One thing that will kill the deal is the inoperative or non-maintained state of grade crossing or other signals; as will non-maintained or failed locomotive brake controls. Even if the track has been fixed, either of these will still cause the F.R.A. keep the NWP shut down. Even inadequately trained maintenance personnel will probably keep it shut down. In fact, all these were major issues listed on the original shutdown order, along with the improperly maintained track of course. But one would presume that everything specifically listed on the shutdown order would have been corrected before the NCRA even bothered to asked for the inspection.

As to trying to operate that long a railroad line in the "excepted" state at 10mph; that will drive operating costs out of sight. The new operators won't make it for long, no matter the amount of traffic, with anything less than class 2 or 3 track for most of the way. Trying to operate that way was in fact the final nail in the coffin of the Penn Central and many other eastern roads. Labor costs just plain go through the roof when it takes too long to get over the road. Deferred maintenance was the killer with the smoking gun there.

Of course, SMART will need at least class 3 track in the areas they operate over; but will do much better with class 4 where speeds could otherwise be higher than 60mph. Despite the absurd hoopla from opponents at SMART, upgrading the class designation of in service trackage is no big deal, especially if traffic is light. But of course, that presupposes a rational plan to merely add signals and sidings, and beef up the existing track. Of course, being a gov't agency, they probably are planning a complete grandiose rebuild. But that is not really necessary and they don't really have the money for it anyway.

But I suspect the real reasons for SMART's opposition to NCRA are: 1) Political opposition to all industry; 2) But mostly, the desire be exempted from compliance with federal crash standards, that would be imposed if they share the track with freight. They are already negotiating right now to purchase non-compliant foreign death traps, even though they have obtained no such exemptions. Real SMART!

But they've got a real surprise coming. Even CalTrain's supposed exemptions came at the cost of huge conditions; conditions which substantially re-instate all the functionality of the original crash-worthiness requirements anyhow. The only real difference is that they are now free to use differing methods, but still must accomplish the same end to the same or better standard.

Moreover, after the WMATA accident, even previously exempt transits are going to come under the same or similar federal regulations. What is not yet known, is only whether the rules will be administered directly by the FTA, or By the FRA. Early indications suggest that even if the new laws give the responsibility to the FTA, they will mostly delegate the technical details to the FRA anyway.

Already, places like BART are exploring ways to beef up their fleets to be in compliance. In the case of BART, it may mean (so I've heard from friends there) that BART switches from their current flimsy aluminum sardine cans to relatively heavy stainless steel cars; much as WMATA already has with their newest cars.

SMART is in fact, acting very stupidly. The day of tiered exemptions to federal law will soon be thankfully over. But as usual, it required much death before Congress finally began to act - but it is now in the works at least. SMART is not going to get their way with the Feds - period!

OPB