TBO.com - TBO is Tampa Bay Online

GAO Report Questions Rail Agreements

ADVERTISEMENT

By LINDSAY PETERSON | The Tampa Tribune

Published: March 30, 2009

A U.S. General Accounting Office report raises questions about the type of liability agreement the state wants to sign with CSX Transportation in the Central Florida commuter rail project.

U.S. Rep. James Oberstar, D-Minn. and head of the House Transportation and Infrastructure Committee, sought the report last year, when U.S. Rep. Kathy Castor, D-Tampa, started asking questions about the state's proposal.

The Florida Department of Transportation wants to give CSX Transportation more than $450 million to buy 61 miles of its tracks in Central Florida. It would be used to create a commuter system, called SunRail.

As a condition, CSX wants the state to take liability for damage to commuter trains or passengers in the case of an accident, even one caused by a CSX train using the line.

CSX and the DOT have said the agreement is typical of most across the country. Castor questioned that, and she and Oberstar asked the GAO to study rail agreements in other places where commuter and freight trains use the same tracks.

In the February report, the GAO found a variety of arrangements. Some were specific about what would and would not be protected. One agreement, for instance, specifically excluded "conduct that is taken with conscious disregard for or indifference to the property or safety or welfare of others."

Many agreements protected freight companies from all liability in commuter accidents. The GAO noted that several courts of law and the Surface Transportation Board have said that practice goes against the public interest.

Oberstar said he planned to have his committee study the issue to try and find a fair way to decide who should be responsible in commuter-freight train accidents.

"Some of these agreements make no exception for cases of gross negligence or willful misconduct," he said. "This is an unacceptable practice."

Reporter Lindsay Peterson can be reached at (813) 259-7834.

Share this:

Loading Comments...

Email Print

ADVERTISEMENT