right of way question of freight roads

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Midland Valley

Lead Service Attendant
Joined
Feb 14, 2005
Messages
408
Location
Dodge City, Kansas
If Amtrak is forced into bankruptcy by Bush, and has to cease operation, especially of the long distance trains, is the original agreement with the freight railroads still in effect, allowing private carriers as opposed to Amtrak, to opperate on their rights of way or will they have to attmept to renegotiate, (on their own) new agreements? Will there be any leverage to make the freight roads negotiate with new carriers? It is my hunch that as they are in the business of hauling freight with limited space on many routes, they will see this as their chance to totally get out of the passenger business.
 
Reading the first part of that case, it seems the issue was pass privileges for railroad employees traveling on Amtrak, and not the right of access to freight lines for passenger trains.

Granted, I didn't read the whole thing (too long, not enough time), but the brief bits I saw indicated that it is not directly related to the question being asked.
 
Though the link does not directly address the access question, it has lots of interesting background and footnotes to the relevant acts. I herewith freely quote from the link and it footnotes, which are primarily from the 1970 act that eventually formed Amtrak, as I insert [comments and clarifications] in square brackets. Note the last paragraph…

“From the middle of the 19th century, the railroad passenger coach played a significant and sometimes romantic role in American cultural and economic life. By the middle of this century, however, ‘this time-honored vehicle’ threatened to take its place in the transportation museum along with the stagecoach, the sidewheeler, and the steam locomotive. Whereas in 1929 about 20,000 intercity trains operated in the country, by 1946, there were only about 11,000 such passenger trains; by 1971, fewer than 500 passenger trains still operated. As cars, buses, and airplanes displaced the passenger railroads, those railroads that continued to provide passenger carriage incurred heavy and continuing losses. At the same time, as common carriers these railroads were bound to continue providing service until the Interstate Commerce Commission (ICC) or state regulatory authorities relieved them of this responsibility. Given the tremendous operating losses, many of the remaining handful of railroads operating passenger coaches sought ICC permission to discontinue passenger train service.

“The Rail Passenger Service Act of 1970 … was enacted in an attempt to revive the failing intercity passenger train industry. For this purpose the Act established the National Railroad Passenger Corporation (Amtrak), a private, for-profit corporation, authorized to operate, or contract with private railroads for the operation of, intercity rail passenger service. [Profit was allowed but not required in the 1970 Act.] Most private railroads offering such service entered into ‘Basic Agreements’ with Amtrak, and thereby, as provided by the Act, shed their intercity rail passenger obligations.

“Although there are numerous commuter rail operators in the United States, Amtrak is the sole provider of intercity passenger rail transportation. Formally known as the National Railroad Passenger Corporation, Amtrak was created by the Rail Passenger Service Act of 1970. Prior to Amtrak’s creation, passenger service was provided by the nation’s freight railroads. In return for government permission to exit the passenger business, freight railroads donated intercity rail passenger equipment to Amtrak and helped capitalize Amtrak with significant cash payments.

“With the prospect of relief from the hundreds of millions of dollars in annual losses associated with passenger operations, freight railroads agreed to awarding Amtrak guaranteed priority access to the privately owned U.S. rail network, with Amtrak’s access fee limited to the incremental costs (e.g., track maintenance, administration, and emergency services) that freight railroads incur for passenger rail service.
 
Well, I think I see where they are saying that Amtrak or the National Railway Passenger Corp. is the entity which is authorized to deal with in negotiations and agreements. I won't quote chapter and verse though; it was a little legalese. Thanks for the information for sure.
 
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