The Delaware Valley Rail Passenger

May  1994
Vol. XII, No. 5
ISSN 1073-6859

Published by the Delaware Valley Association of Railroad Passengers in the 
interest of continued, improved, and expanded rail service for the present and 
potential railroad and rail transit passengers of southeastern Pennsylvania, 
southern New Jersey, and nearby areas.

For more information about DVARP and good rail service, please contact us:
P.O. Box 7505,  Philadelphia, PA  19101
215-222-3373
<mmitchell@asrr.arsusda.gov> or <73243.1224@compuserve.com>

The electronic edition is produced as a public service to the network community.
  It is archived on the CUNYVM Listserver in the RAILNEWS directory. An index of
back issues is available by sending INDEX RAILNEWS to LISTSERV@CUNYVM. Thanks 
to Geert K. Marien (GKMQC@CUNYVM) for maintaining this archive! If you have 
comments or questions, please contact us, not Geert!
  The DVRP is also archived on these FTP servers
wuarchive.wustl.edu, directory graphics/trains/text or graphics/trains/incoming
hipp.etsu.edu, directory pub/railroad/dvarp (Thanks to Bob Weir)
Volumes X (1992) and XI (1993) are on floppy disk for $4.00 each from DVARP.

We hope you consider joining DVARP; your financial support makes possible 
this newsletter and our many other activities on behalf of rail and transit
passengers.  Annual dues are $15.00.  see the coupon below.

Contents copyright (C) 1994 DVARP, except photos (C) 1994 credited photographers

Opinions expressed in The Delaware Valley Rail Passenger are not necessarily 
those of DVARP or its members.  We welcome your comments: call 215-222-3373

DVARP President: Chuck Bode      Newsletter Editor: Matthew Mitchell
Production Manager: Tom Borawski
for other officers and committee chairs, see page 15   

**Schedule change alert:  NJ Transit rail schedules change May 23.
New SEPTA commuter rail and Amtrak train schedules in effect this month.

contents: 
   use the search function of your word processor to find articles
##A  Where We Stand:  How to Run a Good Commuter Rail Service
##B  Editorial:  Renewing Cities, Renewing Transit
##C  DVARP Endorses SEPTA Budget 
##D  Capital Budget Hearing This Month
##E  DVARP Leads Petition Drive
##F  PennDOT to Lease Harrisburg Trains
##G  On the Railroad Lines...
   SEPTA Commuter Rail Schedule Change Highlights
   Wednesday Night Promotion Back
   Single Car Problem Solved by MBTA?
   ##R1  Date Set for U. City Station
   ##R3  Rebuilding Update 
   ##R5  Zoo-Overbrook Speedup
        Reduced Service to Continue
        Parkside Seeks 52nd St. Reopening
   ##R6  Stony Creek Ribbon of Fire
   ##R8  New Mid-Day Schedule
   MontCo OKs Station Projects
##PATCO  Man Electrocuted at 8th St.
##BSS  The Phils Need Your Help
##LRD  Route 10 Tracks In the Drink
##STD  End of an Era
       More Work on 100
       Info Booths Return
##CTD  Trackless "Commitment"
##H  Important Meetings on Northeast Transit
##I  Crime Blotter Dept.
##J  Tourist Line in Trouble
##K  ETR Survives Again
##L  DVRP Mail Woes 
##M  Computer Corner:  IndARP, World-Wide-Web On Line
##N  FTA Report Unflattering to SEPTA   by John Pawson
##O  Railroading and the Law:  What is FELA?   by James S. Morgan
##P  Amtrak News
        Amtrak Ups Fares 2.5%
        Sunset Follow-Up
        Metroliner Perks
        Long-Distance Commuting a Bit Easier
##Q  Auto-Entitlement Starts at the Top
##R  The Hidden Subsidies:  The Subsidy Season
##S  News about DVARP and other Organizations
        Sept. DVARP Meeting May Shift
        See us in Mount Airy
        DVARP Gets Incorporation Assistance
        IEEE to Tour CETC
        NJ-ARP to Meet in Princeton, Lind'wold
        Congratulations NJ-ARP Newsletter Report!
##T  Up and Down the Corridor
        Post-Post Office Moves?
        Feds Intervene in LIRR Dispute
        Should've Known Better?
        Collision on Shore Line
        Metrocard Teething Problems
        More NJT Expansion Possibilities
##U  Dates of Interest
##V  DVARP Phone & Voice-mail Directory
##W  Upcoming DVARP Meetings:
##X  Agenda for the May meeting:
##Y  Committee Meetings:



DVARP Membership Coupon

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Please choose a membership category below, enclose check and mail to:
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(  ) under 21 or over 65: $7.50   





##A  Where We Stand:  How to Run a Good Commuter Rail Service

A letter from DVARP to NARP Executive Director Ross Capon, responding to 
his request for suggestions to be presented to the APTA Commuter Rail 
conference, last month in Chicago.

<quote>Dear Mr. Capon;

Thank you for requesting suggestions about what makes for successful 
commuter rail operations.  DVARP submits the following suggestions.  

1. The focus has to be on the passenger-not on the consultants, 
construction companies, politicians, and agency administrative staff.

2. Service has to be fast (time-competitive with the automobile) and 
reliable.

3. Station and on-board personnel have to be courteous and considerate.

4. Negative experiences have to be eliminated.  Vagrants in stations, 
surly employees, insensitive managers, and vandalism of parked cars 
drive away passengers.

5. Both traditional and reverse commuter markets need to be served.

6. Recognition that new technology and changed conditions allow for 
simplification or elimination of traditional procedures, regulations and 
institutions which presently serve mainly to increase costs and thus 
fares.

7. Intermodal connections at stations should include suitable facilities 
for transferring passengers to wait for their second vehicle.  Also at 
stations, a significant segment of the population, the elderly, is 
presently excluded from commuter rail systems by elements such as the 
high step to board.

8. APTA could provide a useful service by researching factors that 
affect ridership so that the operating agencies could concentrate 
efforts on the most productive factors for their service objective. 
(maximum passengers, maximum passenger miles, maximum revenue, or 
maximum farebox to subsidy ratio)

[list of factors omitted]

9. APTA could also encourage minimum service standards and provide a 
quality certification to systems that passed an annual evaluation of 
operations including a peer review.

[signed]
Charles Bode
President 
<end quote>

In a nutshell, public transit operators need to recognize the realities 
of the marketplace, and win customers by providing an attractive 
service, instead of expecting the customers to come to them.  
Unsuccessful commuter railroads exhibit lax attitudes in everything from 
scheduling the trains to taking the tickets.  The winners know they need 
to deliver good service every day in order to keep their customers, and 
get new customers to give up their autos-MDM


##B  From the Editor's Seat:
Renewing Cities, Renewing Transit

In Washington last month, Mayor Rendell gave a compelling address on the 
state of our nation's cities.  The Mayor received praise for pointing 
out the root causes of the loss of jobs and taxpayers to suburbs and 
rural areas and acknowledging that more and more subsidies won't solve 
the problem.

In a lot of ways, the state of cities and the state of public transit 
are alike.  We have perversely made it cheaper for developers to build 
on 'green fields' farther and farther away from the hubs of commerce, 
dependent on subsidized roads for everything.  (see "No Free Ride:" this 
column, Dec. 1993)  Then we've had to pour billions of dollars into 
urban renewal programs to try to create jobs in the cities.  Because we 
subsidize the suburbs, we have to subsidize the cities.

Mayor Rendell correctly stated that the cities have to fix the things 
under their control first; and he's doing so in Philadelphia, getting the 
cost of government under control and establishing a new covenant with 
the citizens.  Transit operators must do the same.  They must eschew 
patronage and pork, and get the greatest economic return on each dollar 
of public investment.

But at the same time, state and Federal authorities must acknowledge 
that the economic playing field has been tilted for decades: towards 
suburbs and roads, away from cities and rails.  That imbalance has to be 
redressed if we really are to have a free market for transportation in 
our country.

Public transit and cities depend on each other for survival.  Cities put 
the mass into mass transit, while transit makes the city's economic 
synergy possible.  The decline of mass transit ridership is in part due 
to the decline of downtown areas as destinations.  We who want to see 
America freed from its bondage to the single-occupant automobile need to 
also work for the survival and renewal of American cities.  

Where should we start making both cities and transit the place to be in 
the '90s?  With restoring civility and order in downtown areas.  Fear of 
crime is what keeps many shoppers and visitors away, and while the real 
crime statistics may be down, the perception won't go down if city 
streets and train stations appear dirty and chaotic.  

It's going to take some real effort to reverse the perception; and it 
ought to start with vigorous enforcement of rules designed to keep city 
streets and train stations orderly places.  I'm not talking Singapore 
here, but when people know that little violations of the social order 
will be punished, they have less fear of the big violations.

New Series

Besides "The Hidden Subsidies," which I talked about last month, the 
DVRP is pleased to publish the first of another series of articles this 
month: "Railroading and the Law."  The goal of this series is to explain 
some of the laws specific to railroads which have a significant impact 
on the operation and finances of our passenger rail systems.  While parts 
of the articles may be rather technical, I think that lawyers and non-
lawyers alike will learn a lot from them.-MDM


##C  DVARP Endorses SEPTA Budget 

In the hearing last month, DVARP entered a statement supporting SEPTA's 
proposed operating budget for fiscal 1995.  (see April DVRP)  The prime 
reason for DVARP's support was the new focus on winning back ridership 
at SEPTA, as evidenced by the reversal of service cuts and the 
establishment of fare revenue targets for each division.  The budget is 
expected to be approved by the SEPTA Board as presented at the hearing.

But DVARP again reported on missed opportunities at SEPTA. Millions of 
dollars could have been saved if SEPTA had implemented DVARP suggestions 
included in past operating budget statements. Other suggestions would 
improve SEPTA's accountability by providing better detail in the budget 
document, and build ridership by improving service quality.

Some changes detailed in the new budget include:
*Continued reduction of claims costs by aggressive measures against 
fraudulent claims.
*Increased light rail service and infrastructure repairs.
*Additional SEPTA Police officers and other security personnel.
*Additional personnel for bus maintenance.
*New fareboxes for surface vehicles
*Move of SEPTA offices to 1234 Market in spring 1995.
*Create a new set of service standards for the City Transit Division.

##D  Capital Budget Hearing This Month

SEPTA's proposed FY 1995 Capital Budget and 12-year Capital Program was 
released to the public last week.  It will be the subject of a public 
hearing to be held in the SEPTA Board Room Friday, May 20 at 10:00 am.  
DVARP is at this moment analyzing the budget and developing a statement 
for the hearing.  A first look at the document revels few big changes 
from past proposals.  The sum total of capital needs identified by SEPTA 
over the 12-year period is $4.5 billion; this year's Capital Budget 
proposal totals $244 million, a realistic figure in light of projected 
funding from Federal and state agencies.  An additional $92 million is 
identified as state capital budget items, including vehicle & 
infrastructure repairs and environmental cleanups

SEPTA expects to purchase 200 new buses this year, and begin the process 
of obtaining 70 trolleys for North Philadelphia.  With RailWorks over(R), 
less than two percent of the budget is designated for commuter rail 
projects, though RRD will benefit from some of the multi-modal elements 
of the budget.  This should quiet the SEPTA critics who claim that the 
agency shortchanges Philadelphia residents in favor of suburbanites.  
The money goes where the needs are, and at this time, the biggest needs 
are at both ends of the Market-Frankford el.  

##E  DVARP Leads Petition Drive

DVARP volunteers are going to downtown train stations bearing petitions 
asking the Governor to "fully fund SEPTA and the other public 
transportation agencies in Pennsylvania."  We hope you've seen one of 
them and signed the petition.  Continuing subsidies to autos make it 
hard for mass transit to compete effectively, and past imbalances in 
transportation policy and funding have left a costly legacy of deferred 
maintenance, like Frankford El reconstruction.

Increased investment in public transportation has a ripple effect 
through the economy, starting with the creation of good jobs for 
Pennsylvanians.  Investment in transit instead of highways means cleaner 
air, safer streets, and an improved quality of life for everyone, 
especially senior citizens and others who can't drive or are unable to 
afford a car.

You probably share those goals too; and it's easy to play a part in 
realizing them.  Just call DVARP at 222-3373, message box 4, and ask us 
to send you some petitions.  Then take the time you spend waiting for 
your train, and ask your fellow passengers to sign. That really is easy!

##F  PennDOT to Lease Harrisburg Trains

An amendment to the regional Transportation Improvement Plan is being 
sought by PennDOT to increase funding for the Harrisburg Line 
Improvements Project.  Federal formula grants (and 20% state matching 
funds) assigned to this project are to be increased from a total of $12 
million to $16 million, to allow the leasing of two trainsets.

##G  On the Railroad Lines...

Schedule Changes-Minor
New schedules took effect the first of the month on all SEPTA RRD lines.  
Though few major changes in service were made, all riders are advised to 
pick up the latest timetable and double-check their trains.

*SEPTA is nibbling away at service to some lightly-used stations like 
Fishers (R7), Shawmont (R6), and Eddystone (R2); mostly early and late 
in the day.  Could this be a prelude to another SEPTA attempt to abandon 
these stations?  Last fall, SEPTA's plan to eliminate weekend service to 
them was hastily withdrawn when SEPTA was reminded that their doing so 
without a public hearing would be illegal.

*Late night service on weekends to Norristown and Warminster was 
restored, but the curtailed weekend service remains on both sides of the 
R3; those 1992 cuts were sharply criticized by DVARP.

*A few PM peak schedules to Wilmington and West Trenton have been slowed 
down markedly: as much as six minutes.

Wednesday Night Promotion Back
SEPTA and the City of Philadelphia have again joined forces to encourage 
people to shop, dine, and be entertained in Center City.  They're 
offering a $2.00 round trip on SEPTA Regional Rail Wednesday nights.

The promotional fare will only be valid on trains arriving or leaving 
Center City after 5:00 pm.  You must make a round-trip to qualify.  
People coming into town before 5:00 cannot use the $2.00 ticket for out-
bound travel, but it will be good for inbound travel between 
intermediate stops.  Special tickets will only be sold at a few suburban 
ticket offices and not in Center City; riders will be also be able to 
purchase the special round trip on board without penalty.

Single Car Problem Solved by MBTA?
Rollsign reports that the MBTA appears to have found the answer to "a 
mysterious problem that had been occurring on its commuter rail lines, 
causing difficulties with the signal systems."  The T suspects that 
composite brake shoes-used throughout the railroad industry-are applying 
a thin film on rail surfaces. The film decreases the ability of the 
steel wheels to make electrical contact with the rails and shunt the 
circuit.

##R1  Date Set for U. City Station

New timetables forecast a November 1994 opening date for the new station 
at the Philadelphia Civic Center.  R1, R2, and R3 trains will serve the 
station, which is convenient to the big employers in University City 
like the various hospitals.

*Airport line operations were cut back to Terminal A for a short period 
April 14th, when a bomb-sniffing dog got excited about a box in an 
airport concourse.  The box contained cooked crayfish, not TNT.

*R1, R2, and R3 trains were all delayed during the morning rush hour 
April 18 as the result of power problems.  Some Media line trains were 
annulled.  As is often the case when something happens to threaten the 
reliability of the train service, shuttle buses were used to protect the 
Airport Line.

##R2  Another Trespasser Killed
Two Amtrak trains struck and killed a man crossing the Northeast Corri-
dor at Glenolden April 26.

##R3  Rebuilding Update 
*Work is underway to repair the SEPTA station in historic Lansdowne, 
which was badly damaged by fire last year.

*A SEPTA employee reports that a new catenary structure was installed 
just south of Glen Riddle station. The track is being kept in service 
for the General Crushed Stone quarry.  Glen Mills and Westtown Stations 
are occupied and in good condition.

*On Sun., April 24th crews were laying track at Morton-drilling for tie 
plates and laying rail.  Service was single-tracked from Secane.  

Wawa Wants the Train
DVARP interviewed the property owner who lives next to the closed Wawa 
station on the West Chester line.  The owner said that the station was 
causing him problems with teenagers using it as a party ground and 
contractors using it as a dumping ground, but that tapered off when 
SEPTA installed a barrier at the station entrance.  He would welcome the 
return of train service despite the increase in traffic to the dead-end 
road which he shares with the station.

The station is now a collection of scattered bricks. The pedestrian 
underpass appears to be severely deteriorated. It would probably be a 
good idea to seal it shut.  

##R5  Zoo-Overbrook Speedup
The three to four minute slowdown of outbound Paoli Line trains is over, 
now that work on the new ground-level track past the R6 connection 
(Valley) is complete.

Reduced Service to Continue
Three months after a fire gutted the signal tower at Bryn Mawr, work to 
repair it is proceeding as planned.  The interlocking will not be back 
to regular service until mid-July, so the reduced number of rush-hour R5 
trains will continue until then too.

Watch Out! 
One consequence of the removal from service of one of the Main Line's 
four tracks and of the Bryn Mawr tower fire is that more Amtrak trains 
(and SEPTA expresses too) are running on the outside tracks.  These 
trains do not always blow a warning whistle when nearing stations.  
Riders waiting for Paoli Line trains, and any other train too, should 
always stand back from the tracks until their train arrives and comes to 
a complete stop.

Parkside Seeks 52nd St. Reopening
The Parkside Association has proposed the restoration of the commuter 
rail station at 52nd Street as part of the economic revitalization of 
the area, which has been designated as a state enterprise zone, accor-
ding to the Inquirer.  The elevated station just north of Lancaster Ave. 
saw its last train over a decade ago, and is in very deteriorated 
condition.  No response from SEPTA to this proposal has been reported.

North Wales Safety Program Underway
SEPTA began its promised program to teach North Wales youngsters how to 
be safe around railroad tracks. (see January DVRP)  According to the 
Reporter, SEPTA Safety Officer Robert Allman previewed the program with 
parents at North Wales Elementary.

Trespasser Killed on Doylestown Line
A 21-year-old college football star was struck and killed by a SEPTA 
train April 10th while walking along an isolated section of track near 
Delaware Valley College after midnight, according to the Inquirer. The 
man was walking with a friend on the right-of-way when the train 
approached.  The friend managed to get away and was treated for shock at 
Doylestown Hospital.  

##R6  Stony Creek Ribbon of Fire
The recently reactivated Norristown-Lansdale freight line became a wall 
of fire due to a overheated wheel bearing on a Conrail locomotive 
igniting dry brush along the tracks, according to the Reporter.  About 
100 firefighters from 11 companies were involved in bringing the ten 
mile blaze under control.  The fire wreaked havoc on traffic as major 
arteries like Route 202 were clogged with traffic from blocked roads 
nearby.

##R8  New Mid-Day Schedule
A new daytime R8 schedule is in effect to accomodate track replacement 
on the Chestnut Hill West Line.  The half-hour frequency of service is 
being maintained despite the heavy work being done.

MontCo OKs Station Projects
Six busy commuter stations in Montgomery County will be renovated in a 
$2.5 million project recently approved by the county. The County and 
SEPTA will split the cost 50/50.  First on the list for work beginning 
this year are DeKalb St. Station (the R6 section of the Norristown 
Transportation Center) and the R3 Philmont station.  Merion and Oreland 
will be worked on in 1995, and Elkins Park and Wynnewood in 1996.

##PATCO  Man Electrocuted at 8th St.
A New Jersey man who had wandered off the platform and onto the tracks 
was killed  at the 8th Street PATCO station when he touched the third 
rail, which is electrified at 600 volts.  A PATCO worker discovered the 
body during routine maintenance.  


##BSS  The Phils Need Your Help
The Phillie Phanatic handed out "excuse notes" to Suburban Station 
passengers the morning of April 19, so those people could get away from 
work and catch the subway to the afternoon ballgame.  SEPTA operates 
express trains to and from Pattison Ave. for every Phillies game.  With 
high parking prices and heavy traffic, it makes sense to park at a SEPTA 
station and take the train.


##LRD  Route 10 Tracks In the Drink
A water main break near Girard Ave. (between 51st and 53rd) affected 
Route 10 track which was already heavily deteriorated.  DVARP will be 
monitoring repairs made in the area for its "Eye on the Infrastructure" 
series.


##STD  End of an Era
Microchips have finally replaced the chewing gum and baling wire long 
used by the artisans of the 72nd Street 'Bullet Shop.' Barring 
unforeseen problems with the N-5 fleet, the CTA and Market-Frankford 
trains have seen their last days on the Norristown High-Speed Line.

The Chicago cars, purchased for the scrap value of $250 each, were 
expected to only be needed for a few months.  Instead they ran for five 
years.  The work done by STD maintenance, operating, and management 
personnel to keep rail service going on the one-of-a-kind line deserves 
high praise.  

Now the rest of SEPTA and its customers can benefit from this experience.  
The new cars are filled with high-tech electronic equipment, which will 
require different maintenance people with different skills.  The 
'Bullet' crew could apply their mechanical talents to the Market-
Frankford El cars in the two to three years left before the new cars 
arrive.  After that, they can extend the lives of RRD's Silverliners.  
Or maybe we could turn them loose on the remaining SEPTA PCC trolleys.  
I'll bet they could make it cost-effective to keep the PCCs rolling.

More Work on 100

The first section of the new NHSL cab signal system has been cut into 
service.  The system transmits maximum speed information via track 
circuits to an automatic speed control system in the N-5 cars.  The rest 
of the system should be switched on soon.  Information will be 
transmitted to riders, too, but not through the rails.  Station PA 
speakers will be installed starting this fall.

Meanwhile track and signal work is requiring off-peak single-track 
operation at various times.  Mid-day and weekend riders should be ready 
for minor delays.

Info Booths Return

SEPTA has reopened its customer service offices at 69th Street Terminal 
and Norristown Transportation Center, both of which had been closed well 
over a year for budgetary reasons. The hours at 69th St. are Monday 
through Friday, 6:00 am to 6:00 pm and at Norristown 7:00 to 3:00  
Services provided there include processing of Senior Citizen Transit ID 
cards, lost & found, and route and service information.

Red Arrow Notes: The John A. Robbins Co. should enjoy increased business 
at the West Goshen Shopping Center it manages.  They have invited 
SEPTA's Route 117 bus to stop there.  A welcome change from short-sighted 
businesspeople who are saying no to public transit.


##CTD  Trackless "Commitment"
In response to a DVARP question in Operating Budget meetings, SEPTA has 
supplied a document discussing the timing of the contract for replacing 
wires over Frankford Ave.  Restoration of trackless trolley service on 
routes 59 and 75 is going to have to wait until that section of the 
Frankford El is redecked, which won't be until mid to late 1995.  
However, the contract for the wire work has already been let, a 
strategic move to take advantage of current low construction costs, and 
also to give the contractor extra time to work out any problems.

The end of the memo contains some good news for Northeast neighbors: 
"Our commitment is to get these trolley wires installed, and hence 
reinstate service on routes 59 and 75 as soon as possible."  A 
commitment like this, backed up with signed contracts, is an important 
tool for rebuilding SEPTA's credibility with the public.

City Transit Notes:  A Federal grant for the $24.2 million conversion of 
the former Midvale-Heppenstall steel plant to a bus garage was recently 
announced.  The plant is in lower Germantown.

*SEPTA has proposed a minor rerouting of Route J in Germantown, to get 
the buses off a very narrow street.

##H  Important Meetings on Northeast Transit
The Philadelphia City Planning Commission is holding a pair of informa-
tional workshops to get an idea of the transportation preferences of the 
residents of Northeast Philadelphia.  The meetings will take place 
Wednesday, May 11 at the Klein Branch-JCC at Red Lion Rd and Jamison 
Ave. and Thursday, May 12 at St. Martin of Tours, 5450 Roosevelt Blvd. 
at Oxford Circle.  Both will be from 4:00 to 8:00 pm.

Coalition to hear Gambaccini, Borski
The Area Coalition for Transportation is meeting on May 2 to be briefed 
on SEPTA's budget and the state of Federal funding for mass transit.  
Joining SEPTA GM Lou Gambaccini in the presentation will be U.S. Rep. 
Bob Borski (D-Phila.).

Annette Gambaccini, R.I.P.
DVARP expressed its condolences to SEPTA General Manager Louis 
Gambaccini on the loss of his wife Annette last month.  Mrs. Gambaccini 
was extensively involved in community affairs, as well as in the affairs 
of the Gambaccini's six children.

##I  Crime Blotter Dept.
A South Philadelphia shopkeeper was nabbed in a sting operation by SEPTA 
Police, who caught her illegally buying and selling school tokens.  
While the Inquirer offered a sympathetic portrayal of the woman, we must 
note that what she is accused of doing is stealing, just as if she 
picked pockets or intentionally short-changed a customer.

According to police, who acted on a tip, Betty Rizzo took school tokens 
from local kids for 75 cents each as payment for candy and snacks, then 
resold the tokens to grown-ups at a 15 cent profit. The School District 
of Philadelphia subsidizes the cost of the tokens, so every time one of 
them was used by an adult who was not entitled to do so, the 
schoolchildren and taxpayers lost money. Not exactly a victimless crime.

*A SEPTA employee was assaulted at 69th Street when he spotted a vandal 
doing his dirty work after closing time.  The employee managed to defend 
himself with a mop; the culprit was arrested.

*Former Congressman Peter Kostmayer was robbed by two Delaware County 
teens while waiting for the train at Devon the night of April 2.  
Swiftly responding to the call, Radnor police caught the suspects.

##J  Tourist Line in Trouble
The Chadds Ford and Brandywine tourist railroad was shut down by the 
Federal Railroad Administration after it was learned that CF&B had 
shifted its passenger-hauling operations to tracks of the SEPTA-owned 
Octoraro Line.  The Octo is classified as "excepted track" by the FRA, 
which means that passenger trains must not operate on it.  To be 
approved and put into one of the six FRA classes, tracks must be 
inspected and meet specific standards for materials and alignment.

##K  ETR Survives Again
Opponents of employer trip reduction mandates failed again in having the 
state regulations thrown out.  The U.S. Environmental Protection Agency 
dismissed a Penjerdel Council challenge of the air pollution readings 
tripping the Clean Air Act requirements, saying that the Penjerdel 
readings were taken using a faulty method.

##L  DVRP Mail Woes 

Many readers have recently been receiving their Delaware Valley Rail 
Passenger later than they have been accustomed to.  While some of the 
fault its ours, we have learned that the present size of the newsletter 
makes it unable to be handled by automated equipment at the Post Office.  
The mail requiring manual sorting gets delayed, so we will try to rework 
the format into something which can be handled as efficiently as 
possible.  In the meantime, please bear with us and the P.O., and if you 
have suggestions or comments about our format, please drop us a line.
-MDM, TB

News compiled by Matthew Mitchell and correspondents: Chuck Bode, 
Howard Bender, Tom Borawski, Betsey Clarke, Lucia Esther, John Hay, 
Regina Litman, Bob Machler,Mike McEnaney, James Morgan, Don Nigro, 
John Pawson, William Ritzler.

Additional news from BITNET, Boston Street Railway Association, Conrail 
Newswire, KYW Newsradio, Lansdale Reporter, New York Times, Passenger 
Transport, Philadelphia Inquirer, USENET, Washington Post.

Special thanks to J. Thomas Collins and Frank Gormley of SEPTA

The Delaware Valley Rail Passenger is a charter member of the Rail 
Online Newswire.

##M  Computer Corner:  IndARP, World-Wide-Web On Line
DVARP welcomes Indiana ARP to the world of networked passenger 
organizations.  Paul Arden, IndARP Secretary/Treasurer, can be reached 
at <pda@aol.com>.  Arden is also an Amtrak employee.

Two new servers use the 'World-Wide-Web' to tie together rail-related 
information from all over the world.  The Web is an enhanced universal 
menu-driven interface based on the 'hypertext' concept of clicking a 
cursor on a word to go to information relating to it.  The documents can 
connect you to gophers with train schedules (including SEPTA), FTP sites 
with pictures of trains and back DVARP newsletters, and other 
interesting things.

To get to these pages, point your browser program to:
http://gpu.srv.ualberta.ca/~ybeaudoi/Virtual_Railroad/home.htm


##N  FTA Report Unflattering to SEPTA   by John Pawson

Annually. the Federal Transit Administration provides a volume which 
compares the various public transportation systems of the country.  Both 
systemwide and modal statistics are given.  The reason for the latter 
is that there are inherent cost differences among transportation modes.  
The widespread modes are motor bus, rapid transit (e.g. the subway-
elevated lines), commuter rail, and light rail transit (City Transit's 
five present lines and Red Arrow's three.

A DVARP member has furnished us with the latest (fiscal year 1992) 
figures in the most important parameter, total operating and maintenance 
cost per passenger mile.  

Operating & Maintenance  Motor   Rapid   Commuter  Light Rail
Cost per Passenger-Mile   Bus   Transit    Rail     Transit
   SEPTA                  58c     32c       44c       60c
   30 largest operators   49c     33c
   U.S. average                             25c       25c

Several observations can be made.  Beginning with the U.S. averages, it 
is interesting that rapid transit is not the most 'efficient' U.S. 
publication mode in terms of unit cost, contrary to the belief of many.  
Nationwide, both the commuter rail and light rail transit modes exhibit 
a per-passenger-mile cost that is one-quarter lower than the average of 
U.S. rapid transit systems.

However, rapid transit is the only mode operated by SEPTA of the four 
which compares favorably with the U.S average.  A likely major cause is 
SEPTA's relatively compact rapid transit network, which unlike some sys-
tems is confined to areas of high population density.

SEPTA's bus systems cost about 18% more to run than the average large 
U.S. system.  The commuter rail system costs 76% more than the average.  
The LRT lines cost 140% more.  Relative standards of passenger comfort 
aside, these comparisons alone should give pause to those who would re-
place our commuter trains with buses or trolleys.  

Another major economic parameter is 'cost recovery,' the percentage of 
operating, maintenance, and depreciation costs that fares are able to 
cover.  RRD's 1995 budget calls for a 38% cost recovery.  By contrast 
Metra [Chicago's commuter rail operator] is required to operate at a 55% 
recovery.

Reflecting RRD's unfortunately high costs and low cost recovery are 
several important non-economic parameters.  For instance, average train 
speed here (a measure of service attractiveness) is only about 23 mph, 
compared to a national commuter rail average of about 32 mph.  The 
average on-time performance (another measure of attractiveness) here is 
in the low-90% range, while other operators (who schedule more tightly) 
consistently do better.  

The average length of journey here has been about 14 miles for years.  
National average is now 22 miles and growing.  There are economies of 
scale in carrying passengers longer rather than shorter distances.   The 
average number of passengers aboard RRD trains is about 76, while most 
other commuter rail systems average well above 100 passenger-miles per 
train-mile.  Many RRD trains carry fewer than a dozen passengers, a 
diseconomy of scale.  

Behind the scenes, the RRD has taken much criticism over the years be-
cause of all these low efficiency figures.  However, converting an RRD 
line to trolleys or rapid transit would only make those figures worse.  
Much as some would like to see rail vehicles stopping at every grade 
crossing every ten to thirty minutes, such operation outside the densely-
populated, non-car-owning urban core would be unrealistic.  At peak 
times, it would even overtax rail line capacity.  Perhaps new short-
distance passengers would be attracted (diverted from transit), but 
long-distance, car-owning passengers would see worsening service.

We already have transit to serve short-haul travel needs of those who 
would accept relatively low speeds.  The commuter rail mode should 
operate more in an express mode in order to make it more competitive 
with the automobile.  Indicated are numerous changes to raise train 
speeds, improve on-time performance, etc.  It should be recognized that 
RRD service exists principally for peak hours (6-9 am and 3-8 pm week-
days) and that other operations are a secondary, "by-product" service.  
Tailor off-peak schedules to recognized demand rather than with 
arbitrary, rigid headways.

Properly combining such steps will greatly improve RRD's economic bottom 
line.  Doing this will make the Railroad Division less vulnerable to the 
"anti-railroad" criticism of those who don't like or don't understand 
the commuter rail mode and its position in the transportation 
marketplace.  

##O  Railroading and the Law:  What is FELA?   by James S. Morgan

It is appropriate that I begin with an analysis of FELA, because it was 
a dispute about the merits of the measure in a law journal which 
inspired me to volunteer to write this series. Nonetheless, 
understanding the dispute of whether FELA or Worker's Compensation would 
be better for the railroads presupposes an understanding of the nature 
of FELA, which this article covers. 

Legal Citation:  45 U.S.C.A.  sec. sec. 51 et seq. [read as Title 45 United 
States Code Annotated Chapters 51 and subsequent]  The voluminous 
U.S.C.A. is available in law libraries and many public libraries. 

Expansion:  Federal Employer's Liability Act. 

Constitutional Basis:  FELA is based upon U.S. Const. Art. I Sect. 8 Cl. 
3 [read as United States Constitution Article I Section 8 Clause 3]-the 
Commerce Clause, granting Congress the power to regulate commerce with 
foreign nations, among the states, etc.  

The first Federal Employer's Liability Act of 1906 was held to be 
unconstitutional.  The current FELA is the second Federal Employer's 
Liability Act of April 22, 1908.  The current act has withstood numerous 
constitutional challenges beginning in 1912.

Characterization:  FELA is a comparative negligence statute which 
abolished the defenses of contributory negligence, assumption of the 
risk and the fellow servant rule for railroad workers injured within the 
scope of their employment due to the negligence of officers and agents of 
the railroads.  To understand what this characterization means, it is 
necessary to examine the nature and historical impact of the concept of 
negligence in law, and then to develop the interrelated concepts of 
contributory negligence, assumption of risk and the fellow servant rule 
on the basis of examples. 

Negligence-The Elements

A plaintiff wishing to establish defendant's liability based upon 
negligence must establish four things, duty-breach of duty-causation-
damages.  To give an example, let the speed limit be the duty, or 
standard of care.  If defendant exceeds the speed limit, there is breach 
of duty, if he injures plaintiff and wrecks his/her car (damages) 
because he collided with plaintiff's car when he was unable to stop in 
time (causation), the remaining elements are established.  

Duties, or standards of care, may be established by statute, as in the 
case of speed limits, as also in the case of statutes regulating 
railroad safety, such as boiler inspection laws, laws requiring brakes 
operated by the engineer, and the hog out laws, restricting the number 
of consecutive hours train crews can work.  Other sources of duty are 
the ordinary reasonable person standard, and relationship, such as the 
duty a common carrier owes its passengers, or the duties of property 
maintenance landowners owe paying customers in business establishments 
as opposed to social guests in contrast to trespassers. 

Negligence-Its Historical Significance

At one time those who inflicted injuries based upon what was called 
direct causality were held to a standard of strict liability.  In the 
19th century, courts began requiring that plaintiffs prove that the 
injuries were the result of either intentional acts or of negligence on 
the part of defendants in order to recover damages.  

There is a controverted historical hypothesis according to which the 
captains of industry used negligence to restrict recovery.  In fact, 
according to this view, industry would never have developed without the 
imposition of the negligence standard, as businesses could never have 
functioned profitably if they had had to pay damages for all the injuries 
they directly caused.  Whether this hypothesis is true or not, injured 
railway employees suing for damages faced formidable defenses in the 
interrelated concepts of contributory negligence, assumption of the risk 
and the fellow servant rule. 

Contributory Negligence

Contributory negligence bars recovery from defendant if negligence on 
the part of plaintiff is in any way responsible for the damages.  The 
concept first appeared in an 1809 British case in which plaintiff's own 
negligence to a great measure caused his own injuries.  Nonetheless, in 
the course of the 19th century, the scope of contributory negligence was 
extended to the point that the slightest negligence on the part of 
plaintiff acted as a complete bar to recovery.  

Assumption of the risk should be familiar to any railfan who has ever 
signed a release to gain admission to railroad property.  The release 
generally states that the signer will not hold the railroad liable for 
injuries to the signer caused by the railroad's negligence, a provision 
that courts will generally not uphold.  

Assumption of risk can be difficult to distinguish from contributory 
negligence.  In a famous case, an individual with a pin in his leg 
decided to take skydiving lessons, suffering severe injuries in his first 
jump.  Had the parachuting school insisted on a medical examination, the 
pupil would have been rejected.  Instead, entry to class was gained by 
signing a release, which the court invalidated.  The fellow servant rule 
is a form of assumed risk.  It simply means that if a worker is injured 
through the negligence of another worker, he cannot sue the railroad.  
In the famous 1841 South Carolina case, Murray v. South Carolina 
Railroad, 11 S.C.L.  166 (1. McMul.) (S.C. 1841) the fireman was injured 
when the locomotive struck a cow after being negligently operated by the 
engineer.  He was unable to sue because he was said to have assumed the 
risk that other employees might be negligent when he went to work for 
the railroad. 

FELA and Comparative Negligence

While 45 U.S.C.A.  sec.51 gives a good overall summary of the measures 
introduced by FELA, 45 U.S.C.A.  sec.53 specifically addresses the issue of 
contributory negligence, while 45 U.S.C.A.  sec.54 abolishes assumption of 
risk with special reference to the famous fellow servant rule.  

Comparative negligence displaced contributory negligence, meaning that, 
if the employee's own negligence were in any way responsible for his 
injuries, his award would be correspondingly diminished.  In other 
words, if damages came to $10,000, and the jury found that the injured 
employee's own negligence contributed 20% to the occurrence of the 
accident, his or her award would be reduced to $8,000. 

Only if the employee's negligence were wholly at fault for the injuries 
would recovery be barred.  FELA provided that an employee could recover 
full damage if his injuries were the result of a railroad official's or 
agent's, or another employee's negligence, and not his own.  FELA thus 
abolished assumption of risk as a defense.

The Impact of FELA

It was first in the Fifties that many states adopted comparative 
negligence standards, some states requiring plaintiff prove that defen-
dant's negligence comes to 51% or higher to recover anything, others 
allowing plaintiff to recover something even if his own negligence 
exceeds 50%.  

FELA was a statute far ahead of its time-for injuries not occurring in 
the scope of employment.  Specifically, its introduction of comparative 
negligence, and abolition of contributory negligence, assumption of 
risk, and the infamous fellow servant rule are humane and progressive.  
The fact that claims made under the statute require litigation is not.  
New York passed the first comprehensive Worker's Compensation statute in 
1910, and the first to pass constitutionality tests in 1913, introducing 
largely lawyerless processing of workplace injury claims.

Workers' Compensation Explained

By 1920, all but eight states had adopted Worker's Compensation in some 
form, Hawaii being the last state to do so in 1963.  Worker's 
Compensation was introduced in Germany in 1883 after Bismarck became 
alarmed at the popularity of Marxists in elections.  Those interested in 
the history of Worker's Compensation should see Arthur Larson's The Law 
of Workers' Compensation (New York:  Matthew Bender, 1993).  

I will now proceed to sketch the typical provisions of Worker's 
Compensation based upon Larson's summary in Chapter I  sec.1.10.  Basically, 
employees are entitled to compensation for injuries "arising out of and 
in the course of employment,' or for occupational disease.  The award is 
not affected by the employee's contributory negligence.  Only if the 
injury is intentionally self-inflicted is the employee barred from 
compensation.  

On the other hand, the employer's liability is limited in two respects.  
First, compensation is established according to a fixed schedule.  An 
employee whose injury costs him the use of one hand will be paid a num-
ber of weeks' salary.  An employee who is permanently and totally 
disabled will receive periodic payments amounting to a certain portion 
of his salary.  Second, workers' compensation is the exclusive remedy of 
the injured employee.  An employee injured in the course of work may 
only sue if the injury results from an intentional act by the employer, 
or if the injury is due to a defective product manufactured by someone 
other than the employer.  Should the employee obtain judgment against 
the manufacturer, workers' compensation benefits will have to be repaid 
from the award.  

Workers' compensation offers employees the advantages of immediate 
periodic payments without having to establish the employer's negligence, 
or wait for litigation.  It offers to employers the benefits of fixed pay-
ments according to a schedule and of freedom from litigation.  Although 
there has been litigation over the scope of the terms "arising out of 
employment" and "in the course of employment," as well as over types of 
work covered, basically workers' compensation claims are handled 
administratively, and do not require attorney intervention.

The Isolation of the Railroads

Federal employees are not subject to state workers' compensation, but 
instead have their own form of it in the Federal Employees' Compensation 
Act (FECA) 5 U.S.C.A.  sec.8101 et seq.  Dock workers have their own form of 
workers' compensation in the Longshoremen's and Harbor Workers' 
Compensation Act, 33 U.S.C.A.  sec.901 et seq.  Readers interested in seeing 
compensation schedules for themselves are referred to 5 U.S.C.A.  sec.8108.  

On the other hand, the Jones Act, 46 U.S.C.A.  sec.688, which covers the 
merchant marine, states that FELA shall apply to seamen injured in the 
course of employment.  Hence, although the isolation of the railroads is 
not total, the exception proves the rule.  Even the Jones Act explicitly 
refers to FELA.  The vast majority of federal and state employees are 
subject to some form of workers' compensation, and their employers are 
generally free from liability to lawsuits.

The Costs of Litigation

The disadvantage of having to compensate workers injured wholly as a 
result of their own negligence is outweighed by the expenses employers 
would incur even in litigation which turned down the employee's claim.  
In the United States, the winning party in a lawsuit generally cannot 
recover attorney's fees, as opposed to the Civil Law countries of 
Europe, where the awarding legal fees to the prevailing party is viewed 
as a measure for deterring frivolous suits.  

Hence, even if the railroad prevails, defense attorneys' fees must be 
paid. Should the railroad lose, it still must pay defense counsel's 
fees, plus compensation to the employee for medical expenses and lost 
wages, plus compensation for pain and suffering, from which the injured 
employee pays his or her attorney.  No matter who loses, the lawyers 
always win in a FELA case.  Under Workers' Compensation, a railroad 
would be liable only for an amount covering medical care and lost wages.

Why the Isolation of the Railroads?

The answer seems to be fairly straightforward at first. Railroad workers 
are not federal employees, but the railways are regulated by federal 
legislation.  FELA provides that it shall be the exclusive remedy of 
railroad workers, preempting state workers' compensation.  If a federal 
clean water statute establishes a certain standard of purity, this does 
not prevent a state from imposing stricter standards, but in the case of 
FELA, the preemption is absolute.  Since railway workers are not federal 
employees, they do not benefit from FECA.  

Nonetheless, the various railroad acts are like much early factory 
legislation, applying only to specific branches of industry.  For 
example, New Jersey's Factory Act of 1904 prohibited the employment of 
children under 14 in factories.  Soon the child labor provisions were 
amended to apply to children working in houses of merchandising, and 
then to those working in agriculture.  Only in 1932 did New Jersey pass 
a general child labor statute.  Nonetheless, the Federal-state problem 
did not prevent longshoremen from jumping on the workers' compensation 
bandwagon.  Perhaps there are other factors at play in the isolation of 
the railroads.

FELA as a Punitive Statute

The reader interested in railroad law would be well advised to read 
journals such as Transportation Law Journal, Traffic World and 
Transportation Practitioner's Journal, available in many law libraries.  
Recently, Babcock and Oldfather published "The Role of the Federal 
Employers' Liability Act in Railroad Safety," Trans L J 19:381 (1991), 
which was followed by Saphire, "FELA and Rail Safety:  A Response to 
Babcock and Oldfather 'The Role of the Federal Employers' Liability Act 
in Railroad Safety'," Trans L J 19:401 (1991).  

Basically, Babcock and Oldfather argue that the railroad employee safety 
record is poor, and that FELA, by making injuries more expensive to the 
railroads, will improve railroad safety.  Babcock and Oldfather cite an 
overpowering array of statistics in urging the 101st Congress to reject 
the railroads' contention that FELA should be replaced by state workers' 
compensation.  

Saphire attacks the statistics Babcock and Oldfather cite.  He says they 
compare employee safety for the rails not with comparable heavy 
industries, but with office workers.  He urges furthermore that Babcock 
and Oldfather include non-employee injuries in assessing Amtrak's 
employee safety record.  Most important, he argues that FELA is not a 
good measure for improving rail safety.  Lawsuits simply put employer 
and employee in a contest to shift the blame to each other instead of 
seeking to determine the real cause of an accident.

Look for future installments of "Railroading and the Law" 
in coming issues of the Delaware Valley Rail Passenger


##P  Amtrak News
Amtrak Ups Fares 2.5%
May 1st brought a fare increase to many Amtrak passengers.  The average 
increase is 2.5 percent, but actual increases vary by route.  Though the 
hike was announced in advance, ticket agents were unable to inform 
passengers how much specific tickets would be increased by.  

As a quasi-private company, Amtrak is not regulated like public transit 
agencies, and is not required to hold public hearings before increasing 
fares.  

Sunset Follow-Up
Tugboat pilot Willie Odom gave up his Coast Guard license rather than 
face a hearing on his conduct in the Bayou Canot disaster which claimed 
48 lives.  A string of barges Odom was pushing struck a railroad bridge 
when they were pushed into the wrong channel, causing Amtrak's Sunset 
Limited to derail and go off the bridge. The National Transportation 
Safety Board is still working on an official report of the cause of the 
accident.  

Transportation Secretary Frederico Pena has said already that measures 
to improve waterway safety are necessary, starting with a Federal 
regulation that river tugs carry basic navigational tools like maps and 
compasses.  This from an agency that doesn't seem to have waited so long 
in imposing and enforcing mandates on railroads.

The NTSB did issue its report on the collision of an Amtrak train and a 
gasoline tanker March 1993 in Fort Lauderdale.  Driver error and 
inadequate traffic control caused the tanker to stop on the tracks 
instead of before them.  Six people died in the resulting fireball.

Metroliner Perks
Amtrak has started a new frequent traveler program called "Executive 
Privileges."  By signing up for the program, Metroliner riders can use 
the Metropolitan Lounges at Corridor stations and receive special travel 
offers.  If you ride Metroliner Service, stop at the Passenger Services 
Office at the station for an application.

Long-Distance Commuting a Bit Easier
Amtrak has followed the lead of the commuter railroads and of