What to know about rail passenger rights after Amtrak's epic 37 hour Auto Train nightmare
The premise seems simple, according to Amtrak's website: "Instead of being stuck in traffic on I-95, you and your vehicle could Get Carried Away on the Auto Train."
Pack your car with everything you need for a vacation, drive to the Auto Train station in Lorton, Virginia (near Washington, D.C.), for an overnight trip to Sanford, Florida (near Orlando), and presto — you save 900 miles of driving during a 17 1/2-hour trip.
It sounds fantastic ... until this week's Auto Train nightmare.
Passengers who departed Lorton on Monday at 5 p.m. didn't arrive in Sanford until Wednesday at 6 a.m. — a 20-hour delay.
In total, they spent 37 hours stuck on board, mostly in South Carolina, after an earlier derailment elsewhere on the line.
Reports of people and pets unable to disembark, passengers calling 911 to say they were being held hostage, and a single delivery of pizza during the entire two-day delay have rocketed through the news.
Here's what we know so far about the incident, as well as information about train passenger rights.
What happened?
Amtrak's overnight Auto Train was on its way from Virginia to Florida. However, according to Kimberly Woods, Amtrak's senior public relations manager: "The Amtrak Auto Train had significant delays due to a CSX freight derailment in South Carolina. The train was detoured off its normal route in order to continue operating south, adding additional time to the trip."
Although news outlets have reported many passenger complaints that include a lack of communication and access to outdoor space, Amtrak maintains that "Customers were provided regular updates, along with meals, snack packs, and beverages. Additional food from local businesses along the route was also provided during the trip. The onboard staff worked with pet owners to provide bathroom breaks."
What rights do train passengers in the US have?
We hate to be the bearer of bad news, but as you may have already surmised, there are no passenger protections for rail travel in the U.S.
Much like Europe's EU261 flight compensation laws for air travel, most European countries offer immediate compensation for rail delays. For example, in Germany, delays of just 60 minutes start the monetary compensation process.
The U.S. Department of Transportation very recently instituted new policies for U.S. airlines to make it easier for passengers to receive refunds for delayed flights. However, the department has not yet taken similar actions for rail travel.
It is up to Amtrak to work to offer restitution to passengers involved in this week's train mishap. We reached out to the company for details on how it plans to compensate the passengers involved but have not heard back as of midday Wednesday.
Who regulates Amtrak?
There should be a simple answer for who regulates Amtrak, but it's a little cloudy.
In 2015, in a Supreme Court case involving Amtrak and freight trains, Justice Anthony Kennedy wrote in the majority opinion, "Amtrak was created by the government, is controlled by the government, and operates for the government’s benefit."
Additionally, the DOT oversees passenger rail service. However, according to the DOT, Amtrak is run as a for-profit company with the U.S. Secretary of Transportation (currently Pete Buttigieg) holding a seat on the 10-person board.
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There’s a lot to love about the Amex Gold. It’s a fan favorite thanks to its fantastic bonus-earning rates at restaurants worldwide and at U.S. supermarkets. If you’re hitting the skies soon, you’ll also earn bonus Membership Rewards points on travel. Paired with up to $120 in Uber Cash annually (for U.S. Uber rides or Uber Eats orders, card must be added to Uber app and you can redeem with any Amex card), up to $120 in annual dining statement credits to be used with eligible partners, an up to $84 Dunkin’ credit each year at U.S. Dunkin Donuts and an up to $100 Resy credit annually, there’s no reason that foodies shouldn’t add the Amex Gold to their wallet. These benefits alone are worth more than $400, which offsets the $325 annual fee on the Amex Gold card. Enrollment is required for select benefits. (Partner offer)Pros
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- 3 points per dollar spent on flights booked directly with the airline or with amextravel.com
- Packed with credits foodies will enjoy
- Solid welcome bonus
Cons
- Not as useful for those living outside the U.S.
- Some may have trouble using Uber and other dining credits
- You may be eligible for as high as 100,000 Membership Rewards® Points after you spend $6,000 in eligible purchases on your new Card in your first 6 months of Card Membership. Welcome offers vary and you may not be eligible for an offer. Apply to know if you’re approved and find out your exact welcome offer amount – all with no credit score impact. If you’re approved and choose to accept the Card, your score may be impacted.
- Earn 4X Membership Rewards® points per dollar spent on purchases at restaurants worldwide, on up to $50,000 in purchases per calendar year, then 1X points for the rest of the year.
- Earn 4X Membership Rewards® points per dollar spent at US supermarkets, on up to $25,000 in purchases per calendar year, then 1X points for the rest of the year.
- Earn 3X Membership Rewards® points per dollar spent on flights booked directly with airlines or on AmexTravel.com.
- Earn 2X Membership Rewards® points per dollar spent on prepaid hotels and other eligible purchases booked on AmexTravel.com.
- Earn 1X Membership Rewards® point per dollar spent on all other eligible purchases.
- $120 Uber Cash on Gold: Add your Gold Card to your Uber account and get $10 in Uber Cash each month to use on orders and rides in the U.S. when you select an American Express Card for your transaction. That’s up to $120 Uber Cash annually. Plus, after using your Uber Cash, use your Card to earn 4X Membership Rewards® points for Uber Eats purchases made with restaurants or U.S. supermarkets. Point caps and terms apply.
- $84 Dunkin' Credit: With the $84 Dunkin' Credit, you can earn up to $7 in monthly statement credits after you enroll and pay with the American Express® Gold Card at U.S. Dunkin' locations. Enrollment is required to receive this benefit.
- $100 Resy Credit: Get up to $100 in statement credits each calendar year after you pay with the American Express® Gold Card to dine at U.S. Resy restaurants or make other eligible Resy purchases. That's up to $50 in statement credits semi-annually. Enrollment required.
- $120 Dining Credit: Satisfy your cravings, sweet or savory, with the $120 Dining Credit. Earn up to $10 in statement credits monthly when you pay with the American Express® Gold Card at Grubhub, The Cheesecake Factory, Goldbelly, Wine.com, and Five Guys. Enrollment required.
- Explore over 1,000 upscale hotels worldwide with The Hotel Collection and receive a $100 credit towards eligible charges* with every booking of two nights or more through AmexTravel.com. *Eligible charges vary by property.
- No Foreign Transaction Fees.
- Annual Fee is $325.
- Terms Apply.