(The following story by Tom Bell appeared on the Portland Press Herald website on April 23.)
PORTLAND, Maine — A federal court ruled in favor of Amtrak this week in its long-standing dispute over the top speed of its Downeaster trains.
The decision by the U.S. District Court of Appeals in Washington, D.C., supports Amtrak’s efforts to increase the maximum speed from 59 to 79 mph. Amtrak and Guilford Rail System can now enter final negotiations over train speeds, said Ron Roy, director of Maine’s Office of Passenger Transportation.
Still at issue is who will pay for the higher rail-maintenance costs caused by faster speeds.
Guilford, which owns the track in Maine and New Hampshire, has been battling Amtrak over track standards and higher speeds since the early 1990s.
Guilford has insisted that sturdier tracks and firmer rail beds are needed to safely run trains at 79 mph. Amtrak paid Guilford $50 million to overhaul the tracks in 2000 and 2001.
A year ago, the U.S. Surface Transportation Board said it was satisfied that tests run on the new 115-pound track proved it was safe for higher speeds. Guilford appealed. On Tuesday, the District Court ruled that Guilford wasn’t harmed by the transportation board’s decision.
The court didn’t consider any of Guilford’s safety arguments. Rather, the court said it lacked jurisdiction to review the board’s order because Guilford is not an aggrieved party.
Officials from Guilford could not be reached for comment.
Traveling 79 mph would cut the travel time between Boston and Portland by six to 10 minutes. The current trip, which includes eight station stops during the summer, takes two hours and 45 minutes.
Amtrak and Guilford are talking about additional track improvements, such as fixing slow stretches near Wells and adding a side track. Part of the Massachussetts Bay Transportation Authority-owned track near Wilmington, Mass., could also be upgraded to improve speeds, Roy said. He said the 114-mile trip to Boston could be shortened to two hours and 30 minutes.
Patricia Douglas, marketing and development manager for the Northern New England Passenger Rail Authority, said the agency needs time to study the ruling before commenting.
“Obviously we are happy about the ruling, and it came in our favor,” she said. “But there are lots of pieces to this, and we really need to decipher the ruling before we can make a comment and move forward.”
Chop Hardenbergh, editor of Atlantic Northeast Rails & Ports, a weekly newsletter, said the higher speeds will help the rail authority market the train, even if it only shortens the run by a few minutes.
“Trains going 79 mph are clearly faster than the speeds people are supposed to be going down the interstate,” he said.
Because the train stops at stations and slows down in other places, such as swampy areas and curves, the average speed for the trip currently is 41 mph.
Hardenbergh said he wouldn’t be surprised if Guilford appeals to the U.S. Supreme Court, and expressed doubts that the train will be traveling at 79 mph anytime soon.
“With Guilford, are you kidding?” he said. “This is not the end.”
The Downeaster began service from Portland to Boston in December 2001. It has Maine stops in Old Orchard Beach, Saco and Wells; New Hampshire stops in Dover, Durham and Exeter; and Massachusetts stops in Haverhill and Woburn.
A regular, one-way ticket between Boston and Portland costs $21. Starting Monday, coach passengers will no longer need reservations to board the train.