In other words, if CSX left it out there for days, it is an extra movement and they can basically say "we'll get to it when we get to it." It is in the smae class as a light engine movement or equipment move.
I should note for the record that if CSX did this, it would be totally, grossly illegal, and Amtrak would be allowed to apply to the STB for damages. I refer you yet again to the US Code:
© Preference Over Freight Transportation.— Except in an emergency, intercity and commuter rail passenger transportation provided by or for Amtrak has preference over freight transportation in using a rail line, junction, or crossing unless the Board orders otherwise under this subsection.
There are no Board orders ordering otherwise. Let's go back a little further to the definitions:
(4) “intercity rail passenger transportation” means rail passenger transportation, except commuter rail passenger transportation.
In short, ALL rail passenger transportation provided "by or for Amtrak" has preference over freight transportation. *Including charter operations*.
I know the Class Is are mostly run by total scofflaws who break the law on a routine basis and think nothing of it. But that's the law. Also worth noting:
(1) Amtrak may make an agreement with a rail carrier or regional transportation authority to use facilities of, and have services provided by, the carrier or authority under terms on which the parties agree. The terms shall include a penalty for untimely performance.
All Amtrak agreements with freight railroads must include penalties for delaying passenger trains. Yes, even charters.
The next clause specifies that if Amtrak and a host railroad can't come to agreement, the STB can order the railroads to carry Amtrak on STB-prescribed terms.
It gets better. Amtrak is required to sue railroads (or at least take them to the STB) for allowing the track to deteriorate:
(4) Amtrak shall seek immediate and appropriate legal remedies to enforce its contract rights when track maintenance on a route over which Amtrak operates falls below the contractual standard.
It gets even better:
If a rail carrier refuses to allow accelerated speeds on trains operated by or for Amtrak, Amtrak may apply to the Board for an order requiring the carrier to allow the accelerated speeds.
And it gets even better:
(1) When a rail carrier does not agree to provide, or allow Amtrak to provide, for the operation of additional trains over a rail line of the carrier, Amtrak may apply to the Board for an order requiring the carrier to provide or allow for the operation of the requested trains.
And of course, Amtrak still has the right to seize entire lines by eminent domain, if the STB approves.
Basically, the current state of the law is that the Class I's are absolutely required to give Amtrak priority under all circumstances. Amtrak can apply to the STB to force a Class I to run a train, and the STB can order the Class I to run it on whatever terms the STB likes; the Class Is have no recourse whatsoever. The only rights the Class I's have regarding this, is the right to get paid -- to get paid what the STB thinks is appropriate, not what the Class Is want.
Reviewing the state of the law, it is quite clear to me that NS & CSX's legal filings in the Capitol Limited delay case are frivolous. The law firm should be sanctioned for making frivolous filings, and so should NS and CSX. The STB probably won't do this, but they should. I know the crooks in the boardrooms would throw hissy fits, but a few large fines and some payouts from their D&O insurance might make them realize that *trying to do their damn jobs right* would be cheaper than abusing Amtrak.