(The following story by Lindsay Peterson appeared on The Tampa Tribune website on March 25.)
TAMPA, Fla. — Massachusetts lawmakers are refusing to shield CSX from liability in passenger train accidents, unlike key Florida lawmakers who agreed to CSX’s liability terms in a $491 million deal with the railroad company.
Both Florida and Massachusetts are negotiating with CSX Transportation to buy railroad tracks for government-run commuter rail. The proposed system in Florida would cover 61 miles in the Orlando area. CSX would carry freight on the line during slow commuter hours.
In both deals, CSX wants the states to accept “no-fault” liability provisions. That means the states would take responsibility for all accidents involving passenger trains, even in accidents caused by CSX’s negligence.
Massachusetts Lt. Gov. Timothy Murray calls the provision “completely unreasonable” and says the state is likely to end negotiations before agreeing to it.
In Florida, however, the House Infrastructure Committee last week approved the liability provision. Committee chairman Rich Glorioso, R-Plant City, said he thought it was “fair to the citizens of Florida and fair to CSX.”
It makes Florida taxpayers responsible for damages if commuter trains or passengers are harmed in an accident — even if, for instance, a freight train operator is negligent and collides with a commuter train. But it also makes CSX responsible for its own property and workers.
CSX spokesman Gary Sease said that the company is taking an additional risk by having passengers on a line previously used mostly for freight. “There has to be some additional protection in place,” he said after last week’s committee meeting.
The liability provision is part of a larger deal in which the state would spend $491 million to buy the Orlando-area tracks and help CSX expand its freight operations into a massive hub in Polk County.