 |
Re: Cyclists lose in fight over streetcar tracks
Author: Shortline Sammie
Date: 04-15-2012 - 20:12
Outsider Wrote:
-------------------------------------------------------
> Shortline Sammie Wrote:
> --------------------------------------------------
> -----
>
>
> > I have simply gotten out of my vehicle portable
> > radio in hand, put on my railroad police jacket
> > and ordered them to "move on". Once I have
> their
> > attention (I'm 5-11, 230 pounds) I go into my
> > tirade about how if it wasn't for the railroad
> > they wouldn't even have their f'n trail.
> >
>
> I have a couple of questions.
>
> 1. Is the trail in question on railroad property?
> I believe I have read about cases where railroads
> have been forced to accept walking/bike trails
> within the ROW and along the tracks.
>
> 2. When you put on your "railroad police" jacket,
> do you have police authority, ie. arrest?
1. The trail is no longer on railroad property as it was sold to METRO and is in the location of our former "south main"; however, OPR retained access rights for "railroad purposes" which includes derailment cleanup access and inspection by vehicles as the area is prone to slides. Therefore, authority extends to the trail area; however, Railroad Police authority is valid in any state a railroad operates.
2. At the time I had a Police Commission as a Railroad Police Officer granted by Oregon Governor Kitzhaber under the appropriate FRA Regulation. Due to liability insurance exclusions, I no longer exercise the authority granted unless absolutely necessary and usually just call the local cops. Saves LOTS of paperwork and court appearances which, as a police officer we don't get paid for in case it goes to trial...when subpoenaed for trial I get PAID as a witness!
Dick Samuels
-------------------------------------------------------
> Shortline Sammie Wrote:
> --------------------------------------------------
> -----
>
>
> > I have simply gotten out of my vehicle portable
> > radio in hand, put on my railroad police jacket
> > and ordered them to "move on". Once I have
> their
> > attention (I'm 5-11, 230 pounds) I go into my
> > tirade about how if it wasn't for the railroad
> > they wouldn't even have their f'n trail.
> >
>
> I have a couple of questions.
>
> 1. Is the trail in question on railroad property?
> I believe I have read about cases where railroads
> have been forced to accept walking/bike trails
> within the ROW and along the tracks.
>
> 2. When you put on your "railroad police" jacket,
> do you have police authority, ie. arrest?
1. The trail is no longer on railroad property as it was sold to METRO and is in the location of our former "south main"; however, OPR retained access rights for "railroad purposes" which includes derailment cleanup access and inspection by vehicles as the area is prone to slides. Therefore, authority extends to the trail area; however, Railroad Police authority is valid in any state a railroad operates.
2. At the time I had a Police Commission as a Railroad Police Officer granted by Oregon Governor Kitzhaber under the appropriate FRA Regulation. Due to liability insurance exclusions, I no longer exercise the authority granted unless absolutely necessary and usually just call the local cops. Saves LOTS of paperwork and court appearances which, as a police officer we don't get paid for in case it goes to trial...when subpoenaed for trial I get PAID as a witness!
Dick Samuels
