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After Amtrak's epic 37-hour Auto Train nightmare, everything you need to know about rail passenger rights

NEWS - 21-01-2023


According to the Amtrak website, the idea is straightforward: "Instead of being slowed down on I-95, you and your car might Get Carried Away on the Auto Train."


You may save 900 miles of driving over the course of a 17-and-a-half-hour trip by packing up your car with everything you need for a vacation, driving to the Lorton, Virginia Auto Train station (close to Washington, D.C.), and taking an overnight excursion to Sanford, Florida (close to Orlando).


Up until last week's fiasco with the Auto Train, it sounded great.


There was a 20-hour delay for passengers who left Lorton on Monday at 5 p.m. and didn't arrive in Sanford until Wednesday at 6 a.m.


They were delayed aboard for 37 hours in total, largely in South Carolina, due to a prior derailment somewhere else along the route.


People and animals being unable to disembark, travelers contacting 911 to report being held hostage, and a solitary pizza delivery over the entire two-day delay have all made headlines recently. 


Here is information on railway passenger rights and what we currently know about the incident. 

 

What happened? 

Overnight Auto Train was traveling from Virginia to Florida on behalf of Amtrak.
However, senior public relations manager for Amtrak, Kimberly Woods: "Due to a CSX freight derailment in South Carolina, the Amtrak Auto Train experienced severe delays.
The journey took longer since the train had to divert from its intended path in order to continue running south."


Despite the fact that news organizations have published several passenger complaints about things like a lack of communication and access to outdoor space, Amtrak insists that "Along with meals, snack packs, and beverages, customers received regular updates.
During the journey, extra food was also offered by nearby restaurants.
Pet owners and the onboard personnel collaborated to arrange toilet breaks." 


What legal rights do American railway passengers have? 


Unfortunately, there are no passenger safeguards for train travel in the United States, despite our best efforts to avoid breaking the terrible news to you.


Similar to the EU261 flight compensation legislation for air travel, most European nations provide instant reimbursement for train delays.
As an illustration, in Germany, monetary compensation is initiated after just 60 minutes of delay.


Recent policy changes by the U.S. Department of Transportation for American airlines have made it simpler for passengers to get reimbursed for delayed flights.
Similar steps have not yet been taken by the department for rail travel, though.


Amtrak must take action to compensate passengers affected by this week's train accident.
As of Wednesday at noon, we still have not heard back from the company after asking for information on how it intends to pay the affected passengers. 


Who regulates Amtrak? 

 

Who controls Amtrak should have a clear answer, yet it is somewhat murky.


Justice Anthony Kennedy stated in the majority opinion of a Supreme Court case involving Amtrak and freight trains in 2015 that "Amtrak was formed by the government, is controlled by the government, and functions for the government's advantage."


The DOT is also in charge of managing passenger train service.
The U.S. Secretary of Transportation (now Pete Buttigieg) has a seat on the 10-person board of Amtrak, which is administered as a for-profit corporation, the DOT claims.