Sunset Limited Stranded in Texas

[AlanB]

We're still waiting to see them explain their $750 million charge for a one-time schedule change. How exactly is a single extra train a day going to cost UP $750 million? If UP is expecting the American taxpayer to fund 25% of their double-tracking expansion costs in exchange for 1% of the non-negotiable traffic rights, well, that sounds like a bad deal to me. In my view UP is acting like a corporate welfare case that needs to be forcibly weaned from the fraud teat. We've tried the carrot and it doesn't seem to be working. Maybe it's time for using more of the stick instead.

Well I'm sure that their idea is that they won't be getting paid what they think is fair compensation by Amtrak for the passage of the daily trains, much less the tri-weekly in the past, so they're looking to extract as much as they can get from this deal up front.

The question is going to be, who blinks first? Amtrak or UP?

If UP blinks, we might have a resolution that could be more to UP's benefit.

If Amtrak blinks one way, then the idea may just go away for a number of years. If Amtrak blinks the other way, UP could find itself on the short end of the STB stick.

 

[amtrakwolverine]

Gross negligence is no match for an signed indemnity agreement. Whatever UP does or does not do is legally Amtrak's burden.

Unless you charge UP with mass murder by sending a train into a smoke filled area and most of the passengers get overcome by the smoke and die from asphyxiation I don't care How much UP hates amtrak you can't get away with murder.

 

[Green Maned Lion]

Gross negligence is no match for an signed indemnity agreement. Whatever UP does or does not do is legally Amtraks burden*

Not true. Gross negligence in the form of "wanton and reckless disregard for human life" is not a civil liability charge, but a criminal one. Amtrak, were thIs levied against it, and the T&E unaware of the potential danger, UP and it's Dispatcher and TrainMaster would be criminally liable- and if People died, depending on local and state laws, could actually get the death penalty for the Dispatcher and TrainMaster. Once UP is found criminally liable, they can then be sued.

 

[GG-1]

While UP was busy working on some of those improvements, the NIMBY's got hold of the rare turtle that might have been threatened by increased train service putting a halt to Amtrak's starting up any service. It took several years for the battle to play out in court, but finally the NIMBY's were struck down. By that point in time, the one Talgo set that was to be used for the service had already been sent to Washington/Orgeon. And UP had gobbled up the increased capacity that the work that had been done had provided.

And by that time the turtles moved on.

UP in turn then demanded still more money for I believe total double-tracking, since they cited that it would now harm their business to try and squeeze in the Amtrak runs. At that point, I think it was the Warrington years by then, Amtrak didn't really care and didn't have the funds to run the service anyhow (much less meet UP's demands or fight it), so the project got deep sixed.

With a friend over the weekend I drove along the route, we only passed one freight in each direction, so I don't see the need for double tracking.

Aloha

 

[the_traveler]

With a friend over the weekend I drove along the route, we only passed one freight in each direction, so I don't see the need for double tracking.

You have a Hi-Railer too?

 

[jis]

UP in turn then demanded still more money for I believe total double-tracking, since they cited that it would now harm their business to try and squeeze in the Amtrak runs. At that point, I think it was the Warrington years by then, Amtrak didn't really care and didn't have the funds to run the service anyhow (much less meet UP's demands or fight it), so the project got deep sixed.

Also by then I suppose the freight railroads were a tad ticked off while "Boxcar George" was trying to convert Amtrak into a glorified freight railroad occasionally carrying a few passengers on their collective glidepath to ruination

With a friend over the weekend I drove along the route, we only passed one freight in each direction, so I don't see the need for double tracking.

You have a Hi-Railer too?

I can just visualize Eric charging along in his Hi-Railer beeping his little horn to get the squirrels out of the way while being chased furiously by a UP freight pulled by 3 furiously growling SD70Ms. :lol:

 

[ACVitale]

Gross negligence is no match for an signed indemnity agreement. Whatever UP does or does not do is legally Amtraks burden*

Not true. Gross negligence in the form of "wanton and reckless disregard for human life" is not a civil liability charge, but a criminal one. Amtrak, were thIs levied against it, and the T&E unaware of the potential danger, UP and it's Dispatcher and TrainMaster would be criminally liable- and if People died, depending on local and state laws, could actually get the death penalty for the Dispatcher and TrainMaster. Once UP is found criminally liable, they can then be sued.

GML - Thank you for the answer. I spent years in commercial aviation pax/cargo and I understand 20/20 hindsight.

Daxomni - Gross Negligence (Willful/Wanton) in the aviation/maritime business busts any indemnity agreement with a good lawyer on your side.

Finally, Criminal cases make easy fodder for follow on civil actions.... That I can believe and understand.

Either way glad it worked out... But, seems like it might have been avoided with better communications.