Norfolk Passenger Rail Service in Jeopardy

Norfolk's passenger rail service may be out of commission by Jan. 1, 2016 if Congress doesn't act by the end of this year.

The nation's largest railroads, including Norfolk Southern Corporation and CSX Transportation, are rushing to meet a Dec. 31 deadline for implementing a system called positive train control, a safety feature for railroads mandated by Congress in 2009.

We understand and support Norfolk Southern's position,” city of Norfolk spokeswoman Lori Crouch said. “We hope Congress will work expeditiously to find a resolution.”

Norfolk-based Norfolk Southern issued a statement Oct. 20 warning that passenger and commuter trains operated by Amtrak, Virginia Railway Express and Metra will be prohibited by law from operating on NS tracks after Dec. 31.

Amtrak leases the right to operate passenger trains on NS's track to and from Norfolk and other cities in the eastern United States.

Amtrak, or the National Railroad Passenger Corporation, is funded in large part by the federal government.

The freight railroads own all of the right of way, or track, in the United States. Amtrak leases the track under individual agreements with the railroads.

In its statement, NS said it will not meet the deadline, despite a $1 billion investment to adhere to federal safety laws.

CSX Transportation sent a letter to Congress September 9, saying it could not meet the Dec. 31 and warned that if Congress didn't extend the deadline CSX would deny access to its tracks for passenger service and the shipping of hazardous chemicals.

The Railroad Safety Improvement Act of 2008 mandated that the technology be implemented by Dec. 31 of this year.

Passenger rail service for Norfolk launched in 2012 with a daily train, leaving early in the morning and returning at night. Norfolk opened a station for passengers and baggage, a cost of $3.75 million, in 2012.

Norfolk Southern received $114 million from the state to improve its tracks and signaling between Norfolk and Petersburg where Amtrak would switch to track owned by CSX, NS's competitor for coal and freight traffic. CSX also received up to $9 million to reroute track over which the Amtrak trains would operate.

Thelma Drake, former Congresswoman and director of the Va Dept of Rail and Public Transportation, championed the service and appropriated state funding for the improvements.

Amtrak's daily passenger service to and from Newport News on CSX track would also cease if the extension is not granted.

NS warned in in its 2010 annual report that implementation of positive train control “may result in reduced operational efficiency and service levels, as well as increased compensation and benefits expenses, and increased claims and litigation costs.”

The American Association of Railroads, the industry group for the largest railroads in North America, warned Congress in 2013 that the industry couldn't meet the 2015 deadline.

The warnings to investors and the public may prompt Congress to grant the extension, which seems likely. Congress, roiled by rebellion, may act just to avoid a public drubbing.