Maybe I've missed something somewhere. Amtrak by law has the right of way over freight regardless of who owns the track. Correct? Then why isn't there an uproar from Amtrak execs about constantly being hours and hours late due to freight? How is Amtrak benefiting by running late consistantly due to freight traffic? I can only imagine the reason there isn't a huge ruckus somewhere is because they somehow make money from the situation. I know we all hate management right now and can blame the lack of rolling stock and food issues on them, but usually the worst managers are the ones who make the loudest noise trying to point fingers at someone else, so the blame is off them. This group of suits say nothing at all and that's very strange to me.
The statute (Rail Passenger Act of 1970) demands priority for Amtrak trains on any railroad that agreed to join Amtrak in order to relieve itself of its common carrier requirement to provide passenger service. However, that Act also included no effective mechanism for enforcing that rule. The only option was for Amtrak to to request the DoJ to bring suit. That happened, Amtrak requesting, and DoJ agreeing and actually bringing suit, once. Yes, one time.
Amtrak could not even ask the regulator (first the ICC, then the STB) directly for relief. DoJ suit or nothing.
It was a rule with no practical way to enforce it or sanctions stemming from violating it. So the railroads violated it wholesale with no repercussion.
In theory that changed with the passage of the PRIIA Act of 2008, which stated Amtrak could set delay metrics that could be enforced by the STB and FRA. The railroads fought it and initially won. The Supreme Court ruled that Amtrak couldn't set the metrics itself. Congress amended the law (forget the year it did so) so that the STB set the metrics. The railroads fought that up to the Supreme Court as well, but lost that one. Finally, after 12 years of legislation and litigation, the STB was able to issue the final Passenger Delay Metrics rule in December 2020.
Implementation of the rule required the railroads and Amtrak negotiate schedules in light of the published metrics before enforcement action could be taken. This is why several schedules have changed over the past couple years, notably the Crescent, but also including the SW Chief, the Coast Starlight and the Empire Builder to my knowledge.
With the rules and measurements in place there have only been 2 or 3 quarters when the official, enforceable measurements have now been in the record. Since the STB cannot take consider enforcement action unless there have been two consecutive quarters of failing the the standards on a given route, it is only been in the last couple months that complaints to the STB for enforcement action could even be filed. Amtrak, or even individual passengers can bring complaints to the STB to request enforcement action.
So, through the entire 51 year history of Amtrak, the rule has only gained any potential teeth in last few months.
It remains to be seen if Amtrak will bring complaints to the STB for enforcement, now that it can. It is a new power. One indicator, though, may be the the new contract Amtrak has proposed to NS. It calls for Amtrak to be able to take over
dispatching for any line with passenger on time performance falling below 80% per the metrics for four consecutive quarters. NS filed a 400 page, semi-hysterical response to that.
In short, it is easy to say Amtrak had priority by law. Yes it had. It was also virtually impossible to enforce until very, very recently.
Amtrak does not gain by lateness, but has never had much control over it. It imposes great costs on Amtrak in staff overtime, passenger accommodation expenses as well as a big passenger experience black eye. It remains to be seen how well they leverage the new ability to bring complaints before the STB (although the NS contract proposal indicates to me at least some appetite to play some hardball). In the meantime, Amtrak management would be well served to focus on things that have always been wholly within its control and have usually been ignored, like OBS quality and consistency.