» ESPA STATEMENT TO US DEPARTMENT OF TRANSPORTATION ON PROPOSED ADA SECTION 504 REGULATIONS

July 28, 2006

Addressed To US Department of Transportation

“The Empire State Passengers Association represents rail passengers in New York State. We appreciate the opportunity to comment on the proposed regulations on boarding platforms at rail stations. 

We are particularly concerned about the regulation requiring full length level boarding platforms for all new or rehabilitated stations.  This requirement would have a profound impact in our state because all the rail equipment currently in use here would require high level platforms to comply.

While high level platforms have many benefits for passengers and train crews, including easier and faster boarding, they cause serious problems on tracks used by heavy freight traffic because freight cars can rock enough to physically damage the platforms. The switches, signals and diverging tracks, whether gauntlet or total bypass, required alleviating this problem are extremely expensive, both in terms of construction and maintenance.

We fear the practical effect of requiring full length level boarding platforms for all new or rehabilitated stations will be to make rail passenger service unaffordable at smaller communities. One such community is Lyons, N.Y., which has been working for more than 10 years to institute a stop to serve the Finger Lakes area of Central New York State. But the proposed station location would be on the CSX main freight route from New York and New England to Chicago and the west. It has extremely heavy freight traffic, and the level boarding requirement (i.e. high level platforms) would likely simply price it out of reach of available funding sources.  Perhaps this would be covered by the “Undue burden” language, but much would depend on how that is interpreted.

New York State has developed an incremental passenger rail improvement plan which does call for high level platforms at some stations, and low level platforms at others.  While the cost for high level platforms may be justified for highly utilized stops, we feel the requirement is unreasonable where relatively few passengers board any given train and the actual number of passengers with

disabilities is low.  We think a passenger railroad must be allowed the flexibility to board handicapped passengers in a cost effective manner appropriate to the volume.  This could include lifts, ramps or short sections of high level platform set back from the tracks with bridge plates.  .

In summary, we do not feel ADA regulations should deprive non-handicapped travelers of the ability to travel by train by making the construction of new rail stations beyond the financial reach of smaller communities. Many cities and towns in upstate New York are struggling to maintain their economies, and rail passenger service is, or can be, an important asset in this struggle.

The Empire State Passengers Association (ESPA) is comprised of over 1,400 members located throughout New York State.  Over the past twenty-five years, the Association has worked with federal and state government officials to improve intercity passenger rail service in New York.”

Bruce B. Becker
President
Empire State Passengers Association