A Brief Passage from the linked material submitted by Mr. Smith and immediately addressed by Mr. JasW:
- For Amtrak, the biggest issue to be ironed out to even consider service on the FEC was getting a no-fault policy for operating south of the Treasure Coast. To reach the FEC tracks in West Palm Beach, Amtrak trains in Miami requires several miles of state-owned coastal tracks, company Government Affairs Director Thomas L. Stennis III said Tuesday.
"This bill creates a no-fault liability for Amtrak and the state," he said. "Amtrak currently has this relationship with other host railroad companies. But the state didn't have that relationship with Amtrak."
Amtrak operated on a no-fault basis with CSX Transportation Inc. in South Florida, he said. But when the state bought those tracks for the Tri-Rail commuter line south of Jupiter, Stennis said, Amtrak had to negotiate such a relationship from scratch with the state.
I'm utterly confused.
First what tracks are being addressed? If such are the Tri-Rail tracks West Palm-Miami, then I think it safe assumption, as JasW notes, that the pre-existing indemnity provisions with SCL remained "as successor'.
Now will FEC seek indemnity provisions in an operating agreement beyond those with other roads as CSX did with the Central Florida (Sun Rail) agency, or will they accept those in place with other roads which, to my knowledge, are essentially "no-fault" as addressed by the article.
Now I should note that indemnity is simply one issue (albeit important) within a bi-lateral agreement between Amtrak and a railroad over which their trains operate, and for which no public disclosure is required. I have been over thirty years since my last railroad paycheck, but I can report first hand that the indemnity provisions on my road when I was there were, essentially, no-fault, i.e. each party cleans up their own messes (Amtrak; their equipment, injury claims. Road; their tracks and lineside structures injuries to their employees). How much insurance, as distinct from self-indemnification, will be in force is a matter for negotiation. If the CSX-Sun-Rail agreement regarding indemnity, which apparently upset any "no-fault" doctrine on the former ACL line through Orange and Osceola counties, has now been applied to Amtrak (what about the limited CSX freight operations as well?) operating over Tri-Rail, how does this legislation directly affect any future negotiations between Amtrak and FEC regarding indemnity?
Indirectly, it undeniably does so, as FEC will use this as wedge to "foist" off otherwise their indemnity (tracks lineside structures) under no fault to Amtrak. Although I have long held that "Amtrak gets a free ride" from the industry regarding track usage (I believe others here with industry experience in their "CV" also hold same), for this topic I must put Amtrak's hat on and note this development may raise the cost of operating over the FEC to such level that Amtrak will simply choose to stay on the existing SAL route. Also of concern; if Amtrak "caves in", other roads will use the cave-in as a wedge to upset "no fault" on their properties.
All told, I cannot see how this development will enhance the possibility that Amtrak trains will operate over the FEC.