Re: track bikes and liability

I can't speak to liability, but the FRA will look at these rail bike operations on a case by case basis. FRA exercises it's jurisdiction and various regulatory requirements differently depending on the railroad. Class 1, Commuters and ATK are different than shared use with fixed guideway (transit) or Scenic, Tourist & Excursion operations that do not operate on the general system of transportation. The WMS railbike situation, which I had initial involvement with while still working for FRA, was a little unusual for reasons I will not go into on this forum. In any case, the FRA will usually look at the operation as a whole, the agreements between the railroad and the rail bike organization and how the railroads rules apply regarding authority and protection for on-track vehicles, Usually, special instructions, operating procedures and protection from other trains and and at highway-rail grade crossings are addressed and developed between the railroad and railbike organization. If possible, the FRA will attempt to facilitate these discussions and clarify FRA involvement if necessary.

Mike Ramsey
Safety and Compliance Manager
American Heritage Railways

FRA, Senior Passenger Rail Safety Specialist (Retired)