CSX is obligated to move Amtrak trains efficiently: The freight carrier “shall make every reasonable effort … to deliver Amtrak trains to all scheduled passenger stops … by the scheduled time therefor” and “to avoid excessive delays and, consistent with safety, to make up delays” regardless of where they occur, as well as “to service, inspect, and perform running repairs as necessary” so that an Amtrak train may complete its trip over CSX lines.
Track maintenance to passenger standards: CSX is required to maintain all of its lines used by Amtrak at the same level of utility (a measure that includes track classification and speed and “a reasonable degree of passenger comfort”) as they were at the start of the agreement, with limited exceptions. CSX must bear the entire cost of such maintenance, though Amtrak reimburses the freight carrier for the incremental cost that hosting its trains imposes on CSX. The host may adjust speeds at various locations as long as the overall ‘pure running time’ (scheduled time minus dwell times and padding) on that segment is not lengthened. If CSX receives FRA approval to downgrade a track segment resulting in lengthening of Amtrak’s running time, Amtrak must pay for any adjustments necessary to maintain its previous higher speed.
CSX cannot object to Amtrak carrying mail and express: CSX agrees to provide Amtrak “with the use of facilities and the services requested by Amtrak” for operating Amtrak trains, “including the carrying of mail and express … to the extent authorized by the [Passenger Rail Service Act of 1970].”
Undefined ‘physical capabilities’: Amtrak’s “routes, schedules and consists shall be compatible with the physical capabilities of CSXT.” However, it is not explained how CSX’s physical capabilities are to be determined.
Amtrak has right to run additional & special trains over CSX track: “Amtrak shall have the right from time to time to request, and …
CSXT hereby agrees to provide modified or additional services, including special trains,” though these trains “shall be subject to the physical limitations of CSXT and shall give due regard to CSXT’s speed, weight and other operating restrictions and rules and safety standards and to the avoidance of unreasonable interference with the adequacy, safety and efficiency of its other railroad operations.” Conversely, CSX must also recognize “the importance of fast and convenient schedules and passenger comfort and convenience to the success” of Amtrak services.
CSX must maintain its facilities used by Amtrak: If the host disposes of an ancillary facility that it owns but is used by Amtrak, such as a station building, platform, canopy or servicing facility, it must notify Amtrak and, on Amtrak’s request, “furnish a substitute facility reasonably equivalent in utility.” This does not apply to CSX-owned facilities that are leased to Amtrak.
CSX may not voluntarily dispose of any line used by passenger trains listed in Amtrak’s public timetable without Amtrak’s prior written approval, and “seasonal changes or suspensions of [Amtrak] service of 180 days or less shall not be deemed discontinuance of use” by Amtrak.
Limits on CSX’s capital responsibility: The host is not required to “purchase, construct, rebuilt or replace Rail Lines, locomotives, cars, rolling stock or ancillary facilities” though it must furnish all labor, materials equipment and facilities necessary to host Amtrak trains.
