Safety Issues Derail Opening

Capital Metro postpones start of rail service after alleged violations by train operator.

AUSTIN -- Local residents have been waiting a long time for a much-vaunted 32-mile commuter rail service linking rural Leander and downtown Austin. Capital Metro President and CEO Fred Gilliam shared the sentiments of many when he told KEYE 42 news (CBS), “It’s a long time coming and I think the community is ready for it too.”

Proponents of commuter rail assert that introduction of this transportation service will help make Austin a “world-class city,” much like famous hotspots such as Paris, London, and Tokyo (cities which incidentally all feature commuter trains).

However, behind the shiny new train cars, the modern, open air stations, and dreamy visions of a stress-free commute on the rail line, remain some serious funding shortages and potential safety hazards that Capital Metro officials have been working to remedy before rail service begins.

Local transit authority Capital Metro (which also runs the bus system) will manage the new train system using the services of various private contractors.  Alleged violations by the private contractor that gets paid by Capital Metro to operate the entire rail system are at the core of the latest delay in opening the MetroRail service, which was scheduled to kick off on March 30th.

In a February 27 article in the Austin Business Journal, Capital Metro spokesman Adam Shaivitz first hinted that safety issues had arisen and that officials “may have to look at the March 30 [rail opening] date.” He added that, “Any delay or period of limited service would be brief, one to two weeks …”

The Business Journal described how, “[d]uring testing, Cap Metro discovered an issue with shunting, the circuit detection system that activates as a train moves on the tracks. Shunting enables trains to properly dispatch and controls crossing signals. To resolve the issue, Cap Metro has brought in a nationally recognized shunting expert.”

Two weeks before the scheduled opening date, new reports began to circulate about Federal Railroad Administration charges against Capital Metro’s private contractor, Veolia Transportation, over safety issues.

Federal Railroad Administration (FRA) safety regulators allege that on two consecutive days during testing in February, Capital Metro’s MetroRail train conductors (who are employed by Veolia) had, “entered a section of track without prior authorization during system testing.”

Days after these federal charges against Veolia’s train engineers became public, on March 20, Capital Metro board member and City Councilman Mike Martinez called for a further delay before opening rail service.

In a statement, Mr. Martinez said, “The safety of the public has to be Capital Metro’s top priority, and I simply don’t believe that our rail service should begin until we know that all safety issues have been completely addressed. Accordingly, I believe Capital Metro should cancel the launch celebration currently planned for next weekend … We must also seek answers to the many questions surrounding Capital Metro and judgment errors that have plagued the agency for some time now.”

That same day, Cap Metro announced cancellation of the March 28 “public celebrations,” and an “indefinite delay” in opening the new commuter rail line.  The only thing to look forward to was some sort of “status update” around May 15.

Capital Metro CEO Fred Gilliam called for Veolia to replace its safety director, and said in a public statement that, “Capital Metro is deeply disappointed over this delay, but under no circumstances will we jeopardize safety by rushing this process.” Capital Metro officials announced that they are flying in “experts” from the Massachusetts Bay Transportation Authority (MBTA), a regional train system centered in Boston, Mass., that Veolia also operates through a “public-private partnership.”

The crossing arms at some intersections are not functioning correctly either. Some crossing arms are not lowering until the train is just yards away from an intersection, and according to KVUE news, (3/15/09), in a February test, “a crossing arm landed on top of a vehicle during a test run. Cap Metro says that was an isolated incident, but admits some of the signals are not opening and closing properly when a train approaches. The company hired an outside consultant to help fix the problem.”

Can Public-Private Partnership ensure commuter rail safety?

Capital Metro’s commuter rail project appears to be a series of high-priced contracts, using federal funds and the public’s sales tax money to pay for the services of “outside consultants.”

Capital Metro has hired one very important contractor, Veolia Transportation, to manage the entire rail system.

Veolia Transportation is a big time corporation.  They offer services in cities across the U.S., including taxis and airport shuttles, vans and buses, and expanding ventures into “light rail” and “commuter rail” services. On their English language web site, they advertise the company’s range of services:

Veolia Transportation is a leading private operator of bus, rail, paratransit, shuttle, sedan and taxi services. We manage transportation under contract to 150 cities, transit authorities and airports, providing them with safe and sustainable mobility solutions. Our mission is to improve public transportation, to enhance quality of city life and combat global warming.

Our Transit Division operates some of the largest and most sophisticated bus networks in the U.S. and Canada in cities of all sizes, including Las Vegas, Phoenix, Denver, San Diego, Atlanta, Baltimore, and suburbs of Washington, D.C. and Toronto. Our Rail Division operates major commuter rail networks in Boston, Miami, Los Angeles, San Diego and Austin. And our On-Demand Division provides airport shuttle, taxi, private sedan and charter bus services to airports and around town in 30 leading U.S. cities.

Veolia Transportation is the North American subsidiary of Veolia Environnement, a Paris, France-based conglomerate that is “a global leader in environmental services,” that may be poised to take advantage of proposed worldwide “cap and trade” limits on carbon dioxide production.

2008 Chatsworth commuter train wreck

Veolia’s role as the private contractor operating Austin’s commuter rail has now become the subject of a firestorm over the safety of the new rail system, in large part as an aftershock from the commuter train accident in a suburb of Los Angeles in September 2008.

On September 12, 2008, at about 4:42 p.m., near Chatsworth, Calif., a westbound Metrolink commuter train collided head-on with a much larger eastbound freight train (operated by Southern Pacific). 25 people died in the accident, and over 140 people were seriously injured and hospitalized after the crash.  Veolia Transportation and Connex Railroad, LLC, are the “public-private partners” who operate Metrolink, the commuter train service for Southern California.

The Austin American-Statesman’s Ben Wear has done some the most informative reporting on the safety and financial issues that have plagued the commuter rail line project.

Bill Le Jeune, Capital Metro’s director of commuter rail and railroad management, told the Statesman’s Mr. Wear that the likelihood of a MetroRail commuter train colliding with a freight train was, “Unlikely to the point of near impossibility … given that passenger trains will run during the day and freight trains only at night, and that the agency is taking several measures to ensure that freight trains -- all of which are operated by Capital Metro -- will be quarantined outside the 32-mile Red Line corridor when it’s time to carry people.”

Although freight trains will be “quarantined” during commuter hours, because there is only a single lane of track along most of the 32-mile route, there remains an ever-present risk that two MetroRail trains (one northbound and the other southbound) may collide head-on.

To accommodate trains going opposite directions, Capital Metro has built “siding tracks” at four stations along the route.  One train may have to wait several minutes at these stations to allow the other train going the opposite direction to pass.  If Capital Metro buys more trains in the future to offer more frequent service, they will need to build siding tracks at the other five stations and factor in those additional costs.

Mr. Le Jeune admitted that automobile drivers are one safety factor that Capital Metro officials do not have under control.  And there is concern that the train’s introduction  will lead to a new wave of train collisions with automobiles, as well as a new peril for pedestrians.

Mr. Le Jeune said, “The toughest thing to predict is the vehicular traffic … You just don’t know when you’re going to meet the next idiot.”  MetroRail service will be running most often during morning and evening “rush hours,” when incidentally there are also the most automobiles on the road.

To help build awareness of rail dangers, Capital Metro has begun a public education campaign aimed at elementary school kids alerting them that an encounter with a moving MetroRail train could be a dangerous one indeed.

Ben Wear reported (10/5/08) that, “Capital Metro officials for months have been making presentations at the 71 schools within two miles of the line, telling children that ‘tracks are for trains, not for playing games.’ Working with Girl Scout officials, they even managed to create a train safety patch.”

Capital Metro officials warn against drivers who become impatient and go around crossing arms that have been lowered. Media liaison Adam Shaivitz told KVUE News (2/23/09), “We really need people in the community to be more aware of being safe around railroad tracks … Going around railroad gates is not only against the law, but more seriously, it’s dangerous, could be deadly, and frankly, it’s just plain stupid.  Stopping you car on the tracks, same thing.”

Policymakers are considering issuing fines against drivers who stop their vehicles too closely to (or on top of) the railroad tracks due to a red light or other traffic issue.

“Quiet zones” may make trains a silent threat

One issue that concerns neighbors near the railroad tracks is the sound from the passing trains, and especially the roaring train horn that warns bystanders of the locomotive’s approach at road-rail intersections.

According to the Austin Business Journal (12/24/08), “Federal law requires that trains sound their horns at all public crossings unless a quiet zone has been established.”

Many of the train crossings in the northern suburbs of Leander and Cedar Park have received “quiet zone” approval from U.S. government railroad regulators, and now Capital Metro is applying for the right to not sound the train’s warning horn in the section of the route between McNeil Drive and Gracy Farms Lane (near the new Domain luxury development).

Commuter trains will travel faster and more quietly than existing freight traffic, making the possibility for unforeseen collisions even greater.  If a train crosses an intersection in a “quiet zone,” it is not going to sound its horn to warn drivers and pedestrians who might be at these intersections.

While this means that neighbors will not have to deal with excess noise from the commuter trains passing every 30 minutes (or freight trains blowing their horns during all hours of the night), this policy shift makes trains a more “silent threat” to bystanders around the tracks.

To reduce the likelihood of train collisions with cars in these “quiet zones,” Capital Metro must comply with certain federal regulations.  In his February 9 report, Ben Wear reported that, “In order to allow trains to pass by without blowing the horn (or ringing the train’s bell), a rail operator must install four-arm gates that make it impossible for a car to drive around a single lowered signal arm on each side of the track. Or, if there is a raised median in the road that would block such a maneuver, then traditional dual gates can qualify.”

“Quad gate installations” cost about $300,000 a piece to put in, much more than traditional train crossing arms.  Capital Metro has already installed more than 40 of these devices, although there are about 75 total road rail intersections along the 32-mile route.

Capital Metro gets 1% of the 8% (plus or minus) sales tax that consumers are forced to pay in cities in Travis and Williamson counties that enter into service agreements with Capital Metro.  Sales tax revenues have fluctuated, but this local tax alone gives Capital Metro officials way over a $100,000,000 to play with each year.

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Structure at Capital Metro

Capital Metro’s board consists of (5) elected officials and (2) appointed “members-at-large.”

Fred Gilliam, President/CEO
Margaret J. Gomez, Chairperson
Jamie L. Jatzlau, Vice Chairperson
Mike Manor, Secretary
John Cowman, Board Member
Mike Martinez, Board Member
Brewster McCracken, Board Member
John Trevino, Board Member

Capital Metro’s 2008 Budget* (in millions of dollars)

Transportation fares                 $6.69 M
Contract revenue                      $7.07 M
Freight rail                              $10.45 M
Operating Revenues          $24.21 M

Sales and use tax                      $157.96 M
Grant revenues                           $14.99 M
Other income                           $5.59 M
Non-Operating Revenues    $178.54 M

Labor                                                               ($49.39) M
Fringe Benefits                                                 ($36.20) M
Services                                                           ($31.36) M
Materials and supplies                                       ($23.52) M
Other expenses (utilities, insurance, taxes)         ($28.76) M
Operating Expenses                                        ($169.23) M

Build Central Texas Program                                ($1.18) M
Mobility Programs                                              ($12.00) M
Change in Net Assets                                          ($7.89) M

*per Capital Metro Approved Fiscal Year 2008 budget report pp. 39-40.

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