Amtrak wants the U.S. Surface Transportation Board to create a new seven-year operating agreement with host railroad Canadian National that would in some instances give the passenger carrier the right to dispatch CN lines.
The new agreement Amtrak is seeking also would change the terms of service under which CN is paid to host Amtrak trains.
CN and Amtrak have since 2013 been locked in a dispute over the freight carrier’s dispatching practices.
In August 2019, federal regulators ordered the two parties to enter mediation overseen by the STB but that failed to reach an agreement to end the dispute.
If the Board accepts Amtrak’s proposal, CN would be paid less money in incentive payments when Amtrak trains on a CN route fail to reach specified on-time standards.
The passenger carrier believes this would give CN an incentive to keep Amtrak trains running on time.
The Amtrak proposal adopting the customer on-time standards set in 2020 by the Federal Railroad Administration that measures the performance of passenger trains based on the percentage of passengers who arrive on time at their destination stations.
Those standards measure the number of passengers who reach their destination no later than 15 minutes after scheduled arrival, and sets 80 percent over two consecutive quarters as the minimum acceptable standard.
The Amtrak proposal acknowledges this “is not a perfect measure of CN’s performance on any of the routes, particularly those where there are other host railroads that host the lion’s share of the track-miles.”
Thus Amtrak is seeking a standard that would not penalize CN for delays incurred by Amtrak trains that CN did not cause.
The FRA standards also measure how much host freight railroads have delayed passenger trains.
Under the Amtrak proposal, incentive payments to CN would increase as the number of passenger-miles on a route increase, and as the number of delays attributable to CN per 10,000 train miles decrease.
The goal, Amtrak said, is to give CN an incentive to minimize delays within its control.
In extreme cases, Amtrak wants to take over dispatching of routes with poor on-time performance.
That would occur when delays occur on a route for four consecutive quarters. In that case, Amtrak or a third party that it designated would take over dispatching for two years or until the delay figure has been below 924 minutes per 10,000 train-miles for 12 consecutive months.
An alternative situation would allow a representative of Amtrak, its inspector general, or the STB to sit alongside CN dispatchers as they dispatched a route. This alternative would require CN to receive Amtrak’s prior approval for non-emergency maintenance work expected to affect Amtrak’s on-time performance.
CN and Amtrak are operating under a 2011 “interim agreement ordered by the STB because the two parties were unable to reach agreement on their own on an operating contract.