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California State Rail Plan 2005-06 to 2015-16

California State Rail Plan 2005-06 to 2015-16

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<strong>2005</strong>-<strong>06</strong> – <strong>2015</strong>-<strong>16</strong> <strong>California</strong> <strong>State</strong> <strong>Rail</strong> <strong>Plan</strong><br />

DEFINITION OF COMMUTER VERSUS INTERCITY RAIL<br />

The Federal <strong>Rail</strong> Passenger Service Act (RPSA) and subsequent legal decisions<br />

define commuter and intercity rail service.<br />

The RPSA (49 U.S.C. 24102) states that:<br />

“Commuter rail passenger transportation” means short-haul rail<br />

passenger transportation in metropolitan and suburban areas usually<br />

having reduced fare, multiple-ride, and commuter tickets and morning and<br />

evening peak period operations.<br />

The Penn Central Transportation Company Discontinuance decision (338 ICC<br />

318) was issued by the Interstate Commerce Commission (ICC) after a 1971<br />

investigation held <strong>to</strong> determine whether certain trains constituted commuter<br />

service, thus placing them outside the jurisdiction of Amtrak, which at the time<br />

had just been created.<br />

Specifically, the ICC concluded that a commuter service would likely include<br />

some or all of the following features:<br />

• The passenger service is primarily being used by patrons traveling on a<br />

regular basis either within a metropolitan area or between a metropolitan<br />

area and its suburbs.<br />

• The service is usually characterized by operations performed at morning<br />

and evening peak periods of travel.<br />

• The service usually honors commutation or multiple-ride tickets at a fare<br />

reduced below the ordinary coach fare and carries the majority of its<br />

patrons on such a reduced fare basis.<br />

• The service makes several s<strong>to</strong>ps at short intervals either within a zone or<br />

along the entire route.<br />

• The equipment used may consist of little more than ordinary coaches.<br />

• The service should not extend more than 100 miles at the most, except in<br />

rare instances; although service over shorter distances may not be<br />

commuter or short haul within the meaning of this exclusion.<br />

The RPSA (49 U.S.C. 24102) also states that:<br />

“Intercity rail passenger transportation” means rail passenger<br />

transportation, except commuter rail passenger transportation.<br />

Thus, both the RPSA and the ICC specifically defined commuter rail service in the<br />

manner detailed above, and stated that intercity rail service is all other service not<br />

falling within the commuter rail definition. The inclusion of <strong>State</strong>-supported rail<br />

services under the RPSA definition of "intercity" is critical because Amtrak has<br />

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