The All Aboard Act would require the federal government to make Amtrak financially accountable for certain unfulfilled rail trips. If Amtrak cancels a trip or delays it so that the trip finishes more than 3 hours after the time the traveler expected at purchase, the passenger would be entitled to a refund equal to what they paid, with the refund funded by Amtrak. The bill also creates a process to determine when Amtrak is at fault, and it lays out how refunds must be issued and how disputes are handled. In addition, the act pushes Amtrak to replace its “run-to-fail” maintenance approach with a new asset maintenance strategy within a tight timeline, banning run-to-fail maintenance within two years and requiring Amtrak to report options and costs within six months. In short, the bill ties Amtrak funding to compliance with passenger refund obligations and mandates a major overhaul of Amtrak’s maintenance strategy to move away from a reactive, “run-to-fail” model.
Key Points
- 1Right to refunds for omitted or significantly delayed trips: If Amtrak’s failure causes a cancellation or delay with final arrival more than 3 hours later than expected at purchase, a passenger is eligible for a refund equal to the amount paid for the covered transportation.
- 2Regulatory framework and dispute process: The Secretary of Transportation must issue regulations within 180 days that specify how causation is determined, how Amtrak can dispute that a cancellation/delay was Amtrak’s fault, and the procedures to resolve those disputes.
- 3Refund timing and method: Refunds must be issued by the ticketing provider. If payment was by credit, voucher, or rewards points, the refund must be issued within 7 days (assuming Amtrak doesn’t dispute fault). If paid by cash, refunds should be issued as soon as feasible. If Amtrak disputes fault, refunds are issued after a final determination is made, in a prompt and feasible timeframe.
- 4Reimbursement to other rail carriers: Amtrak must reimburse other rail carriers for refunds issued on their behalf when applicable.
- 5Federal funds condition: Amtrak cannot receive Federal funds for periods when the agency is found noncompliant with these provisions.
- 6Scope of “covered rail passenger transportation”: Includes Amtrak-provided passenger rail and commuter rail that travels over rails owned by Amtrak, regardless of which carrier provides the service.
- 7Maintenance reform (replace run-to-fail): Amtrak must report within 6 months on alternative asset maintenance strategies and costs, ban run-to-fail maintenance within two years, and implement a new strategy within two years. Run-to-fail is defined as retiring assets only when they can no longer perform or exceed their manufacturer-estimated lifespan.