforts of the railroads. 

Furthermore, you haven't thought through your suggestion.  If they pay a fine for "not having PTC installed" does that leave them free to operate without PTC forever after?  Or do they get fined daily, weekly, monthly or annually?  Even so, it still needs the existing law to be amended.

The simplest, fairest and most logical approach is to extend the deadline just enough so that the majority of railroads will have a reasonable chance of being in compliance.  The present suggested date extends it only just enough to make sure the pressure stays in place to ensure the present frantic pace of development continues.

It won't be the railroads in a real pickle after a December 31 2015 shutdown.  Perhaps little income but vastly reduced operating costs to compensate.  Their situation will be relatively comfortable compared with the rest of the country and economy.

John

 
John,
I am suggesting that the law be amended by Congress for what I propose, and not that the courts or FRA do it.  I am suggesting that once PTC is installed, the law will then require the railroads to use it during operation.  But the point in the meantime is to get it installed as quickly as possible. 
The mandate needed a deadline in order to be a mandate.  If the deadline were missed, the railroad missing it would be non-compliant after the deadline with no further deadline to worry about.  So to extend the motivational effect of the deadline, the law included fines that persisted after the deadline until it was met. 
Never was it agreed that if the deadline was not met, that proves that the deadline was too short, and therefore must be extended.  Yet that is the current and highly convenient, self-serving interpretation by the railroads and their boosters. 
As I mentioned, this is a risky strategy for the railroads.  Sure, shutdown would harm the economy.  So the hope is that Congress will move to prevent it by extending the deadline.  Maybe they will do just that before the deadline arrives.  Maybe it will get done today.  But even if Congress is willing to grant an extension, it remains to be seen when they will get it done.  We are only 15 days away from the point where the railroads say they must start the shutdown process if they are to be ready for the full shut down on 1/1/16. 
You say the railroads won’t be hurt by a shutdown.  I say they never expected to carry through with a shutdown.  But they may have seriously underestimated the ability of Congress to act in time.  So the shutdown threat may turn out to be a major case of “cutting off your nose to spite your face.”
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Posted by cx500 on Friday, October 16, 2015 10:33 AM

Euclid:  What you are suggesting still requires the law to be amended.  The courts and FRA can only base enforcement on the law as it is written.  It is only words on paper, but those words are absolute.  Events have proved that the original deadline, a number picked out of the air, was completely unfeasible for a variety of reasons beyond the best efforts of the railroads. 

Furthermore, you haven't thought through your suggestion.  If they pay a fine for "not having PTC installed" does that leave them free to operate without PTC forever after?  Or do they get fined daily, weekly, monthly or annually?  Even so, it still needs the existing law to be amended.

The simplest, fairest and most logical approach is to extend the deadline just enough so that the majority of railroads will have a reasonable chance of being in compliance.  The present suggested date extends it only just enough to make sure the pressure stays in place to ensure the present frantic pace of development continues.

It won't be the railroads in a real pickle after a December 31 2015 shutdown.  Perhaps little income but vastly reduced operating costs to compensate.  Their situation will be relatively comfortable compared with the rest of the country and economy.

John

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Posted by Euclid on Friday, October 16, 2015 8:56 AM
BaltACD
 
Euclid
MidlandMike

A fine is a penalty for breaking a law.  The railoads are not goint to pay a fine unless there is a judgement against them for breaking a law.

If you read what I was suggesting, you can see that the fine I am proposing would be for breaking the law.  But the law would only require the installation of PTC.  It would not prohibit operating without PTC.

 

The fact that one would be knowingly breaking the law blows up any liability defense if a carrier continued to operate without PTC where it is required.  Breaking the law is breaking the law - no matter what forms any penalty may take.  No law prohibits anyone from breaking it, IF THEY SO DESIRE.  The carriers do not desire to knowingly break the PTC law.

 

Well again, like I said to Midland Mike, what I am suggesting would not have the railroads breaking the law for operating without PTC. It would have them breaking the law for not having PTC installed. Maybe that too would carry over to the liability incurred in an accident.  But I think it could be changed.  It is only words on paper.  Today, railroads don’t have PTC completely installed, and they operate without PTC; yet they are breaking no law by doing so. 
For those who insist that this cannot work, I perceive what they really mean is that they don’t want the railroads to be free to keep operating after the deadline because they want the threat of a shutdown to pressure Congress.  Are they really prepared to shut down indefinitely, or is it just a bluff to get Congress them to extend the deadline before it arrives? 
I would say be careful what you wish for.  Congress might be too dysfunctional to act against the threat of a shutdown, thus leaving the railroads in a real pickle after 12/31/15.
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Posted by BaltACD on Friday, October 16, 2015 6:25 AM

Euclid
MidlandMike

A fine is a penalty for breaking a law.  The railoads are not goint to pay a fine unless there is a judgement against them for breaking a law.

If you read what I was suggesting, you can see that the fine I am proposing would be for breaking the law.  But the law would only require the installation of PTC.  It would not prohibit operating without PTC.

The fact that one would be knowingly breaking the law blows up any liability defense if a carrier continued to operate without PTC where it is required.  Breaking the law is breaking the law - no matter what forms any penalty may take.  No law prohibits anyone from breaking it, IF THEY SO DESIRE.  The carriers do not desire to knowingly break the PTC law.

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Posted by Euclid on Thursday, October 15, 2015 11:29 PM

 

MidlandMike

A fine is a penalty for breaking a law.  The railoads are not goint to pay a fine unless there is a judgement against them for breaking a law.

 

 

If you read what I was suggesting, you can see that the fine I am proposing would be for breaking the law.  But the law would only require the installation of PTC.  It would not prohibit operating without PTC.

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Posted by MidlandMike on Thursday, October 15, 2015 10:29 PM

A fine is a penalty for breaking a law.  The railoads are not goint to pay a fine unless there is a judgement against them for breaking a law.

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Posted by Euclid on Thursday, October 15, 2015 12:58 PM
Oltmannd,
 
The following copy is my original post (10/7) with my comments in green and your comment to which I was replying to in blue.  Your comments in blue are quoted from your post at the top of page 8.  I just want to clarify our comments because your post of 10/8 has a quote with much of your comments from 10/7 mistakenly attributed to me.      
 
 
Posted by Euclid on Wednesday, October 07, 2015 9:26 PM
oltmannd
OLTMANND SAID:
You can't require a locomotive engineer to take a train in cab signal territory if the cab signal signal system on the locomotive isn't funcitoning. He's criminally liable if for all the bad things that may occur (remember Chase MD?).
How are you going to force a locomotive engineer to take a non-compliant PTC train?
 
EUCLID SAID:
If that problem actually exists with the PTC law, the solution is to change the law so the engineer is not running a non-compliant train.
There is an obvious solution to this problem which will allow the railroads to keep operating, but retain the teeth to push the process of PTC along. That solution changes the law to mandate the installation of PTC according to a deadline; but does not make it illegal to operate without PTC. In other words, the law is based on installation of PTC, as opposed to requiring PTC to operate trains.
Therefore, fines would only be issued for failure to install PTC by the deadline, but not for operation of non-PTC complaint trains after the deadline. If this were the law today (assuming that it isn’t), there would be no reason for railroads to shut down after the looming deadline if they are not compliant.
This is because continued operation while non-compliant would not violate the law. The railroads would get to keep operating for the next three years of the extension, and the FRA would get to use fines to hurry the installation for the next three years of the extension.
Actually, if this were the way forward, there may not be many fines. I suspect that the fines have either been exaggerated or the need for them seems less necessary due the acknowledgement that the job of PTC has been underestimated.
 
********************************
Here is your post from 10/8:
 
oltmannd
 
Euclid
oltmannd You can't require a locomotive engineer to take a train in cab signal territory if the cab signal signal system on the locomotive isn't funcitoning.  He's criminally liable if for all the bad things that may occur (remember Chase MD?).   How are you going to force a locomotive engineer to take a non-compliant PTC train?   If that problem actually exists with the PTC law, the solution is to change the law so the engineer is not running a non-compliant train.  There is an obvious solution to this problem which will allow the railroads to keep operating, but retain the teeth to push the process of PTC along. 

 

That's pretty much what the extension does.  

No matter what, a bill needs to be passed and signed.

 

 
********************************
So when you read what I suggested as the way to solve the deadline problem in my post of 10/7 in green; how is it that you conclude that the extension they are planning is about what I suggested in green on 10/7?
My understanding of the Schuster bill for an extension would grant a three year extension with fines suspended during those three years.  On the contrary, what I proposed in green would have fines kick in on 1/1/2016 as originally intended.  What would be extended is the right to operate trains throughout the three year extension without violating any law.  It would eliminate the current need to shut down, but retain the threat of fines to push the process along.  
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Posted by tree68 on Friday, October 9, 2015 7:40 AM

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Posted by MidlandMike on Thursday, October 8, 2015 10:09 PM

Euclid,  Yes I noticed that there was no indication that a deadline extension came up in the conversation you had with Sen. Bluemthal's office.  But the inference that I get from the fact that the Senate has passed a Transportation bill with a PTC extension, is that they got over whatever problems they had with the railroad's progress, enough to move on to delay enforcement for a more achievable PTC implementation timeframe.

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Posted by MidlandMike on Thursday, October 8, 2015 2:23 PM

schlimm

 

 
wanswheel

It makes no sense Obama wants to keep the current deadline with all its disruptive potential intact. Anything his press officers say about PTC is said to keep the pressure up.

 

 

 

The Obama statement is just a strategy to get a do-nothing Congress (by design) to hurry up and pass the extension.  Hopefully it will work.   But with the GOP House leadership in total disarray, that may be in doubt.

 

I agree that this is the White House's version of jumping on the worst-case-scenario bandwagon.  Sen. Thune introduced the extension bill last March, at the White House's request to give the FRA the flexibility to handle deadline extensions on a case-by-case basis.

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Posted by schlimm on Thursday, October 8, 2015 12:44 PM

wanswheel

It makes no sense Obama wants to keep the current deadline with all its disruptive potential intact. Anything his press officers say about PTC is said to keep the pressure up.

 

The Obama statement is just a strategy to get a do-nothing Congress (by design) to hurry up and pass the extension.  Hopefully it will work.   But with the GOP House leadership in total disarray, that may be in doubt.

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Posted by wanswheel on Thursday, October 8, 2015 10:22 AM

It makes no sense Obama wants to keep the current deadline with all its disruptive potential intact. Anything his press officers say about PTC is said to keep the pressure up.

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Posted by Euclid on Thursday, October 8, 2015 9:31 AM
NorthWest

Not that this thread needs another bombshell tossed in, but this appears that it could be a big part of the story...

http://www.bloomberg.com/news/articles/2015-10-07/obama-won-t-support-extending-deadline-for-rail-safety-equipment

 

 
 
From the article:

President Barack Obama plans to enforce a deadline for rail operators to install safety technology by the end of the year, despite warnings from railroads including Union Pacific Corp. and Amtrak that they can’t meet the mandate and would have to suspend some service without an extension.

“Congress enacted this law, including the December 31, 2015, deadline, and we believe it is important that the Department of Transportation enforce the law that Congress passed,” Frank Benenati, a White House spokesman, said Wednesday, the day after lawmakers released a letter from Amtrak saying it might suspend some passenger service if the delay isn’t enacted.

House transportation leaders last week introduced legislation to extend the deadline for three years. House and Senate negotiators have been discussing ways to get the measure through both chambers. Benenati declined to comment on whether Obama would sign legislation extending the deadline because nothing has advanced in Congress.

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Posted by oltmannd on Thursday, October 8, 2015 8:53 AM

The thing that bugs me about some of this thread is that there's this insinuation that the RRs are:

a) arrogant and ignorant of supposed "off the shelf" technology

b) didn't really try to meet the deadline

From a somewhat inside view, I'd say a & b are pretty wholey false.

The RRs have taken this seriously and one of the reasons they chose a single, closed, proprietary system was because it greatly simplified system integration, particularly interoperability testing.

The RRs have geared up at a great rate trying to get suppliers to deliver equipment and find qualified employees and contractors to get stuff installed.

Yes, seven years is a long time, and the RRs would have been better off it they had taken a greater interest in ATC in past decades, but generally, the RRs have acted in good faith and have pedalled as fast as they can go to meet the deadline.

In comparison, it took NS nearly 20 years to roll out a new train dispatching system (UTCS).  

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Posted by oltmannd on Thursday, October 8, 2015 8:41 AM

BaltACD

 

 
oltmannd

You can't require a locomotive engineer to take a train in cab signal territory if the cab signal signal system on the locomotive isn't funcitoning.  He's criminally liable if for all the bad things that may occur (remember Chase MD?).  

How are you going to force a locomotive engineer to take a non-compliant PTC train?

 

With my company's rules, Train Control must be tested and working at the Origin of the train (that is Origin of the train, not crew change location), there is a form on which the performance of the TC test is recorded for successive Enginemen to note if the engine was tested.  If the Train Control stops working while the train is in route to it's destination, the Train Control may be cut out and the train can continue to operate on wayside signals.  It must stop at Restricted Proceed signals and must get the Train Dispatchers permisson to enter that signal block.

While I have no idea how failure of PTC will be handled when PTC is implemented, there will have to be rules that will permit trains to continue to operate when having experienced PTC failure.

 

It will have to be similar.  There is a provision non-equipped trains in certain circumstances  - low speed transfer jobs, for example.  I would expect a failed en route would be similarly limited.

The key is that you can't start out without everything working.

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Posted by oltmannd on Thursday, October 8, 2015 8:35 AM

Chosing ERTMS instead of Wabtec I-ETMS wouldn't have changed a thing. The problem isn't getting the components designed, it's getting them all installed and getting the system integration done.

PTC exists and has worked in revenue service in a test environment.  The problems have been getting the software aligned with the rulebook and integration with back office systems, such as the dispatiching system (for movement authority creation and completion) and car reporting system (for data to feed braking algorithm)

All of this work would have to be done regardless of the system chosen.  

There is also the problem of building and installing all the hardware.

The FRA rules are pretty specific about what testing has to be done and they have to review each step along the way.

Failure to meet the deadline isn't because of the choice of the system as much as it is the scope of the project.

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Posted by oltmannd on Thursday, October 8, 2015 8:19 AM

Euclid
oltmannd You can't require a locomotive engineer to take a train in cab signal territory if the cab signal signal system on the locomotive isn't funcitoning.  He's criminally liable if for all the bad things that may occur (remember Chase MD?).   How are you going to force a locomotive engineer to take a non-compliant PTC train?   If that problem actually exists with the PTC law, the solution is to change the law so the engineer is not running a non-compliant train.  There is an obvious solution to this problem which will allow the railroads to keep operating, but retain the teeth to push the process of PTC along. 

That's pretty much what the extension does.  

No matter what, a bill needs to be passed and signed.

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Posted by schlimm on Thursday, October 8, 2015 7:15 AM

Buslist

 

 
schlimm

 

 
BaltACD

 

 
schlimm
tree68
schlimm

It's less a matter of the technology than the tools therein.  Getting locations for towers and necessary frequencies and bandwidth has been a major hurdle.  There is also the need to build a system that will be seamless nationwide (and potentially internationally).   Simply getting all vendors to speak the same language can be problematic.

It can take two years to get a single frequency here north of the "A Line."

The rails should take some responsibility for their choices for PTC.   Nobody mandated they use the new untested products they chose.

 

So what 'tested technology' existed the fulfilled the demands of PTC and was compatable with US operations.

 

 

 

You are the railroader.   Do the research for yourself.

 

 

 

 

 

Can't support your claims?

 

And there isn't any and don't ever fool yourself into thinking that ERTMS is it. Note how little deployment of that technology exists. A friend is NR's lead guy for ERTMS and all he can do is shake his head, nothing truly operable in the UK and little operable anywhere in 2008 when the US railroads had to choose a direction. ERTMS's wayside transponders are a nonstarter in the wide open spaces of rural America.

 

Interesting, but ERTMS has become the world standard because it works.

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Posted by erikem on Thursday, October 8, 2015 12:19 AM

schlimm

 2. 7 years is a long time, considering the working technology existed in part here and completely in Europe.  The moon landing was proposed in 1961 and fulfilled in 1969.  The Manhattan Project managed to build operable nuclear weapons in 3 years.

The moon landing had relied on a lot of that was done prior to 1961, work on the F-1 engine used on the Saturn 5 launch vehicles was started in 1958 by people who were fresh off designing the engines for the Atlas missile. There was also a lot of ogoing research into guidance and control systems.

The Manhattan Project benefitted from a lot of research that was being done in the 1939-1941 time frame, Lawrence was getting ready to demostrate electromagnetic enrichment of 235U on the eve of Pearl Harbor. The project also benefitted from a lot of people being forced from their land - the equivalent with PTC implementation would be yanking the licenses of entities using frequency space needed by PTC, telling the FCC to go pound sand about licensing the towers needed for the radio equipment, etc.

For something a bit closer to present time - how long has it taken the FAA to update the 1960's era Air Traffic Control system - which likely was based on the experience implementing SAGE.

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Posted by NorthWest on Wednesday, October 7, 2015 11:01 PM

Not that this thread needs another bombshell tossed in, but this appears that it could be a big part of the story...

http://www.bloomberg.com/news/articles/2015-10-07/obama-won-t-support-extending-deadline-for-rail-safety-equipment

 

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Posted by jeffhergert on Wednesday, October 7, 2015 10:50 PM

I think a lot of people think of ARES that BN tested back in the late 1980s.  That's why they think there was a system that could be implemented immediately.

http://www.designnews.com/document.asp?doc_id=228051&dfpPParams=ind_182,aid_228051&dfpLayout=article (it may not link direct, but ask to open in a new window)

Since it's been over 20 years since they discontinued it, would any of the technology be usable today?  We did go to the moon almost 50 years ago, but I don't think we could do it anytime soon now.

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Posted by Buslist on Wednesday, October 7, 2015 10:47 PM

schlimm

 

 
BaltACD

 

 
schlimm
tree68
schlimm

It's less a matter of the technology than the tools therein.  Getting locations for towers and necessary frequencies and bandwidth has been a major hurdle.  There is also the need to build a system that will be seamless nationwide (and potentially internationally).   Simply getting all vendors to speak the same language can be problematic.

It can take two years to get a single frequency here north of the "A Line."

The rails should take some responsibility for their choices for PTC.   Nobody mandated they use the new untested products they chose.

 

So what 'tested technology' existed the fulfilled the demands of PTC and was compatable with US operations.

 

 

 

You are the railroader.   Do the research for yourself.

 

 

Can't support your claims?

 

And there isn't any and don't ever fool yourself into thinking that ERTMS is it. Note how little deployment of that technology exists. A friend is NR's lead guy for ERTMS and all he can do is shake his head, nothing truly operable in the UK and little operable anywhere in 2008 when the US railroads had to choose a direction. ERTMS's wayside transponders are a nonstarter in the wide open spaces of rural America.

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Posted by Buslist on Wednesday, October 7, 2015 10:26 PM

schlimm

 

 
Buslist
Two of the best aerospace electronics firms, GE Harris and Lockheed Martin couldn't produce a working system guess they just missed the tested technology part.

 

And that was the problem.  Should have used one of the companies experienced with rail control, not an aerospace outfit.

 

Companies experienced with rail control had no clue how to deal with the security protocols required to operate trains at 99.99999% reliability (FRA requirement) via radio signals.

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Posted by schlimm on Wednesday, October 7, 2015 10:08 PM

Buslist
Two of the best aerospace electronics firms, GE Harris and Lockheed Martin couldn't produce a working system guess they just missed the tested technology part.

And that was the problem.  Should have used one of the companies experienced with rail control, not an aerospace outfit.

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Posted by Electroliner 1935 on Wednesday, October 7, 2015 9:34 PM

Just imagine a plaintif's lawyer suing the railroad and asking why they had not installed PTC as congress had mandated. If they had done as congress ordered, then the accident would not have happemed. Therefore they were negligent!  I ask for a directed guilty vertict.

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Posted by Euclid on Wednesday, October 7, 2015 9:26 PM
oltmannd

You can't require a locomotive engineer to take a train in cab signal territory if the cab signal signal system on the locomotive isn't funcitoning.  He's criminally liable if for all the bad things that may occur (remember Chase MD?).  

How are you going to force a locomotive engineer to take a non-compliant PTC train?

 
If that problem actually exists with the PTC law, the solution is to change the law so the engineer is not running a non-compliant train. 
There is an obvious solution to this problem which will allow the railroads to keep operating, but retain the teeth to push the process of PTC along.  That solution changes the law to mandate the installation of PTC according to a deadline; but does not make it illegal to operate without PTC.  In other words, the law is based on installation of PTC, as opposed to requiring PTC to operate trains.  
Therefore, fines would only be issued for failure to install PTC by the deadline, but not for operation of non-PTC complaint trains after the deadline.  If this were the law today (assuming that it isn’t), there would be no reason for railroads to shut down after the looming deadline if they are not compliant. 
This is because continued operation while non-compliant would not violate the law. The railroads would get to keep operating for the next three years of the extension, and the FRA would get to use fines to hurry the installation for the next three years of the extension. 
Actually, if this were the way forward, there may not be many fines.  I suspect that the fines have either been exaggerated or the need for them seems less necessary due the acknowledgement that the job of PTC has been underestimated. 
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Posted by Euclid on Wednesday, October 7, 2015 9:19 PM
Midland Mike,
I use the term “Congress,” only in terms of what it decides in the end.  In those terms, it is monolithic.  Blumenthal’s office did use the term “Congress” when referring to those positions that I listed above.  Actually, I doubt that everyone in Congress holds those exact views. 
In any case, those views about Congress disagreeing with the railroads’ legal interpretation that they must shut down, are not necessarily related to the views of whether or not an extension should be granted.  Obviously there are differing views on the extension, but that does not prove that there are differing views on the requirement of shutting down.  But, for that, I only have the views of Blumenthal and his assertion that they are shared by Congress.
I did not specifically ask whether Blumenthal opposes or favors an extension.  But I was told that it is Senator Blumenthal’s position that railroads out of compliance, but making a good faith effort, should not be fined.
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Posted by Deggesty on Wednesday, October 7, 2015 9:12 PM

tree68

 

 
schlimm
2. 7 years is a long time, considering the working technology existed in part here and completely in Europe.

 

It's less a matter of the technology than the tools therein.  Getting locations for towers and necessary frequencies and bandwidth has been a major hurdle.  There is also the need to build a system that will be seamless nationwide (and potentially internationally).   Simply getting all vendors to speak the same language can be problematic.

It can take two years to get a single frequency here north of the "A Line."

 

I find it quite interesting that matters presented in the above quotation are ignored by the posters who say, in effect, that it is entirely the railroads' fault that PTC is not fully operational on all the lines that need it.

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Posted by tree68 on Wednesday, October 7, 2015 9:07 PM

schlimm
The rails should take some responsibility for their choices for PTC.   Nobody mandated they use the new untested products they chose.

The railroads could have chosen an "existing technology."  But the problem of securing frequencies and tower locations (and issues of the like) would have still existed.  We're trying to put in a new public safety radio system here, and will end up buying frequencies from existing license holders.  That takes time, in addition to costing very real cash.

So, too, the simple logistics issue of getting tens of thousands of copies of the locomotive equipment necessary, as well as all of the lineside equipment, and getting it installed is a very real issue.  And getting the locomotive equipment installed in rolling stock that is in use on a daily basis.

Even the GAO, generally regarded as an impartial body, has said the current deadline is unworkable.  

While some footdragging is possible, and maybe even likely, by all indications the railroads have been working toward the goal.  

 

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Posted by MidlandMike on Wednesday, October 7, 2015 8:57 PM

Euclid, as readers of Fred Frailey's blogs know, Sen. Blumenthal and a few others were not happy that the railroads would not meet the deadline, so everyone knew there was another side.  The problem is that you and Sen. Blumenthal's office use the same rhetorical device, that you see "Congress" as like a monolithic entity.  However, Bluemthal's people do not seem to speak for the whole Senate, which passed a transportation bill containing a deadline extension, with almost a 2/3 majority.

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