flynnibus
Premium Member
Let's keep this really simple - the new legislation did not introduce any change of nomenclature or definition of systems. It simply changed WHICH were in scope by expanding beyond publicly owned or financed, to include privately owned ones in independent districts.That's a good example. Should the same oversight be applied to the railroad too? If not, what makes it different?
It's related though. The logical route here is that the new oversight legislation was done to create leverage over Disney, not for actual safety reasons. With that logic, the obvious question is, how many different things could the legislation apply to based on how it's written. Meaning, what makes it the monorail only and not Peter Pan or the railroad.
One path of that logic says the legislation is vague enough that it applies to all of them. The leverage could be applied by including Perter Pan in the oversight and forcing Disney to fight or comply with that.
The other path of logic says, they're clearly different and the legislation doesn't apply to both.
If we accept the first, anything that even looks like it might apply can be used as leverage. On the other hand, if we discard that as simply ridiculous and we're on the second path, the question changes slightly. It becomes, is the new oversight leverage being used in a detrimental way or just applying similar standards as before. If its the same as before, just a different label on the safety forms but the same actual real work, then it just gets ignored.
However, if the new oversight is being used for leverage and in an onerous way, how to mitigate that leverage becomes important. They could fight the law. They could fight that the law is being applied in an invalid way. They could just shutdown the monorail, eliminating any impacts from oversight but losing the capability. Or, they could change the monorail so that it no longer meets the definition of what is subject to oversight.
If we accept that the monorail and Peter Pan are different, or the monorail and the train. The last option to remove the leverage is to change the monorail so it's no longer subject to this oversight. Even if that replaces it with different oversight. I'm assuming all amusement park rides are subject to oversight too, just by something different. Clearly, the change would need to be enough to satisfy everyone, including the NTSB here. Unless the NTSB also oversees amusement park rides.
Is it just putting up tap points and requiring a Magic Kingdom ticket or Epcot ticket depending on which route you want to ride? Or, would it be more extensive? Do they have to more the platforms inside the park fences? For instance, is the track all on Disney property or is some of it district right of way? It's probably hard to have an amusement park ride on a public right of way.
This all assumes that the new oversight is creating problems, which may not be the case at all and it doesn't matter.
You're going through a bunch of hypotheticals that are completely unnecessary.
Fixed guideway systems is defined as
"(2) “Fixed-guideway transportation system” means a public transit system for the transporting of people by a conveyance, or a series of interconnected conveyances, which conveyance or series of conveyances is specifically designed for travel on a stationary rail or other guideway, whether located on, above, or under the ground."
The question is "public transit system" -- and this is something the NTSB has already set precedent to declare the monorail as one when they decided to claim jurisdiction after the 2009 accident.
Things like Peter Pan obviously are not 'public transit systems' no matter how much you draw comparisons to people getting on or off - Their purpose is to entertain, not move people as part of some intermodal transportation system.
Disney clearly uses the monorails, skyliner, and the likes as transportation systems... and because the railroad also serves to move people between stations as a form of traversing the park, that too could be an issue of labeling it 'transportation'. But railway systems already have their own definitions and coverage in the law as rail systems.