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1071 lines
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The Delaware Valley Rail Passenger
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May 1994
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Vol. XII, No. 5
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ISSN 1073-6859
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Published by the Delaware Valley Association of Railroad Passengers in the
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interest of continued, improved, and expanded rail service for the present and
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potential railroad and rail transit passengers of southeastern Pennsylvania,
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southern New Jersey, and nearby areas.
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For more information about DVARP and good rail service, please contact us:
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P.O. Box 7505, Philadelphia, PA 19101
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215-222-3373
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<mmitchell@asrr.arsusda.gov> or <73243.1224@compuserve.com>
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The electronic edition is produced as a public service to the network community.
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It is archived on the CUNYVM Listserver in the RAILNEWS directory. An index of
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back issues is available by sending INDEX RAILNEWS to LISTSERV@CUNYVM. Thanks
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to Geert K. Marien (GKMQC@CUNYVM) for maintaining this archive! If you have
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comments or questions, please contact us, not Geert!
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The DVRP is also archived on these FTP servers
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wuarchive.wustl.edu, directory graphics/trains/text or graphics/trains/incoming
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hipp.etsu.edu, directory pub/railroad/dvarp (Thanks to Bob Weir)
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Volumes X (1992) and XI (1993) are on floppy disk for $4.00 each from DVARP.
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We hope you consider joining DVARP; your financial support makes possible
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this newsletter and our many other activities on behalf of rail and transit
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passengers. Annual dues are $15.00. see the coupon below.
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Contents copyright (C) 1994 DVARP, except photos (C) 1994 credited photographers
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Opinions expressed in The Delaware Valley Rail Passenger are not necessarily
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those of DVARP or its members. We welcome your comments: call 215-222-3373
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DVARP President: Chuck Bode Newsletter Editor: Matthew Mitchell
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Production Manager: Tom Borawski
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for other officers and committee chairs, see page 15
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**Schedule change alert: NJ Transit rail schedules change May 23.
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New SEPTA commuter rail and Amtrak train schedules in effect this month.
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contents:
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use the search function of your word processor to find articles
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##A Where We Stand: How to Run a Good Commuter Rail Service
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##B Editorial: Renewing Cities, Renewing Transit
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##C DVARP Endorses SEPTA Budget
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##D Capital Budget Hearing This Month
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##E DVARP Leads Petition Drive
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##F PennDOT to Lease Harrisburg Trains
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##G On the Railroad Lines...
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SEPTA Commuter Rail Schedule Change Highlights
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Wednesday Night Promotion Back
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Single Car Problem Solved by MBTA?
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##R1 Date Set for U. City Station
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##R3 Rebuilding Update
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##R5 Zoo-Overbrook Speedup
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Reduced Service to Continue
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Parkside Seeks 52nd St. Reopening
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##R6 Stony Creek Ribbon of Fire
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##R8 New Mid-Day Schedule
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MontCo OKs Station Projects
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##PATCO Man Electrocuted at 8th St.
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##BSS The Phils Need Your Help
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##LRD Route 10 Tracks In the Drink
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##STD End of an Era
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More Work on 100
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Info Booths Return
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##CTD Trackless "Commitment"
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##H Important Meetings on Northeast Transit
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##I Crime Blotter Dept.
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##J Tourist Line in Trouble
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##K ETR Survives Again
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##L DVRP Mail Woes
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##M Computer Corner: IndARP, World-Wide-Web On Line
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##N FTA Report Unflattering to SEPTA by John Pawson
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##O Railroading and the Law: What is FELA? by James S. Morgan
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##P Amtrak News
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Amtrak Ups Fares 2.5%
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Sunset Follow-Up
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Metroliner Perks
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Long-Distance Commuting a Bit Easier
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##Q Auto-Entitlement Starts at the Top
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##R The Hidden Subsidies: The Subsidy Season
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##S News about DVARP and other Organizations
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Sept. DVARP Meeting May Shift
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See us in Mount Airy
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DVARP Gets Incorporation Assistance
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IEEE to Tour CETC
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NJ-ARP to Meet in Princeton, Lind'wold
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Congratulations NJ-ARP Newsletter Report!
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##T Up and Down the Corridor
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Post-Post Office Moves?
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Feds Intervene in LIRR Dispute
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Should've Known Better?
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Collision on Shore Line
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Metrocard Teething Problems
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More NJT Expansion Possibilities
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##U Dates of Interest
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##V DVARP Phone & Voice-mail Directory
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##W Upcoming DVARP Meetings:
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##X Agenda for the May meeting:
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##Y Committee Meetings:
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DVARP Membership Coupon
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Yes, I want to support improved passenger train service in our region!
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Here are my DVARP membership dues for 1994! 5/94
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Name Membership Number
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Address
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City, State, Zip
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Please choose a membership category below, enclose check and mail to:
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DVARP, PO Box 7505, Philadelphia, PA 19101
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( ) Regular: $15.00 ( ) Family: $20.00 ( ) Supporting: $25.00
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( ) Sustaining: $50.00 ( ) Patron: $75.00 ( ) Benefactor: $100.00
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( ) under 21 or over 65: $7.50
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##A Where We Stand: How to Run a Good Commuter Rail Service
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A letter from DVARP to NARP Executive Director Ross Capon, responding to
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his request for suggestions to be presented to the APTA Commuter Rail
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conference, last month in Chicago.
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<quote>Dear Mr. Capon;
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Thank you for requesting suggestions about what makes for successful
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commuter rail operations. DVARP submits the following suggestions.
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1. The focus has to be on the passenger-not on the consultants,
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construction companies, politicians, and agency administrative staff.
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2. Service has to be fast (time-competitive with the automobile) and
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reliable.
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3. Station and on-board personnel have to be courteous and considerate.
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4. Negative experiences have to be eliminated. Vagrants in stations,
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surly employees, insensitive managers, and vandalism of parked cars
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drive away passengers.
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5. Both traditional and reverse commuter markets need to be served.
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6. Recognition that new technology and changed conditions allow for
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simplification or elimination of traditional procedures, regulations and
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institutions which presently serve mainly to increase costs and thus
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fares.
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7. Intermodal connections at stations should include suitable facilities
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for transferring passengers to wait for their second vehicle. Also at
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stations, a significant segment of the population, the elderly, is
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presently excluded from commuter rail systems by elements such as the
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high step to board.
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8. APTA could provide a useful service by researching factors that
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affect ridership so that the operating agencies could concentrate
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efforts on the most productive factors for their service objective.
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(maximum passengers, maximum passenger miles, maximum revenue, or
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maximum farebox to subsidy ratio)
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[list of factors omitted]
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9. APTA could also encourage minimum service standards and provide a
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quality certification to systems that passed an annual evaluation of
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operations including a peer review.
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[signed]
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Charles Bode
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President
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<end quote>
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In a nutshell, public transit operators need to recognize the realities
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of the marketplace, and win customers by providing an attractive
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service, instead of expecting the customers to come to them.
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Unsuccessful commuter railroads exhibit lax attitudes in everything from
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scheduling the trains to taking the tickets. The winners know they need
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to deliver good service every day in order to keep their customers, and
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get new customers to give up their autos-MDM
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##B From the Editor's Seat:
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Renewing Cities, Renewing Transit
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In Washington last month, Mayor Rendell gave a compelling address on the
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state of our nation's cities. The Mayor received praise for pointing
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out the root causes of the loss of jobs and taxpayers to suburbs and
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rural areas and acknowledging that more and more subsidies won't solve
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the problem.
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In a lot of ways, the state of cities and the state of public transit
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are alike. We have perversely made it cheaper for developers to build
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on 'green fields' farther and farther away from the hubs of commerce,
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dependent on subsidized roads for everything. (see "No Free Ride:" this
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column, Dec. 1993) Then we've had to pour billions of dollars into
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urban renewal programs to try to create jobs in the cities. Because we
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subsidize the suburbs, we have to subsidize the cities.
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Mayor Rendell correctly stated that the cities have to fix the things
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under their control first; and he's doing so in Philadelphia, getting the
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cost of government under control and establishing a new covenant with
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the citizens. Transit operators must do the same. They must eschew
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patronage and pork, and get the greatest economic return on each dollar
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of public investment.
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But at the same time, state and Federal authorities must acknowledge
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that the economic playing field has been tilted for decades: towards
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suburbs and roads, away from cities and rails. That imbalance has to be
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redressed if we really are to have a free market for transportation in
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our country.
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Public transit and cities depend on each other for survival. Cities put
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the mass into mass transit, while transit makes the city's economic
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synergy possible. The decline of mass transit ridership is in part due
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to the decline of downtown areas as destinations. We who want to see
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America freed from its bondage to the single-occupant automobile need to
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also work for the survival and renewal of American cities.
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Where should we start making both cities and transit the place to be in
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the '90s? With restoring civility and order in downtown areas. Fear of
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crime is what keeps many shoppers and visitors away, and while the real
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crime statistics may be down, the perception won't go down if city
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streets and train stations appear dirty and chaotic.
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It's going to take some real effort to reverse the perception; and it
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ought to start with vigorous enforcement of rules designed to keep city
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streets and train stations orderly places. I'm not talking Singapore
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here, but when people know that little violations of the social order
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will be punished, they have less fear of the big violations.
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New Series
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Besides "The Hidden Subsidies," which I talked about last month, the
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DVRP is pleased to publish the first of another series of articles this
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month: "Railroading and the Law." The goal of this series is to explain
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some of the laws specific to railroads which have a significant impact
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on the operation and finances of our passenger rail systems. While parts
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of the articles may be rather technical, I think that lawyers and non-
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lawyers alike will learn a lot from them.-MDM
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##C DVARP Endorses SEPTA Budget
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In the hearing last month, DVARP entered a statement supporting SEPTA's
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proposed operating budget for fiscal 1995. (see April DVRP) The prime
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reason for DVARP's support was the new focus on winning back ridership
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at SEPTA, as evidenced by the reversal of service cuts and the
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establishment of fare revenue targets for each division. The budget is
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expected to be approved by the SEPTA Board as presented at the hearing.
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But DVARP again reported on missed opportunities at SEPTA. Millions of
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dollars could have been saved if SEPTA had implemented DVARP suggestions
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included in past operating budget statements. Other suggestions would
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improve SEPTA's accountability by providing better detail in the budget
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document, and build ridership by improving service quality.
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Some changes detailed in the new budget include:
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*Continued reduction of claims costs by aggressive measures against
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fraudulent claims.
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*Increased light rail service and infrastructure repairs.
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*Additional SEPTA Police officers and other security personnel.
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*Additional personnel for bus maintenance.
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*New fareboxes for surface vehicles
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*Move of SEPTA offices to 1234 Market in spring 1995.
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*Create a new set of service standards for the City Transit Division.
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##D Capital Budget Hearing This Month
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SEPTA's proposed FY 1995 Capital Budget and 12-year Capital Program was
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released to the public last week. It will be the subject of a public
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hearing to be held in the SEPTA Board Room Friday, May 20 at 10:00 am.
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DVARP is at this moment analyzing the budget and developing a statement
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for the hearing. A first look at the document revels few big changes
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from past proposals. The sum total of capital needs identified by SEPTA
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over the 12-year period is $4.5 billion; this year's Capital Budget
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proposal totals $244 million, a realistic figure in light of projected
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funding from Federal and state agencies. An additional $92 million is
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identified as state capital budget items, including vehicle &
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infrastructure repairs and environmental cleanups
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SEPTA expects to purchase 200 new buses this year, and begin the process
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of obtaining 70 trolleys for North Philadelphia. With RailWorks over(R),
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less than two percent of the budget is designated for commuter rail
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projects, though RRD will benefit from some of the multi-modal elements
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of the budget. This should quiet the SEPTA critics who claim that the
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agency shortchanges Philadelphia residents in favor of suburbanites.
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The money goes where the needs are, and at this time, the biggest needs
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are at both ends of the Market-Frankford el.
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##E DVARP Leads Petition Drive
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DVARP volunteers are going to downtown train stations bearing petitions
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asking the Governor to "fully fund SEPTA and the other public
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transportation agencies in Pennsylvania." We hope you've seen one of
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them and signed the petition. Continuing subsidies to autos make it
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hard for mass transit to compete effectively, and past imbalances in
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transportation policy and funding have left a costly legacy of deferred
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maintenance, like Frankford El reconstruction.
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Increased investment in public transportation has a ripple effect
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through the economy, starting with the creation of good jobs for
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Pennsylvanians. Investment in transit instead of highways means cleaner
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air, safer streets, and an improved quality of life for everyone,
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especially senior citizens and others who can't drive or are unable to
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afford a car.
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You probably share those goals too; and it's easy to play a part in
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realizing them. Just call DVARP at 222-3373, message box 4, and ask us
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to send you some petitions. Then take the time you spend waiting for
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your train, and ask your fellow passengers to sign. That really is easy!
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##F PennDOT to Lease Harrisburg Trains
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An amendment to the regional Transportation Improvement Plan is being
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sought by PennDOT to increase funding for the Harrisburg Line
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Improvements Project. Federal formula grants (and 20% state matching
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funds) assigned to this project are to be increased from a total of $12
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million to $16 million, to allow the leasing of two trainsets.
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##G On the Railroad Lines...
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Schedule Changes-Minor
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New schedules took effect the first of the month on all SEPTA RRD lines.
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Though few major changes in service were made, all riders are advised to
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pick up the latest timetable and double-check their trains.
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*SEPTA is nibbling away at service to some lightly-used stations like
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Fishers (R7), Shawmont (R6), and Eddystone (R2); mostly early and late
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in the day. Could this be a prelude to another SEPTA attempt to abandon
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these stations? Last fall, SEPTA's plan to eliminate weekend service to
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them was hastily withdrawn when SEPTA was reminded that their doing so
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without a public hearing would be illegal.
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*Late night service on weekends to Norristown and Warminster was
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restored, but the curtailed weekend service remains on both sides of the
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R3; those 1992 cuts were sharply criticized by DVARP.
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*A few PM peak schedules to Wilmington and West Trenton have been slowed
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down markedly: as much as six minutes.
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Wednesday Night Promotion Back
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SEPTA and the City of Philadelphia have again joined forces to encourage
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people to shop, dine, and be entertained in Center City. They're
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offering a $2.00 round trip on SEPTA Regional Rail Wednesday nights.
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The promotional fare will only be valid on trains arriving or leaving
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Center City after 5:00 pm. You must make a round-trip to qualify.
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People coming into town before 5:00 cannot use the $2.00 ticket for out-
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bound travel, but it will be good for inbound travel between
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intermediate stops. Special tickets will only be sold at a few suburban
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ticket offices and not in Center City; riders will be also be able to
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purchase the special round trip on board without penalty.
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Single Car Problem Solved by MBTA?
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Rollsign reports that the MBTA appears to have found the answer to "a
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mysterious problem that had been occurring on its commuter rail lines,
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causing difficulties with the signal systems." The T suspects that
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composite brake shoes-used throughout the railroad industry-are applying
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a thin film on rail surfaces. The film decreases the ability of the
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steel wheels to make electrical contact with the rails and shunt the
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circuit.
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##R1 Date Set for U. City Station
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New timetables forecast a November 1994 opening date for the new station
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at the Philadelphia Civic Center. R1, R2, and R3 trains will serve the
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station, which is convenient to the big employers in University City
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like the various hospitals.
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*Airport line operations were cut back to Terminal A for a short period
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April 14th, when a bomb-sniffing dog got excited about a box in an
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airport concourse. The box contained cooked crayfish, not TNT.
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*R1, R2, and R3 trains were all delayed during the morning rush hour
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April 18 as the result of power problems. Some Media line trains were
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annulled. As is often the case when something happens to threaten the
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reliability of the train service, shuttle buses were used to protect the
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Airport Line.
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##R2 Another Trespasser Killed
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Two Amtrak trains struck and killed a man crossing the Northeast Corri-
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dor at Glenolden April 26.
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##R3 Rebuilding Update
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*Work is underway to repair the SEPTA station in historic Lansdowne,
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which was badly damaged by fire last year.
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*A SEPTA employee reports that a new catenary structure was installed
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just south of Glen Riddle station. The track is being kept in service
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for the General Crushed Stone quarry. Glen Mills and Westtown Stations
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are occupied and in good condition.
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*On Sun., April 24th crews were laying track at Morton-drilling for tie
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plates and laying rail. Service was single-tracked from Secane.
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Wawa Wants the Train
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DVARP interviewed the property owner who lives next to the closed Wawa
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station on the West Chester line. The owner said that the station was
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causing him problems with teenagers using it as a party ground and
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contractors using it as a dumping ground, but that tapered off when
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SEPTA installed a barrier at the station entrance. He would welcome the
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return of train service despite the increase in traffic to the dead-end
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road which he shares with the station.
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The station is now a collection of scattered bricks. The pedestrian
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underpass appears to be severely deteriorated. It would probably be a
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good idea to seal it shut.
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##R5 Zoo-Overbrook Speedup
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The three to four minute slowdown of outbound Paoli Line trains is over,
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now that work on the new ground-level track past the R6 connection
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(Valley) is complete.
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Reduced Service to Continue
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Three months after a fire gutted the signal tower at Bryn Mawr, work to
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repair it is proceeding as planned. The interlocking will not be back
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to regular service until mid-July, so the reduced number of rush-hour R5
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trains will continue until then too.
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Watch Out!
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One consequence of the removal from service of one of the Main Line's
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four tracks and of the Bryn Mawr tower fire is that more Amtrak trains
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(and SEPTA expresses too) are running on the outside tracks. These
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trains do not always blow a warning whistle when nearing stations.
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Riders waiting for Paoli Line trains, and any other train too, should
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always stand back from the tracks until their train arrives and comes to
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a complete stop.
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Parkside Seeks 52nd St. Reopening
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The Parkside Association has proposed the restoration of the commuter
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rail station at 52nd Street as part of the economic revitalization of
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the area, which has been designated as a state enterprise zone, accor-
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ding to the Inquirer. The elevated station just north of Lancaster Ave.
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saw its last train over a decade ago, and is in very deteriorated
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condition. No response from SEPTA to this proposal has been reported.
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North Wales Safety Program Underway
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SEPTA began its promised program to teach North Wales youngsters how to
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be safe around railroad tracks. (see January DVRP) According to the
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Reporter, SEPTA Safety Officer Robert Allman previewed the program with
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parents at North Wales Elementary.
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Trespasser Killed on Doylestown Line
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A 21-year-old college football star was struck and killed by a SEPTA
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train April 10th while walking along an isolated section of track near
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Delaware Valley College after midnight, according to the Inquirer. The
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man was walking with a friend on the right-of-way when the train
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approached. The friend managed to get away and was treated for shock at
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Doylestown Hospital.
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##R6 Stony Creek Ribbon of Fire
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The recently reactivated Norristown-Lansdale freight line became a wall
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of fire due to a overheated wheel bearing on a Conrail locomotive
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igniting dry brush along the tracks, according to the Reporter. About
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100 firefighters from 11 companies were involved in bringing the ten
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mile blaze under control. The fire wreaked havoc on traffic as major
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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.
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New York passed the first comprehensive Worker's Compensation statute in
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1910, and the first to pass constitutionality tests in 1913, introducing
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largely lawyerless processing of workplace injury claims.
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Workers' Compensation Explained
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By 1920, all but eight states had adopted Worker's Compensation in some
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form, Hawaii being the last state to do so in 1963. Worker's
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Compensation was introduced in Germany in 1883 after Bismarck became
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alarmed at the popularity of Marxists in elections. Those interested in
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the history of Worker's Compensation should see Arthur Larson's The Law
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of Workers' Compensation (New York: Matthew Bender, 1993).
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I will now proceed to sketch the typical provisions of Worker's
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Compensation based upon Larson's summary in Chapter I sec.1.10. Basically,
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employees are entitled to compensation for injuries "arising out of and
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in the course of employment,' or for occupational disease. The award is
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not affected by the employee's contributory negligence. Only if the
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injury is intentionally self-inflicted is the employee barred from
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compensation.
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On the other hand, the employer's liability is limited in two respects.
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First, compensation is established according to a fixed schedule. An
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employee whose injury costs him the use of one hand will be paid a num-
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ber of weeks' salary. An employee who is permanently and totally
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disabled will receive periodic payments amounting to a certain portion
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of his salary. Second, workers' compensation is the exclusive remedy of
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the injured employee. An employee injured in the course of work may
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only sue if the injury results from an intentional act by the employer,
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or if the injury is due to a defective product manufactured by someone
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other than the employer. Should the employee obtain judgment against
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the manufacturer, workers' compensation benefits will have to be repaid
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from the award.
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Workers' compensation offers employees the advantages of immediate
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periodic payments without having to establish the employer's negligence,
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or wait for litigation. It offers to employers the benefits of fixed pay-
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ments according to a schedule and of freedom from litigation. Although
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there has been litigation over the scope of the terms "arising out of
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employment" and "in the course of employment," as well as over types of
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work covered, basically workers' compensation claims are handled
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administratively, and do not require attorney intervention.
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The Isolation of the Railroads
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Federal employees are not subject to state workers' compensation, but
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instead have their own form of it in the Federal Employees' Compensation
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Act (FECA) 5 U.S.C.A. sec.8101 et seq. Dock workers have their own form of
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workers' compensation in the Longshoremen's and Harbor Workers'
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Compensation Act, 33 U.S.C.A. sec.901 et seq. Readers interested in seeing
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compensation schedules for themselves are referred to 5 U.S.C.A. sec.8108.
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On the other hand, the Jones Act, 46 U.S.C.A. sec.688, which covers the
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merchant marine, states that FELA shall apply to seamen injured in the
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course of employment. Hence, although the isolation of the railroads is
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not total, the exception proves the rule. Even the Jones Act explicitly
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refers to FELA. The vast majority of federal and state employees are
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subject to some form of workers' compensation, and their employers are
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generally free from liability to lawsuits.
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The Costs of Litigation
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The disadvantage of having to compensate workers injured wholly as a
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result of their own negligence is outweighed by the expenses employers
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would incur even in litigation which turned down the employee's claim.
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In the United States, the winning party in a lawsuit generally cannot
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recover attorney's fees, as opposed to the Civil Law countries of
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Europe, where the awarding legal fees to the prevailing party is viewed
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as a measure for deterring frivolous suits.
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Hence, even if the railroad prevails, defense attorneys' fees must be
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paid. Should the railroad lose, it still must pay defense counsel's
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fees, plus compensation to the employee for medical expenses and lost
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wages, plus compensation for pain and suffering, from which the injured
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employee pays his or her attorney. No matter who loses, the lawyers
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always win in a FELA case. Under Workers' Compensation, a railroad
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would be liable only for an amount covering medical care and lost wages.
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Why the Isolation of the Railroads?
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The answer seems to be fairly straightforward at first. Railroad workers
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are not federal employees, but the railways are regulated by federal
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legislation. FELA provides that it shall be the exclusive remedy of
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railroad workers, preempting state workers' compensation. If a federal
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clean water statute establishes a certain standard of purity, this does
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not prevent a state from imposing stricter standards, but in the case of
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FELA, the preemption is absolute. Since railway workers are not federal
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employees, they do not benefit from FECA.
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Nonetheless, the various railroad acts are like much early factory
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legislation, applying only to specific branches of industry. For
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example, New Jersey's Factory Act of 1904 prohibited the employment of
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children under 14 in factories. Soon the child labor provisions were
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amended to apply to children working in houses of merchandising, and
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then to those working in agriculture. Only in 1932 did New Jersey pass
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a general child labor statute. Nonetheless, the Federal-state problem
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did not prevent longshoremen from jumping on the workers' compensation
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bandwagon. Perhaps there are other factors at play in the isolation of
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the railroads.
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FELA as a Punitive Statute
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The reader interested in railroad law would be well advised to read
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journals such as Transportation Law Journal, Traffic World and
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Transportation Practitioner's Journal, available in many law libraries.
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Recently, Babcock and Oldfather published "The Role of the Federal
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Employers' Liability Act in Railroad Safety," Trans L J 19:381 (1991),
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which was followed by Saphire, "FELA and Rail Safety: A Response to
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Babcock and Oldfather 'The Role of the Federal Employers' Liability Act
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in Railroad Safety'," Trans L J 19:401 (1991).
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Basically, Babcock and Oldfather argue that the railroad employee safety
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record is poor, and that FELA, by making injuries more expensive to the
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railroads, will improve railroad safety. Babcock and Oldfather cite an
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overpowering array of statistics in urging the 101st Congress to reject
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the railroads' contention that FELA should be replaced by state workers'
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compensation.
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Saphire attacks the statistics Babcock and Oldfather cite. He says they
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compare employee safety for the rails not with comparable heavy
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industries, but with office workers. He urges furthermore that Babcock
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and Oldfather include non-employee injuries in assessing Amtrak's
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employee safety record. Most important, he argues that FELA is not a
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good measure for improving rail safety. Lawsuits simply put employer
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and employee in a contest to shift the blame to each other instead of
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seeking to determine the real cause of an accident.
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Look for future installments of "Railroading and the Law"
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in coming issues of the Delaware Valley Rail Passenger
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##P Amtrak News
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Amtrak Ups Fares 2.5%
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May 1st brought a fare increase to many Amtrak passengers. The average
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increase is 2.5 percent, but actual increases vary by route. Though the
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hike was announced in advance, ticket agents were unable to inform
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passengers how much specific tickets would be increased by.
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As a quasi-private company, Amtrak is not regulated like public transit
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agencies, and is not required to hold public hearings before increasing
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fares.
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Sunset Follow-Up
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Tugboat pilot Willie Odom gave up his Coast Guard license rather than
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face a hearing on his conduct in the Bayou Canot disaster which claimed
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48 lives. A string of barges Odom was pushing struck a railroad bridge
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when they were pushed into the wrong channel, causing Amtrak's Sunset
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Limited to derail and go off the bridge. The National Transportation
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Safety Board is still working on an official report of the cause of the
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accident.
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Transportation Secretary Frederico Pena has said already that measures
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to improve waterway safety are necessary, starting with a Federal
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regulation that river tugs carry basic navigational tools like maps and
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compasses. This from an agency that doesn't seem to have waited so long
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in imposing and enforcing mandates on railroads.
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The NTSB did issue its report on the collision of an Amtrak train and a
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gasoline tanker March 1993 in Fort Lauderdale. Driver error and
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inadequate traffic control caused the tanker to stop on the tracks
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instead of before them. Six people died in the resulting fireball.
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Metroliner Perks
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Amtrak has started a new frequent traveler program called "Executive
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Privileges." By signing up for the program, Metroliner riders can use
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the Metropolitan Lounges at Corridor stations and receive special travel
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offers. If you ride Metroliner Service, stop at the Passenger Services
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Office at the station for an application.
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Long-Distance Commuting a Bit Easier
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Amtrak has followed the lead of the commuter railroads and of |