Compulsory Access for Service

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Compulsory Access for Service

Postby John_Perkowski » Fri Jul 28, 2017 9:25 am

In another thread, GOkeefe wrote:

gokeefe wrote:The previous federal statutes which considered whether or not a railroad joined Amtrak on Day 1 are now moot. Amtrak would simply need to sign an operating agreement with IAIS. If necessary access can be compelled by the STB but that is almost never required.


My question: In this particular case, the route is intrastate, Moline to Chicago, as I understand it. What would STB's ability be under the Commerce Clause?
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Re: Compulsory Access for Service

Postby BandA » Fri Jul 28, 2017 4:50 pm

Iowa Interstate Railroad Ltd?
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Re: Compulsory Access for Service

Postby R36 Combine Coach » Fri Jul 28, 2017 10:06 pm

John_Perkowski wrote:
gokeefe wrote:The previous federal statutes which considered whether or not a railroad joined Amtrak on Day 1 are now moot. Amtrak would simply need to sign an operating agreement with IAIS. If necessary access can be compelled by the STB but that is almost never required.


My question: In this particular case, the route is intrastate, Moline to Chicago, as I understand it. What would STB's ability be under the Commerce Clause?

The authority would probably be in the Illinois Commerce Commission (also named ICC) or perhaps state public service/utility board.
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Re: Compulsory Access for Service

Postby JoeG » Fri Jul 28, 2017 10:53 pm

I found a commentary that says that the STB can have jurisdiction if the intrastate railroad is sufficiently connected to the national network. For passenger service, the intrastate railroad has to be sufficiently connected to Amtrak, including apparently joint ticketing. The article says that the STB decided Brightline in Florida was not under STB jurisdiction but California high speed rail was. But it isn't clear how the STB got to issue these decisions.

Here:s the reference:http://www.infrainsightblog.com/2017/07/articles/rail-and-transit/stb-jurisdiction-over-intrastate-passenger-rail/
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