A mandate that is off the rails
Texting while
driving is dangerous, especially if you are driving a train. A commuter train engineer
was texting on Sept. 12, 2008, near Los Angeles, when he
missed a stop signal and crashed into a freight train. Twenty-five people died.
Congress
supposedly is incapable of acting quickly, and we are supposed to regret this.
In 2008, however, Congress acted with dispatch. We should regret that it did.
Herewith another lesson about the costs of the regulatory state, especially
when it is excited, eager to make a gesture and propelled by an uninformed
consensus.
On Jan. 6,
2005, nine people had been killed in Graniteville, S.C., by chlorine gas
leaking from a derailed freight train, but Congress did not spring into action.
In 2008, however, California’s 53-person congressional delegation was
12 percent of the House and 24 percent of a House majority. So in
less than a month after the commuter train collision, Congress, with scant
opposition from railroads, and without meaningful cost-benefit analyses, passed
legislation requiring most railroads to implement, by 2015, positive train control
(PTC), a technology to stop trains by overriding some human
mistakes.
So far, railroads
have spent more than $2.7 billion on a system estimated to cost
$10 billion to $14 billion — plus perhaps $1 billion in annual
maintenance. PTC has not been installed, partly because it is not sufficiently
developed. CSX Corp., which includes railroads among its assets, says the
railroad industry is the nation’s most capital-intensive — and the
$11 billion combined capital investments of all U.S. railroads in 2010
were approximately equal to the cost of PTC. The 2015 mandate will not be met.
The Federal
Railroad Administration estimates that were PTC to be installed on thousands of
locomotives and tens of thousands of miles of track, it would prevent perhaps
2 percent of the approximately 2,000 collisions and derailments,
preventing seven deaths and 22 injuries annually. But because a dollar spent on
X cannot be spent on Y, the PTC mandate must mean the sacrifice of other
investments crucial to railroad safety (and efficiency).