(The following story by Dan Tracy appeared on the Orlando Sentinel website on February 23, 2010.)
ORLANDO, Fla. — The chief executive of Amtrak is again threatening to scuttle the SunRail commuter train planned for Central Florida before it picks up its first passenger.
In a letter mailed Monday to the Florida Department of Transportation, Joseph Boardman of Amtrak said he was terminating a previous agreement his agency had with the state to share tracks with SunRail.
Boardman said in an interview Tuesday with the Orlando Sentinel that he wants a better liability deal from the state than is being offered in case there is an accident between Amtrak and SunRail, both which would run on tracks Florida intends to buy from CSX of Jacksonville.
The way the deal stands now, he said, Amtrak could be liable for millions of dollars to people injured or killed in an accident. Instead, he wants the state to shield Amtrak from some potential lawsuits and claims.
“Amtrak can’t take the business risk,” said Boardman, whose federally subsidized company runs passenger service in Central and South Florida.
Boardman said he is not certain if his action could stymie the state’s ability to build and operate the $1.2 billion commuter train that would link DeLand in Volusia County with downtown Orlando and Poinciana in Osceola County. But, he said, he wants the state to pay attention to his concerns and negotiate with him.
FDOT officials in the past have said they doubt Amtrak can halt SunRail and have called Boardman’s statements a negotiating ploy. FDOT Assistant Secretary Kevin Thibault, who oversees SunRail, could not be reached Tuesday.
Republican U.S. Rep. John Mica of Winter Park, a SunRail proponent, said Amtrak is “nudging” the state to come to some sort of an agreement.
“It’s a reminder that this has to be dealt with,” said Mica, who added he thinks Amtrak probably ought to have an improved liability agreement.
Boardman essentially wants the same protections CSX of Jacksonville got as part of its contract to sell tracks to the state for SunRail, which could start running in late 2012. He first complained publicly to FDOT in January.
A meeting in Washington, D.C., followed with FDOT officials, with Boardman indicating that the talks were beneficial.
But his letter indicates he is far from satisfied. Amtrak attorneys, he said, will offer a proposed liability bill for FDOT and the state Legislature to consider.
In his letter, Boardman said he had canceled the 2008 memorandum of understanding between Florida and Amtrak that outlined the SunRail rail-corridor purchase. “Amtrak must protect its own business integrity,” he wrote.
Thibault previously said Amtrak is being unfair because it is asking for more protection than it has now in South Florida, where it has shared state-owned tracks with the Tri-Rail commuter train for more than 20 years.
Boardman countered that the Tri-Rail deal was made by a previous Amtrak administration. “I don’t like the Tri-Rail deal. It’s not acceptable to us,” he said. “There’s too much risk.”