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You vs the person they tell you not to worry about
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Which is illegal, but unenforced
If the government owns the lines, it's a different story, but most of the rail lines in the US are privately owned. So in most of the US commuter rail is using freight tracks on contract, with one of the stipulations being that the freight trains get priority.
Other way around. Amtrak does have priority on all tracks per the 1973 Amtrak Improvement Act. However, this isn't enforced, and the rail companies are kicking and screaming to keep it from being enforced.