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Delaware Valley Rail Passenger Vol 12 No 05
The Delaware Valley Rail Passenger
May 1994
Vol. XII, No. 5
ISSN 1073-6859
Published by the Delaware Valley Association of Railroad Passengers in the
interest of continued, improved, and expanded rail service for the present and
potential railroad and rail transit passengers of southeastern Pennsylvania,
southern New Jersey, and nearby areas.
For more information about DVARP and good rail service, please contact us:
P.O. Box 7505, Philadelphia, PA 19101
215-222-3373
<mmitchell@asrr.arsusda.gov> or <73243.1224@compuserve.com>
The electronic edition is produced as a public service to the network community.
It is archived on the CUNYVM Listserver in the RAILNEWS directory. An index of
back issues is available by sending INDEX RAILNEWS to LISTSERV@CUNYVM. Thanks
to Geert K. Marien (GKMQC@CUNYVM) for maintaining this archive! If you have
comments or questions, please contact us, not Geert!
The DVRP is also archived on these FTP servers
wuarchive.wustl.edu, directory graphics/trains/text or graphics/trains/incoming
hipp.etsu.edu, directory pub/railroad/dvarp (Thanks to Bob Weir)
Volumes X (1992) and XI (1993) are on floppy disk for $4.00 each from DVARP.
We hope you consider joining DVARP; your financial support makes possible
this newsletter and our many other activities on behalf of rail and transit
passengers. Annual dues are $15.00. see the coupon below.
Contents copyright (C) 1994 DVARP, except photos (C) 1994 credited photographers
Opinions expressed in The Delaware Valley Rail Passenger are not necessarily
those of DVARP or its members. We welcome your comments: call 215-222-3373
DVARP President: Chuck Bode Newsletter Editor: Matthew Mitchell
Production Manager: Tom Borawski
for other officers and committee chairs, see page 15
**Schedule change alert: NJ Transit rail schedules change May 23.
New SEPTA commuter rail and Amtrak train schedules in effect this month.
contents:
use the search function of your word processor to find articles
##A Where We Stand: How to Run a Good Commuter Rail Service
##B Editorial: Renewing Cities, Renewing Transit
##C DVARP Endorses SEPTA Budget
##D Capital Budget Hearing This Month
##E DVARP Leads Petition Drive
##F PennDOT to Lease Harrisburg Trains
##G On the Railroad Lines...
SEPTA Commuter Rail Schedule Change Highlights
Wednesday Night Promotion Back
Single Car Problem Solved by MBTA?
##R1 Date Set for U. City Station
##R3 Rebuilding Update
##R5 Zoo-Overbrook Speedup
Reduced Service to Continue
Parkside Seeks 52nd St. Reopening
##R6 Stony Creek Ribbon of Fire
##R8 New Mid-Day Schedule
MontCo OKs Station Projects
##PATCO Man Electrocuted at 8th St.
##BSS The Phils Need Your Help
##LRD Route 10 Tracks In the Drink
##STD End of an Era
More Work on 100
Info Booths Return
##CTD Trackless "Commitment"
##H Important Meetings on Northeast Transit
##I Crime Blotter Dept.
##J Tourist Line in Trouble
##K ETR Survives Again
##L DVRP Mail Woes
##M Computer Corner: IndARP, World-Wide-Web On Line
##N FTA Report Unflattering to SEPTA by John Pawson
##O Railroading and the Law: What is FELA? by James S. Morgan
##P Amtrak News
Amtrak Ups Fares 2.5%
Sunset Follow-Up
Metroliner Perks
Long-Distance Commuting a Bit Easier
##Q Auto-Entitlement Starts at the Top
##R The Hidden Subsidies: The Subsidy Season
##S News about DVARP and other Organizations
Sept. DVARP Meeting May Shift
See us in Mount Airy
DVARP Gets Incorporation Assistance
IEEE to Tour CETC
NJ-ARP to Meet in Princeton, Lind'wold
Congratulations NJ-ARP Newsletter Report!
##T Up and Down the Corridor
Post-Post Office Moves?
Feds Intervene in LIRR Dispute
Should've Known Better?
Collision on Shore Line
Metrocard Teething Problems
More NJT Expansion Possibilities
##U Dates of Interest
##V DVARP Phone & Voice-mail Directory
##W Upcoming DVARP Meetings:
##X Agenda for the May meeting:
##Y Committee Meetings:
DVARP Membership Coupon
Yes, I want to support improved passenger train service in our region!
Here are my DVARP membership dues for 1994! 5/94
Name Membership Number
Address
City, State, Zip
Please choose a membership category below, enclose check and mail to:
DVARP, PO Box 7505, Philadelphia, PA 19101
( ) Regular: $15.00 ( ) Family: $20.00 ( ) Supporting: $25.00
( ) Sustaining: $50.00 ( ) Patron: $75.00 ( ) Benefactor: $100.00
( ) under 21 or over 65: $7.50
##A Where We Stand: How to Run a Good Commuter Rail Service
A letter from DVARP to NARP Executive Director Ross Capon, responding to
his request for suggestions to be presented to the APTA Commuter Rail
conference, last month in Chicago.
<quote>Dear Mr. Capon;
Thank you for requesting suggestions about what makes for successful
commuter rail operations. DVARP submits the following suggestions.
1. The focus has to be on the passenger-not on the consultants,
construction companies, politicians, and agency administrative staff.
2. Service has to be fast (time-competitive with the automobile) and
reliable.
3. Station and on-board personnel have to be courteous and considerate.
4. Negative experiences have to be eliminated. Vagrants in stations,
surly employees, insensitive managers, and vandalism of parked cars
drive away passengers.
5. Both traditional and reverse commuter markets need to be served.
6. Recognition that new technology and changed conditions allow for
simplification or elimination of traditional procedures, regulations and
institutions which presently serve mainly to increase costs and thus
fares.
7. Intermodal connections at stations should include suitable facilities
for transferring passengers to wait for their second vehicle. Also at
stations, a significant segment of the population, the elderly, is
presently excluded from commuter rail systems by elements such as the
high step to board.
8. APTA could provide a useful service by researching factors that
affect ridership so that the operating agencies could concentrate
efforts on the most productive factors for their service objective.
(maximum passengers, maximum passenger miles, maximum revenue, or
maximum farebox to subsidy ratio)
[list of factors omitted]
9. APTA could also encourage minimum service standards and provide a
quality certification to systems that passed an annual evaluation of
operations including a peer review.
[signed]
Charles Bode
President
<end quote>
In a nutshell, public transit operators need to recognize the realities
of the marketplace, and win customers by providing an attractive
service, instead of expecting the customers to come to them.
Unsuccessful commuter railroads exhibit lax attitudes in everything from
scheduling the trains to taking the tickets. The winners know they need
to deliver good service every day in order to keep their customers, and
get new customers to give up their autos-MDM
##B From the Editor's Seat:
Renewing Cities, Renewing Transit
In Washington last month, Mayor Rendell gave a compelling address on the
state of our nation's cities. The Mayor received praise for pointing
out the root causes of the loss of jobs and taxpayers to suburbs and
rural areas and acknowledging that more and more subsidies won't solve
the problem.
In a lot of ways, the state of cities and the state of public transit
are alike. We have perversely made it cheaper for developers to build
on 'green fields' farther and farther away from the hubs of commerce,
dependent on subsidized roads for everything. (see "No Free Ride:" this
column, Dec. 1993) Then we've had to pour billions of dollars into
urban renewal programs to try to create jobs in the cities. Because we
subsidize the suburbs, we have to subsidize the cities.
Mayor Rendell correctly stated that the cities have to fix the things
under their control first; and he's doing so in Philadelphia, getting the
cost of government under control and establishing a new covenant with
the citizens. Transit operators must do the same. They must eschew
patronage and pork, and get the greatest economic return on each dollar
of public investment.
But at the same time, state and Federal authorities must acknowledge
that the economic playing field has been tilted for decades: towards
suburbs and roads, away from cities and rails. That imbalance has to be
redressed if we really are to have a free market for transportation in
our country.
Public transit and cities depend on each other for survival. Cities put
the mass into mass transit, while transit makes the city's economic
synergy possible. The decline of mass transit ridership is in part due
to the decline of downtown areas as destinations. We who want to see
America freed from its bondage to the single-occupant automobile need to
also work for the survival and renewal of American cities.
Where should we start making both cities and transit the place to be in
the '90s? With restoring civility and order in downtown areas. Fear of
crime is what keeps many shoppers and visitors away, and while the real
crime statistics may be down, the perception won't go down if city
streets and train stations appear dirty and chaotic.
It's going to take some real effort to reverse the perception; and it
ought to start with vigorous enforcement of rules designed to keep city
streets and train stations orderly places. I'm not talking Singapore
here, but when people know that little violations of the social order
will be punished, they have less fear of the big violations.
New Series
Besides "The Hidden Subsidies," which I talked about last month, the
DVRP is pleased to publish the first of another series of articles this
month: "Railroading and the Law." The goal of this series is to explain
some of the laws specific to railroads which have a significant impact
on the operation and finances of our passenger rail systems. While parts
of the articles may be rather technical, I think that lawyers and non-
lawyers alike will learn a lot from them.-MDM
##C DVARP Endorses SEPTA Budget
In the hearing last month, DVARP entered a statement supporting SEPTA's
proposed operating budget for fiscal 1995. (see April DVRP) The prime
reason for DVARP's support was the new focus on winning back ridership
at SEPTA, as evidenced by the reversal of service cuts and the
establishment of fare revenue targets for each division. The budget is
expected to be approved by the SEPTA Board as presented at the hearing.
But DVARP again reported on missed opportunities at SEPTA. Millions of
dollars could have been saved if SEPTA had implemented DVARP suggestions
included in past operating budget statements. Other suggestions would
improve SEPTA's accountability by providing better detail in the budget
document, and build ridership by improving service quality.
Some changes detailed in the new budget include:
*Continued reduction of claims costs by aggressive measures against
fraudulent claims.
*Increased light rail service and infrastructure repairs.
*Additional SEPTA Police officers and other security personnel.
*Additional personnel for bus maintenance.
*New fareboxes for surface vehicles
*Move of SEPTA offices to 1234 Market in spring 1995.
*Create a new set of service standards for the City Transit Division.
##D Capital Budget Hearing This Month
SEPTA's proposed FY 1995 Capital Budget and 12-year Capital Program was
released to the public last week. It will be the subject of a public
hearing to be held in the SEPTA Board Room Friday, May 20 at 10:00 am.
DVARP is at this moment analyzing the budget and developing a statement
for the hearing. A first look at the document revels few big changes
from past proposals. The sum total of capital needs identified by SEPTA
over the 12-year period is $4.5 billion; this year's Capital Budget
proposal totals $244 million, a realistic figure in light of projected
funding from Federal and state agencies. An additional $92 million is
identified as state capital budget items, including vehicle &
infrastructure repairs and environmental cleanups
SEPTA expects to purchase 200 new buses this year, and begin the process
of obtaining 70 trolleys for North Philadelphia. With RailWorks over(R),
less than two percent of the budget is designated for commuter rail
projects, though RRD will benefit from some of the multi-modal elements
of the budget. This should quiet the SEPTA critics who claim that the
agency shortchanges Philadelphia residents in favor of suburbanites.
The money goes where the needs are, and at this time, the biggest needs
are at both ends of the Market-Frankford el.
##E DVARP Leads Petition Drive
DVARP volunteers are going to downtown train stations bearing petitions
asking the Governor to "fully fund SEPTA and the other public
transportation agencies in Pennsylvania." We hope you've seen one of
them and signed the petition. Continuing subsidies to autos make it
hard for mass transit to compete effectively, and past imbalances in
transportation policy and funding have left a costly legacy of deferred
maintenance, like Frankford El reconstruction.
Increased investment in public transportation has a ripple effect
through the economy, starting with the creation of good jobs for
Pennsylvanians. Investment in transit instead of highways means cleaner
air, safer streets, and an improved quality of life for everyone,
especially senior citizens and others who can't drive or are unable to
afford a car.
You probably share those goals too; and it's easy to play a part in
realizing them. Just call DVARP at 222-3373, message box 4, and ask us
to send you some petitions. Then take the time you spend waiting for
your train, and ask your fellow passengers to sign. That really is easy!
##F PennDOT to Lease Harrisburg Trains
An amendment to the regional Transportation Improvement Plan is being
sought by PennDOT to increase funding for the Harrisburg Line
Improvements Project. Federal formula grants (and 20% state matching
funds) assigned to this project are to be increased from a total of $12
million to $16 million, to allow the leasing of two trainsets.
##G On the Railroad Lines...
Schedule Changes-Minor
New schedules took effect the first of the month on all SEPTA RRD lines.
Though few major changes in service were made, all riders are advised to
pick up the latest timetable and double-check their trains.
*SEPTA is nibbling away at service to some lightly-used stations like
Fishers (R7), Shawmont (R6), and Eddystone (R2); mostly early and late
in the day. Could this be a prelude to another SEPTA attempt to abandon
these stations? Last fall, SEPTA's plan to eliminate weekend service to
them was hastily withdrawn when SEPTA was reminded that their doing so
without a public hearing would be illegal.
*Late night service on weekends to Norristown and Warminster was
restored, but the curtailed weekend service remains on both sides of the
R3; those 1992 cuts were sharply criticized by DVARP.
*A few PM peak schedules to Wilmington and West Trenton have been slowed
down markedly: as much as six minutes.
Wednesday Night Promotion Back
SEPTA and the City of Philadelphia have again joined forces to encourage
people to shop, dine, and be entertained in Center City. They're
offering a $2.00 round trip on SEPTA Regional Rail Wednesday nights.
The promotional fare will only be valid on trains arriving or leaving
Center City after 5:00 pm. You must make a round-trip to qualify.
People coming into town before 5:00 cannot use the $2.00 ticket for out-
bound travel, but it will be good for inbound travel between
intermediate stops. Special tickets will only be sold at a few suburban
ticket offices and not in Center City; riders will be also be able to
purchase the special round trip on board without penalty.
Single Car Problem Solved by MBTA?
Rollsign reports that the MBTA appears to have found the answer to "a
mysterious problem that had been occurring on its commuter rail lines,
causing difficulties with the signal systems." The T suspects that
composite brake shoes-used throughout the railroad industry-are applying
a thin film on rail surfaces. The film decreases the ability of the
steel wheels to make electrical contact with the rails and shunt the
circuit.
##R1 Date Set for U. City Station
New timetables forecast a November 1994 opening date for the new station
at the Philadelphia Civic Center. R1, R2, and R3 trains will serve the
station, which is convenient to the big employers in University City
like the various hospitals.
*Airport line operations were cut back to Terminal A for a short period
April 14th, when a bomb-sniffing dog got excited about a box in an
airport concourse. The box contained cooked crayfish, not TNT.
*R1, R2, and R3 trains were all delayed during the morning rush hour
April 18 as the result of power problems. Some Media line trains were
annulled. As is often the case when something happens to threaten the
reliability of the train service, shuttle buses were used to protect the
Airport Line.
##R2 Another Trespasser Killed
Two Amtrak trains struck and killed a man crossing the Northeast Corri-
dor at Glenolden April 26.
##R3 Rebuilding Update
*Work is underway to repair the SEPTA station in historic Lansdowne,
which was badly damaged by fire last year.
*A SEPTA employee reports that a new catenary structure was installed
just south of Glen Riddle station. The track is being kept in service
for the General Crushed Stone quarry. Glen Mills and Westtown Stations
are occupied and in good condition.
*On Sun., April 24th crews were laying track at Morton-drilling for tie
plates and laying rail. Service was single-tracked from Secane.
Wawa Wants the Train
DVARP interviewed the property owner who lives next to the closed Wawa
station on the West Chester line. The owner said that the station was
causing him problems with teenagers using it as a party ground and
contractors using it as a dumping ground, but that tapered off when
SEPTA installed a barrier at the station entrance. He would welcome the
return of train service despite the increase in traffic to the dead-end
road which he shares with the station.
The station is now a collection of scattered bricks. The pedestrian
underpass appears to be severely deteriorated. It would probably be a
good idea to seal it shut.
##R5 Zoo-Overbrook Speedup
The three to four minute slowdown of outbound Paoli Line trains is over,
now that work on the new ground-level track past the R6 connection
(Valley) is complete.
Reduced Service to Continue
Three months after a fire gutted the signal tower at Bryn Mawr, work to
repair it is proceeding as planned. The interlocking will not be back
to regular service until mid-July, so the reduced number of rush-hour R5
trains will continue until then too.
Watch Out!
One consequence of the removal from service of one of the Main Line's
four tracks and of the Bryn Mawr tower fire is that more Amtrak trains
(and SEPTA expresses too) are running on the outside tracks. These
trains do not always blow a warning whistle when nearing stations.
Riders waiting for Paoli Line trains, and any other train too, should
always stand back from the tracks until their train arrives and comes to
a complete stop.
Parkside Seeks 52nd St. Reopening
The Parkside Association has proposed the restoration of the commuter
rail station at 52nd Street as part of the economic revitalization of
the area, which has been designated as a state enterprise zone, accor-
ding to the Inquirer. The elevated station just north of Lancaster Ave.
saw its last train over a decade ago, and is in very deteriorated
condition. No response from SEPTA to this proposal has been reported.
North Wales Safety Program Underway
SEPTA began its promised program to teach North Wales youngsters how to
be safe around railroad tracks. (see January DVRP) According to the
Reporter, SEPTA Safety Officer Robert Allman previewed the program with
parents at North Wales Elementary.
Trespasser Killed on Doylestown Line
A 21-year-old college football star was struck and killed by a SEPTA
train April 10th while walking along an isolated section of track near
Delaware Valley College after midnight, according to the Inquirer. The
man was walking with a friend on the right-of-way when the train
approached. The friend managed to get away and was treated for shock at
Doylestown Hospital.
##R6 Stony Creek Ribbon of Fire
The recently reactivated Norristown-Lansdale freight line became a wall
of fire due to a overheated wheel bearing on a Conrail locomotive
igniting dry brush along the tracks, according to the Reporter. About
100 firefighters from 11 companies were involved in bringing the ten
mile blaze under control. The fire wreaked havoc on traffic as major
arteries like Route 202 were clogged with traffic from blocked roads
nearby.
##R8 New Mid-Day Schedule
A new daytime R8 schedule is in effect to accomodate track replacement
on the Chestnut Hill West Line. The half-hour frequency of service is
being maintained despite the heavy work being done.
MontCo OKs Station Projects
Six busy commuter stations in Montgomery County will be renovated in a
$2.5 million project recently approved by the county. The County and
SEPTA will split the cost 50/50. First on the list for work beginning
this year are DeKalb St. Station (the R6 section of the Norristown
Transportation Center) and the R3 Philmont station. Merion and Oreland
will be worked on in 1995, and Elkins Park and Wynnewood in 1996.
##PATCO Man Electrocuted at 8th St.
A New Jersey man who had wandered off the platform and onto the tracks
was killed at the 8th Street PATCO station when he touched the third
rail, which is electrified at 600 volts. A PATCO worker discovered the
body during routine maintenance.
##BSS The Phils Need Your Help
The Phillie Phanatic handed out "excuse notes" to Suburban Station
passengers the morning of April 19, so those people could get away from
work and catch the subway to the afternoon ballgame. SEPTA operates
express trains to and from Pattison Ave. for every Phillies game. With
high parking prices and heavy traffic, it makes sense to park at a SEPTA
station and take the train.
##LRD Route 10 Tracks In the Drink
A water main break near Girard Ave. (between 51st and 53rd) affected
Route 10 track which was already heavily deteriorated. DVARP will be
monitoring repairs made in the area for its "Eye on the Infrastructure"
series.
##STD End of an Era
Microchips have finally replaced the chewing gum and baling wire long
used by the artisans of the 72nd Street 'Bullet Shop.' Barring
unforeseen problems with the N-5 fleet, the CTA and Market-Frankford
trains have seen their last days on the Norristown High-Speed Line.
The Chicago cars, purchased for the scrap value of $250 each, were
expected to only be needed for a few months. Instead they ran for five
years. The work done by STD maintenance, operating, and management
personnel to keep rail service going on the one-of-a-kind line deserves
high praise.
Now the rest of SEPTA and its customers can benefit from this experience.
The new cars are filled with high-tech electronic equipment, which will
require different maintenance people with different skills. The
'Bullet' crew could apply their mechanical talents to the Market-
Frankford El cars in the two to three years left before the new cars
arrive. After that, they can extend the lives of RRD's Silverliners.
Or maybe we could turn them loose on the remaining SEPTA PCC trolleys.
I'll bet they could make it cost-effective to keep the PCCs rolling.
More Work on 100
The first section of the new NHSL cab signal system has been cut into
service. The system transmits maximum speed information via track
circuits to an automatic speed control system in the N-5 cars. The rest
of the system should be switched on soon. Information will be
transmitted to riders, too, but not through the rails. Station PA
speakers will be installed starting this fall.
Meanwhile track and signal work is requiring off-peak single-track
operation at various times. Mid-day and weekend riders should be ready
for minor delays.
Info Booths Return
SEPTA has reopened its customer service offices at 69th Street Terminal
and Norristown Transportation Center, both of which had been closed well
over a year for budgetary reasons. The hours at 69th St. are Monday
through Friday, 6:00 am to 6:00 pm and at Norristown 7:00 to 3:00
Services provided there include processing of Senior Citizen Transit ID
cards, lost & found, and route and service information.
Red Arrow Notes: The John A. Robbins Co. should enjoy increased business
at the West Goshen Shopping Center it manages. They have invited
SEPTA's Route 117 bus to stop there. A welcome change from short-sighted
businesspeople who are saying no to public transit.
##CTD Trackless "Commitment"
In response to a DVARP question in Operating Budget meetings, SEPTA has
supplied a document discussing the timing of the contract for replacing
wires over Frankford Ave. Restoration of trackless trolley service on
routes 59 and 75 is going to have to wait until that section of the
Frankford El is redecked, which won't be until mid to late 1995.
However, the contract for the wire work has already been let, a
strategic move to take advantage of current low construction costs, and
also to give the contractor extra time to work out any problems.
The end of the memo contains some good news for Northeast neighbors:
"Our commitment is to get these trolley wires installed, and hence
reinstate service on routes 59 and 75 as soon as possible." A
commitment like this, backed up with signed contracts, is an important
tool for rebuilding SEPTA's credibility with the public.
City Transit Notes: A Federal grant for the $24.2 million conversion of
the former Midvale-Heppenstall steel plant to a bus garage was recently
announced. The plant is in lower Germantown.
*SEPTA has proposed a minor rerouting of Route J in Germantown, to get
the buses off a very narrow street.
##H Important Meetings on Northeast Transit
The Philadelphia City Planning Commission is holding a pair of informa-
tional workshops to get an idea of the transportation preferences of the
residents of Northeast Philadelphia. The meetings will take place
Wednesday, May 11 at the Klein Branch-JCC at Red Lion Rd and Jamison
Ave. and Thursday, May 12 at St. Martin of Tours, 5450 Roosevelt Blvd.
at Oxford Circle. Both will be from 4:00 to 8:00 pm.
Coalition to hear Gambaccini, Borski
The Area Coalition for Transportation is meeting on May 2 to be briefed
on SEPTA's budget and the state of Federal funding for mass transit.
Joining SEPTA GM Lou Gambaccini in the presentation will be U.S. Rep.
Bob Borski (D-Phila.).
Annette Gambaccini, R.I.P.
DVARP expressed its condolences to SEPTA General Manager Louis
Gambaccini on the loss of his wife Annette last month. Mrs. Gambaccini
was extensively involved in community affairs, as well as in the affairs
of the Gambaccini's six children.
##I Crime Blotter Dept.
A South Philadelphia shopkeeper was nabbed in a sting operation by SEPTA
Police, who caught her illegally buying and selling school tokens.
While the Inquirer offered a sympathetic portrayal of the woman, we must
note that what she is accused of doing is stealing, just as if she
picked pockets or intentionally short-changed a customer.
According to police, who acted on a tip, Betty Rizzo took school tokens
from local kids for 75 cents each as payment for candy and snacks, then
resold the tokens to grown-ups at a 15 cent profit. The School District
of Philadelphia subsidizes the cost of the tokens, so every time one of
them was used by an adult who was not entitled to do so, the
schoolchildren and taxpayers lost money. Not exactly a victimless crime.
*A SEPTA employee was assaulted at 69th Street when he spotted a vandal
doing his dirty work after closing time. The employee managed to defend
himself with a mop; the culprit was arrested.
*Former Congressman Peter Kostmayer was robbed by two Delaware County
teens while waiting for the train at Devon the night of April 2.
Swiftly responding to the call, Radnor police caught the suspects.
##J Tourist Line in Trouble
The Chadds Ford and Brandywine tourist railroad was shut down by the
Federal Railroad Administration after it was learned that CF&B had
shifted its passenger-hauling operations to tracks of the SEPTA-owned
Octoraro Line. The Octo is classified as "excepted track" by the FRA,
which means that passenger trains must not operate on it. To be
approved and put into one of the six FRA classes, tracks must be
inspected and meet specific standards for materials and alignment.
##K ETR Survives Again
Opponents of employer trip reduction mandates failed again in having the
state regulations thrown out. The U.S. Environmental Protection Agency
dismissed a Penjerdel Council challenge of the air pollution readings
tripping the Clean Air Act requirements, saying that the Penjerdel
readings were taken using a faulty method.
##L DVRP Mail Woes
Many readers have recently been receiving their Delaware Valley Rail
Passenger later than they have been accustomed to. While some of the
fault its ours, we have learned that the present size of the newsletter
makes it unable to be handled by automated equipment at the Post Office.
The mail requiring manual sorting gets delayed, so we will try to rework
the format into something which can be handled as efficiently as
possible. In the meantime, please bear with us and the P.O., and if you
have suggestions or comments about our format, please drop us a line.
-MDM, TB
News compiled by Matthew Mitchell and correspondents: Chuck Bode,
Howard Bender, Tom Borawski, Betsey Clarke, Lucia Esther, John Hay,
Regina Litman, Bob Machler,Mike McEnaney, James Morgan, Don Nigro,
John Pawson, William Ritzler.
Additional news from BITNET, Boston Street Railway Association, Conrail
Newswire, KYW Newsradio, Lansdale Reporter, New York Times, Passenger
Transport, Philadelphia Inquirer, USENET, Washington Post.
Special thanks to J. Thomas Collins and Frank Gormley of SEPTA
The Delaware Valley Rail Passenger is a charter member of the Rail
Online Newswire.
##M Computer Corner: IndARP, World-Wide-Web On Line
DVARP welcomes Indiana ARP to the world of networked passenger
organizations. Paul Arden, IndARP Secretary/Treasurer, can be reached
at <pda@aol.com>. Arden is also an Amtrak employee.
Two new servers use the 'World-Wide-Web' to tie together rail-related
information from all over the world. The Web is an enhanced universal
menu-driven interface based on the 'hypertext' concept of clicking a
cursor on a word to go to information relating to it. The documents can
connect you to gophers with train schedules (including SEPTA), FTP sites
with pictures of trains and back DVARP newsletters, and other
interesting things.
To get to these pages, point your browser program to:
http://gpu.srv.ualberta.ca/~ybeaudoi/Virtual_Railroad/home.htm
##N FTA Report Unflattering to SEPTA by John Pawson
Annually. the Federal Transit Administration provides a volume which
compares the various public transportation systems of the country. Both
systemwide and modal statistics are given. The reason for the latter
is that there are inherent cost differences among transportation modes.
The widespread modes are motor bus, rapid transit (e.g. the subway-
elevated lines), commuter rail, and light rail transit (City Transit's
five present lines and Red Arrow's three.
A DVARP member has furnished us with the latest (fiscal year 1992)
figures in the most important parameter, total operating and maintenance
cost per passenger mile.
Operating & Maintenance Motor Rapid Commuter Light Rail
Cost per Passenger-Mile Bus Transit Rail Transit
SEPTA 58c 32c 44c 60c
30 largest operators 49c 33c
U.S. average 25c 25c
Several observations can be made. Beginning with the U.S. averages, it
is interesting that rapid transit is not the most 'efficient' U.S.
publication mode in terms of unit cost, contrary to the belief of many.
Nationwide, both the commuter rail and light rail transit modes exhibit
a per-passenger-mile cost that is one-quarter lower than the average of
U.S. rapid transit systems.
However, rapid transit is the only mode operated by SEPTA of the four
which compares favorably with the U.S average. A likely major cause is
SEPTA's relatively compact rapid transit network, which unlike some sys-
tems is confined to areas of high population density.
SEPTA's bus systems cost about 18% more to run than the average large
U.S. system. The commuter rail system costs 76% more than the average.
The LRT lines cost 140% more. Relative standards of passenger comfort
aside, these comparisons alone should give pause to those who would re-
place our commuter trains with buses or trolleys.
Another major economic parameter is 'cost recovery,' the percentage of
operating, maintenance, and depreciation costs that fares are able to
cover. RRD's 1995 budget calls for a 38% cost recovery. By contrast
Metra [Chicago's commuter rail operator] is required to operate at a 55%
recovery.
Reflecting RRD's unfortunately high costs and low cost recovery are
several important non-economic parameters. For instance, average train
speed here (a measure of service attractiveness) is only about 23 mph,
compared to a national commuter rail average of about 32 mph. The
average on-time performance (another measure of attractiveness) here is
in the low-90% range, while other operators (who schedule more tightly)
consistently do better.
The average length of journey here has been about 14 miles for years.
National average is now 22 miles and growing. There are economies of
scale in carrying passengers longer rather than shorter distances. The
average number of passengers aboard RRD trains is about 76, while most
other commuter rail systems average well above 100 passenger-miles per
train-mile. Many RRD trains carry fewer than a dozen passengers, a
diseconomy of scale.
Behind the scenes, the RRD has taken much criticism over the years be-
cause of all these low efficiency figures. However, converting an RRD
line to trolleys or rapid transit would only make those figures worse.
Much as some would like to see rail vehicles stopping at every grade
crossing every ten to thirty minutes, such operation outside the densely-
populated, non-car-owning urban core would be unrealistic. At peak
times, it would even overtax rail line capacity. Perhaps new short-
distance passengers would be attracted (diverted from transit), but
long-distance, car-owning passengers would see worsening service.
We already have transit to serve short-haul travel needs of those who
would accept relatively low speeds. The commuter rail mode should
operate more in an express mode in order to make it more competitive
with the automobile. Indicated are numerous changes to raise train
speeds, improve on-time performance, etc. It should be recognized that
RRD service exists principally for peak hours (6-9 am and 3-8 pm week-
days) and that other operations are a secondary, "by-product" service.
Tailor off-peak schedules to recognized demand rather than with
arbitrary, rigid headways.
Properly combining such steps will greatly improve RRD's economic bottom
line. Doing this will make the Railroad Division less vulnerable to the
"anti-railroad" criticism of those who don't like or don't understand
the commuter rail mode and its position in the transportation
marketplace.
##O Railroading and the Law: What is FELA? by James S. Morgan
It is appropriate that I begin with an analysis of FELA, because it was
a dispute about the merits of the measure in a law journal which
inspired me to volunteer to write this series. Nonetheless,
understanding the dispute of whether FELA or Worker's Compensation would
be better for the railroads presupposes an understanding of the nature
of FELA, which this article covers.
Legal Citation: 45 U.S.C.A. sec. sec. 51 et seq. [read as Title 45 United
States Code Annotated Chapters 51 and subsequent] The voluminous
U.S.C.A. is available in law libraries and many public libraries.
Expansion: Federal Employer's Liability Act.
Constitutional Basis: FELA is based upon U.S. Const. Art. I Sect. 8 Cl.
3 [read as United States Constitution Article I Section 8 Clause 3]-the
Commerce Clause, granting Congress the power to regulate commerce with
foreign nations, among the states, etc.
The first Federal Employer's Liability Act of 1906 was held to be
unconstitutional. The current FELA is the second Federal Employer's
Liability Act of April 22, 1908. The current act has withstood numerous
constitutional challenges beginning in 1912.
Characterization: FELA is a comparative negligence statute which
abolished the defenses of contributory negligence, assumption of the
risk and the fellow servant rule for railroad workers injured within the
scope of their employment due to the negligence of officers and agents of
the railroads. To understand what this characterization means, it is
necessary to examine the nature and historical impact of the concept of
negligence in law, and then to develop the interrelated concepts of
contributory negligence, assumption of risk and the fellow servant rule
on the basis of examples.
Negligence-The Elements
A plaintiff wishing to establish defendant's liability based upon
negligence must establish four things, duty-breach of duty-causation-
damages. To give an example, let the speed limit be the duty, or
standard of care. If defendant exceeds the speed limit, there is breach
of duty, if he injures plaintiff and wrecks his/her car (damages)
because he collided with plaintiff's car when he was unable to stop in
time (causation), the remaining elements are established.
Duties, or standards of care, may be established by statute, as in the
case of speed limits, as also in the case of statutes regulating
railroad safety, such as boiler inspection laws, laws requiring brakes
operated by the engineer, and the hog out laws, restricting the number
of consecutive hours train crews can work. Other sources of duty are
the ordinary reasonable person standard, and relationship, such as the
duty a common carrier owes its passengers, or the duties of property
maintenance landowners owe paying customers in business establishments
as opposed to social guests in contrast to trespassers.
Negligence-Its Historical Significance
At one time those who inflicted injuries based upon what was called
direct causality were held to a standard of strict liability. In the
19th century, courts began requiring that plaintiffs prove that the
injuries were the result of either intentional acts or of negligence on
the part of defendants in order to recover damages.
There is a controverted historical hypothesis according to which the
captains of industry used negligence to restrict recovery. In fact,
according to this view, industry would never have developed without the
imposition of the negligence standard, as businesses could never have
functioned profitably if they had had to pay damages for all the injuries
they directly caused. Whether this hypothesis is true or not, injured
railway employees suing for damages faced formidable defenses in the
interrelated concepts of contributory negligence, assumption of the risk
and the fellow servant rule.
Contributory Negligence
Contributory negligence bars recovery from defendant if negligence on
the part of plaintiff is in any way responsible for the damages. The
concept first appeared in an 1809 British case in which plaintiff's own
negligence to a great measure caused his own injuries. Nonetheless, in
the course of the 19th century, the scope of contributory negligence was
extended to the point that the slightest negligence on the part of
plaintiff acted as a complete bar to recovery.
Assumption of the risk should be familiar to any railfan who has ever
signed a release to gain admission to railroad property. The release
generally states that the signer will not hold the railroad liable for
injuries to the signer caused by the railroad's negligence, a provision
that courts will generally not uphold.
Assumption of risk can be difficult to distinguish from contributory
negligence. In a famous case, an individual with a pin in his leg
decided to take skydiving lessons, suffering severe injuries in his first
jump. Had the parachuting school insisted on a medical examination, the
pupil would have been rejected. Instead, entry to class was gained by
signing a release, which the court invalidated. The fellow servant rule
is a form of assumed risk. It simply means that if a worker is injured
through the negligence of another worker, he cannot sue the railroad.
In the famous 1841 South Carolina case, Murray v. South Carolina
Railroad, 11 S.C.L. 166 (1. McMul.) (S.C. 1841) the fireman was injured
when the locomotive struck a cow after being negligently operated by the
engineer. He was unable to sue because he was said to have assumed the
risk that other employees might be negligent when he went to work for
the railroad.
FELA and Comparative Negligence
While 45 U.S.C.A. sec.51 gives a good overall summary of the measures
introduced by FELA, 45 U.S.C.A. sec.53 specifically addresses the issue of
contributory negligence, while 45 U.S.C.A. sec.54 abolishes assumption of
risk with special reference to the famous fellow servant rule.
Comparative negligence displaced contributory negligence, meaning that,
if the employee's own negligence were in any way responsible for his
injuries, his award would be correspondingly diminished. In other
words, if damages came to $10,000, and the jury found that the injured
employee's own negligence contributed 20% to the occurrence of the
accident, his or her award would be reduced to $8,000.
Only if the employee's negligence were wholly at fault for the injuries
would recovery be barred. FELA provided that an employee could recover
full damage if his injuries were the result of a railroad official's or
agent's, or another employee's negligence, and not his own. FELA thus
abolished assumption of risk as a defense.
The Impact of FELA
It was first in the Fifties that many states adopted comparative
negligence standards, some states requiring plaintiff prove that defen-
dant's negligence comes to 51% or higher to recover anything, others
allowing plaintiff to recover something even if his own negligence
exceeds 50%.
FELA was a statute far ahead of its time-for injuries not occurring in
the scope of employment. Specifically, its introduction of comparative
negligence, and abolition of contributory negligence, assumption of
risk, and the infamous fellow servant rule are humane and progressive.
The fact that claims made under the statute require litigation is not.
New York passed the first comprehensive Worker's Compensation statute in
1910, and the first to pass constitutionality tests in 1913, introducing
largely lawyerless processing of workplace injury claims.
Workers' Compensation Explained
By 1920, all but eight states had adopted Worker's Compensation in some
form, Hawaii being the last state to do so in 1963. Worker's
Compensation was introduced in Germany in 1883 after Bismarck became
alarmed at the popularity of Marxists in elections. Those interested in
the history of Worker's Compensation should see Arthur Larson's The Law
of Workers' Compensation (New York: Matthew Bender, 1993).
I will now proceed to sketch the typical provisions of Worker's
Compensation based upon Larson's summary in Chapter I sec.1.10. Basically,
employees are entitled to compensation for injuries "arising out of and
in the course of employment,' or for occupational disease. The award is
not affected by the employee's contributory negligence. Only if the
injury is intentionally self-inflicted is the employee barred from
compensation.
On the other hand, the employer's liability is limited in two respects.
First, compensation is established according to a fixed schedule. An
employee whose injury costs him the use of one hand will be paid a num-
ber of weeks' salary. An employee who is permanently and totally
disabled will receive periodic payments amounting to a certain portion
of his salary. Second, workers' compensation is the exclusive remedy of
the injured employee. An employee injured in the course of work may
only sue if the injury results from an intentional act by the employer,
or if the injury is due to a defective product manufactured by someone
other than the employer. Should the employee obtain judgment against
the manufacturer, workers' compensation benefits will have to be repaid
from the award.
Workers' compensation offers employees the advantages of immediate
periodic payments without having to establish the employer's negligence,
or wait for litigation. It offers to employers the benefits of fixed pay-
ments according to a schedule and of freedom from litigation. Although
there has been litigation over the scope of the terms "arising out of
employment" and "in the course of employment," as well as over types of
work covered, basically workers' compensation claims are handled
administratively, and do not require attorney intervention.
The Isolation of the Railroads
Federal employees are not subject to state workers' compensation, but
instead have their own form of it in the Federal Employees' Compensation
Act (FECA) 5 U.S.C.A. sec.8101 et seq. Dock workers have their own form of
workers' compensation in the Longshoremen's and Harbor Workers'
Compensation Act, 33 U.S.C.A. sec.901 et seq. Readers interested in seeing
compensation schedules for themselves are referred to 5 U.S.C.A. sec.8108.
On the other hand, the Jones Act, 46 U.S.C.A. sec.688, which covers the
merchant marine, states that FELA shall apply to seamen injured in the
course of employment. Hence, although the isolation of the railroads is
not total, the exception proves the rule. Even the Jones Act explicitly
refers to FELA. The vast majority of federal and state employees are
subject to some form of workers' compensation, and their employers are
generally free from liability to lawsuits.
The Costs of Litigation
The disadvantage of having to compensate workers injured wholly as a
result of their own negligence is outweighed by the expenses employers
would incur even in litigation which turned down the employee's claim.
In the United States, the winning party in a lawsuit generally cannot
recover attorney's fees, as opposed to the Civil Law countries of
Europe, where the awarding legal fees to the prevailing party is viewed
as a measure for deterring frivolous suits.
Hence, even if the railroad prevails, defense attorneys' fees must be
paid. Should the railroad lose, it still must pay defense counsel's
fees, plus compensation to the employee for medical expenses and lost
wages, plus compensation for pain and suffering, from which the injured
employee pays his or her attorney. No matter who loses, the lawyers
always win in a FELA case. Under Workers' Compensation, a railroad
would be liable only for an amount covering medical care and lost wages.
Why the Isolation of the Railroads?
The answer seems to be fairly straightforward at first. Railroad workers
are not federal employees, but the railways are regulated by federal
legislation. FELA provides that it shall be the exclusive remedy of
railroad workers, preempting state workers' compensation. If a federal
clean water statute establishes a certain standard of purity, this does
not prevent a state from imposing stricter standards, but in the case of
FELA, the preemption is absolute. Since railway workers are not federal
employees, they do not benefit from FECA.
Nonetheless, the various railroad acts are like much early factory
legislation, applying only to specific branches of industry. For
example, New Jersey's Factory Act of 1904 prohibited the employment of
children under 14 in factories. Soon the child labor provisions were
amended to apply to children working in houses of merchandising, and
then to those working in agriculture. Only in 1932 did New Jersey pass
a general child labor statute. Nonetheless, the Federal-state problem
did not prevent longshoremen from jumping on the workers' compensation
bandwagon. Perhaps there are other factors at play in the isolation of
the railroads.
FELA as a Punitive Statute
The reader interested in railroad law would be well advised to read
journals such as Transportation Law Journal, Traffic World and
Transportation Practitioner's Journal, available in many law libraries.
Recently, Babcock and Oldfather published "The Role of the Federal
Employers' Liability Act in Railroad Safety," Trans L J 19:381 (1991),
which was followed by Saphire, "FELA and Rail Safety: A Response to
Babcock and Oldfather 'The Role of the Federal Employers' Liability Act
in Railroad Safety'," Trans L J 19:401 (1991).
Basically, Babcock and Oldfather argue that the railroad employee safety
record is poor, and that FELA, by making injuries more expensive to the
railroads, will improve railroad safety. Babcock and Oldfather cite an
overpowering array of statistics in urging the 101st Congress to reject
the railroads' contention that FELA should be replaced by state workers'
compensation.
Saphire attacks the statistics Babcock and Oldfather cite. He says they
compare employee safety for the rails not with comparable heavy
industries, but with office workers. He urges furthermore that Babcock
and Oldfather include non-employee injuries in assessing Amtrak's
employee safety record. Most important, he argues that FELA is not a
good measure for improving rail safety. Lawsuits simply put employer
and employee in a contest to shift the blame to each other instead of
seeking to determine the real cause of an accident.
Look for future installments of "Railroading and the Law"
in coming issues of the Delaware Valley Rail Passenger
##P Amtrak News
Amtrak Ups Fares 2.5%
May 1st brought a fare increase to many Amtrak passengers. The average
increase is 2.5 percent, but actual increases vary by route. Though the
hike was announced in advance, ticket agents were unable to inform
passengers how much specific tickets would be increased by.
As a quasi-private company, Amtrak is not regulated like public transit
agencies, and is not required to hold public hearings before increasing
fares.
Sunset Follow-Up
Tugboat pilot Willie Odom gave up his Coast Guard license rather than
face a hearing on his conduct in the Bayou Canot disaster which claimed
48 lives. A string of barges Odom was pushing struck a railroad bridge
when they were pushed into the wrong channel, causing Amtrak's Sunset
Limited to derail and go off the bridge. The National Transportation
Safety Board is still working on an official report of the cause of the
accident.
Transportation Secretary Frederico Pena has said already that measures
to improve waterway safety are necessary, starting with a Federal
regulation that river tugs carry basic navigational tools like maps and
compasses. This from an agency that doesn't seem to have waited so long
in imposing and enforcing mandates on railroads.
The NTSB did issue its report on the collision of an Amtrak train and a
gasoline tanker March 1993 in Fort Lauderdale. Driver error and
inadequate traffic control caused the tanker to stop on the tracks
instead of before them. Six people died in the resulting fireball.
Metroliner Perks
Amtrak has started a new frequent traveler program called "Executive
Privileges." By signing up for the program, Metroliner riders can use
the Metropolitan Lounges at Corridor stations and receive special travel
offers. If you ride Metroliner Service, stop at the Passenger Services
Office at the station for an application.
Long-Distance Commuting a Bit Easier
Amtrak has followed the lead of the commuter railroads and of
