APTA Passenger Rail Issues/Positions for the 110th Congress Approved by APT A Executive
Committee November 16, 2007
1. Funding
Establish a National Policy and Direction for Rail (Commuter/High-Speed/Intercity Networks):
· Rail passenger service in the United States is in the midst of a renaissance at the local and regional level, yet is facing critical policy decisions at the national level. The development of commuter rail and other passenger service merits support and must become a focus at all levels of government. APT A supports investment in the overall growth of the rail passenger industry, which includes urban rail, commuter rail, high-speed rail, and intercity rail.
Rail is a Maior Part of America's Transportation Capacity Shortage:
· The United States is facing a severe shortage of transportation system capacity in all modes, including highways, public transportation, aviation, ports and passenger and freight railroads. America's freight rail and passenger rail systems have long lacked the attention of other modes and are ready to help meet the growing demands of America's economic future. Added capacity for both freight rail and passenger rail is needed in a comprehensive approach to enable economic growth. Partnerships between freight rail operators and passenger rail operators must be encouraged to develop mutually beneficial policies and programs. Public fmancial support of freight carriers must be accompanied with provisions that will similarly support expanded capacity for passenger services in common corridors. As a condition for public assistance and/or tax investment credits for private railroads, any additional rail capacity funded through such programs would need to provide a "public benefit" including rail passenger service. This could come via additional access, high levels of on-time performance and other efforts to enhance passenger rail operations.
Legislative Principles are as follows:
Passenger Rail Investments:
A. Given severe constraints on airport capacity, airspace capacity and the need for highway alternatives, public policy must steer passenger trips in the 200-500 mile range to high-speed rail, with connections to other public transportation services.
B. There must be a federal capital program to support high-speed/intercity rail. States must have the ability to leverage their intercity passenger rail investments through a capital program with federal match.
C. New sources of investment for high-speed/intercity rail must not compete with traditional funding for transit.
D. Federal tax credit bonds should be explored as a potential tool for financing high-speed rail projects.
E. Other funding and fmancing mechanisms should be considered to encourage public-private partnerships including tax-exempt bonding, federal loan guarantees, carbon credits, and other innovative finance mechanisms.
National Passenger Rail System, with Complimenting High-Speed Corridors:
A. Investments for all types of rail passenger service must come from a combination of federal, state and local sources. Amtrak or any successor of Amtrak should be on a stable base that enables state supported corridors to improve services. States and commuter rail operations must not be required to fund the existing base of service. Additional state and local funding must be viewed as a supplement to, and not a substitute for, existing levels of federal commitment.
B. The current Amtrak system is an essential national network that is needed to support current operations and future development of high-speed/intercity rail and commuter services. Any changes to Amtrak's institutional structure must protect the integrity of the network and honor existing contracts with commuter rail and other rail passenger service agencies.
C. Amtrak must be fully supported pending completion of legislation to address comprehensive intercity passenger rail needs.
D. Competition must be encouraged as future models are considered.
E. Increased service in high-traffic regional corridors is a key transportation strategy for America's future.
National Energy and Environmental Policy Must Encourage Rail Passenger Service:
· Development of expanded rail passenger choices and capacity must be a core strategy in national efforts to reduce dependence on foreign oil and reduce global-warming greenhouse gas emissions. Both energy legislation and climate change legislation now being considered by Congress must include provisions to encourage expansion of rail passenger services.
2. Improved Operating Efficiencies
Arrest Escalating Liability Costs:
· Escalating liability insurance costs threaten the growth of rail passenger services, particularly in corridors owned by freight railroads. The $200 million liability limit needs to be clarified in federal law to eliminate excessive requirements by freight railroads.
Establish Federal Procedures for Access to Rail Freight Corridors:
· Congress should establish a federal process to help resolve rail access issues involving freight railroad rights-of-way. As currently exists for Amtrak and for shippers, commuter and other passenger rail agencies need a process to allow projects to advance in accordance with fair and reasonable terms.
Establish Federal Procedures for Co-Mingled Operations:
· The Federal Railroad Administration should establish a pilot program to allow light equipment to operate on the general railroad system when it can be demonstrated that co-mingled operations can operate as safely as conventional approaches.
· New regulations should permit lighter equipment to be used for passenger rail operations with appropriate crash avoidance systems.
Accessibility:
· Consistent direction is needed in order to properly fulfill requirements of the Americans with Disabilities Act relative to rail systems. The process to develop such consistent direction should engage all stakeholders and allow both new and existing rail systems to move forward on design.
3. Safety and Security
Rail Safety Starts at Home:
· Rail safety is a top priority for APT A rail operators. Any reauthorization of the Rail Safety Act should encourage performance-based regulations and a positive safety culture within operating agencies, all of which serve to instill safety from the bottom-up, rather than from the top-down.
· Clarification is needed to establish that railroads operating in compliance with federal regulations shall be considered safe in their operations and pre-empted from local judicial and legislative authority over their operations.
· Additional investments need to be made in grade-crossing elimination and overall grade-crossing capital improvements.
· Provisions of the Rail Passenger Disaster Family Assistance Act are not appropriate for commuter rail operations, given the local nature of such services and that passengers do not register for trips.
Hours of Service Act Changes Must Recognize Unique Characteristics of Commuter Rail Operations:
· Commuter rail operations differ from rail freight operations in a number of significant ways. These differences need to be taken into account as Congress considers any changes to the Hours of Service Act. Unlike rail freight workers who often sleep wayside, commuter rail employees work locally, sleeping in their homes each day. The peak-period nature of commuter rail service means that workers sometimes need to work split-shifts and include limbo time in their work schedules. Changes to the Hours of Service Act must not alter these practices without careful study.
Keep Passenger Rail Riders Secure:
· APTA urges Congress to act decisively to increase [mancial support for passenger security. Public transportation systems and passenger rail operators are doing their part, but the federal government needs to be a full partner in the fight against terrorism. Attacks against U.S. citizens are clearly a federal responsibility and the federal government should increase its financial support for public transportation security improvements.
