Legislation introduced to allow Amtrak to sue freight railroads for delays

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U.S. Reps. Brendan Boyle (D-PA), Chris DeLuzio (D-PA) and LaMonica McIver (D-NJ) introduced legislation this week that would allow Amtrak to sue freight trains over delays to passenger service.

The legislation, the Rail Passenger Fairness Act, would allow Amtrak to sue freight railroads in federal court when freight trains do not follow current law requiring them to provide preference to passenger trains operating on their rail lines. If passed, the law would help Amtrak reduce delays, hold freight railroad corporations accountable and save public money, the law makers said.

“Pennsylvanians and passengers all across the country count on trains to get them to work, to see loved ones, and to keep our economy moving,” Boyle said. “But too often, freight train interference leaves riders stuck on the tracks and late for where they need to be. This bill is about making sure our trains run on time. By holding freight railroads accountable, we can improve service, save taxpayer money, and give passengers the reliable rail system they deserve.”

In 1973, legislation was passed that mandated intercity and commuter passenger rail were given preference over freight railroads when using a rail line. Despite being on the books for more than 50 years, freight railroads continue to ignore their legal obligations to give Amtrak preference, the law makers said. The disregard of the law means freight train interference causes the majority of Amtrak’s delays, amounting to more than 900,000 minutes of delay for Amtrak passengers. The Rail Passenger Fairness Act would provide Amtrak with a means to ensure freight railroads uphold the law and eliminate delays across the country, they said.

“In nearly every industry, big corporations are taking advantage of people—breaking the rules or rigging the system to boost their bottom lines while making life worse for all of us,” DeLuzio said. “Big railroads have been breaking the law and slowing down passenger rail with illegal freight train interference for far too long: we need better ways of enforcing the law.”

The legislation is supported by the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART-TD); the Transportation Communications Union (TCU); and the Rail Passengers Association.

“As the union representing most of Amtrak’s customer-facing employees, the #1 complaint our members hear is this: ‘where is the train?’ On-time performance is crucial to attracting riders to any transportation service,” Greg Kocialski, TCU National Secretary Treasurer and 30-year Amtrak employee said. “People are happy to ride the train, but they need to know that it will depart and arrive on-time. Nobody wants – nor can they afford – to ride a train that’s hours late. And since most Amtrak trains run over freight owned and operated track, it’s on the freight railroads to make sure our trains arrive and depart on-time.”