Legality of photographing railroads from railroad property: There has been some discussion about the legality of photographing railroad tracks and trains from railroad property. This...

Country's Mama Loc: Michigan

There has been some discussion about the legality of photographing railroad tracks and trains from railroad property.
This may be of particular interest to those taking senior pictures on the tracks. The following is a state by state list of the the laws in each state.

http://www.fra.dot.gov/downloads/safety/cross_chp9.pdf

JimH Loc: Western South Jersey, USA

Interesting set of reg's... I bet a lot of them came in to being during the 30's as "anti-Hobo" type laws. Now, they're probably used as much to keep nincompoops off R/R crossings just as the 9:15 to Petticoat Junction comes roaring by...

Country's Mama Loc: Michigan

JimH wrote:

Interesting set of reg's... I bet a lot of them came in to being during the 30's as "anti-Hobo" type laws. Now, they're probably used as much to keep nincompoops off R/R crossings just as the 9:15 to Petticoat Junction comes roaring by...

Could be. It is only just recently that I became aware that it is illegal. Guess I never thought about it before.

sinatraman Loc: Vero Beach Florida, Earth,alpha quaudrant

I bet they do it now because some yahoos family won millions in a law suit, "its not posted no tresspassing". Lawyers, the bubonic plauge of society.

Country's Mama Loc: Michigan

sinatraman wrote:

I bet they do it now because some yahoos family won millions in a law suit, "its not posted no tresspassing". Lawyers, the bubonic plauge of society.

Can't say too much about lawyers since I have some in the family :) And a couple close friends that are. I won't argue with you though about your feelings about them. :)

dragonfist Loc: Stafford, N.Y.

With a lot of the laws mentioning horses I'll bet most of them haven't been amended since automobiles became common transport.

Patw28 Loc: PORT JERVIS, NY

sinatraman wrote:

Lawyers, the bubonic plauge of society.

"Lawyers! If we didn't have them, we wouldn't need them!" -- Dickens

(No slight intended. My brother's a recovering lawyer.)

C. David Loc: Wisconsin

I've never had a problem walking along RR tracks. Yes I see the posted warnings of no trespassing, but the local police officers up here don't care about a camera nut just wandering around. Besides...if you can hear a train coming/blowing its horn ya oughta get out of the way. I've seen alot of wildlife on my wanderings down tracks, and sometimes it helps to get off the beaten path. :thumbup: If I'm breaking a law, I'll pay the fine or plead my case. 8-)

jolly1

Country's Mama wrote:

There has been some discussion about the legality of photographing railroad tracks and trains from railroad property.
This may be of particular interest to those taking senior pictures on the tracks. The following is a state by state list of the the laws in each state.

http://www.fra.dot.gov/downloads/safety/cross_chp9.pdf

Many of those laws were meant to keep buffalo and Indians off of the tracks in Western states. They didn't work then so they shot all the buffalo and put all the indians on reservations far away from the tracks, and don't really enforce them today. There are probably still thousands of us old folks who well remember walking the tracks as shortcuts to school. Neither we, nor any photographers I've ever heard of, were ever arrested for doing what comes naturally.

dragonfist Loc: Stafford, N.Y.

C. David wrote:

I've never had a problem walking along RR tracks. Yes I see the posted warnings of no trespassing, but the local police officers up here don't care about a camera nut just wandering around. Besides...if you can hear a train coming/blowing its horn ya oughta get out of the way. I've seen alot of wildlife on my wanderings down tracks, and sometimes it helps to get off the beaten path.

Yes and in my younger day we used to hunt along the RR right of way. It was usually well grown over and made a great place to hunt pheasants. No one ever bothered us or requested that we leave. Of course that was before our society became so sue happy.

C. David Loc: Wisconsin

YES!!! We used to do the same. Nowadays many of the old RR tracks are being turned into walking trails or bike paths. (up here.) I guess those days are going to the past. But I still walk down active RR tracks, and it's good to know I'm not the only one who would pheasant hunt from them! Good memories.

C. David Loc: Wisconsin

Good point Jolly1. If we can't just enjoy taking pix wherever our paths take us, why bother? We're picture takers. Taking images so someone else can smile. I don't know of anyone who has been stopped for RR trespassing. Although a month or so ago in Wausau, WI there was a woman that was killed while on the tracks. From what I've read in the paper she never knew what was coming. It was at night, and I'm sure she left her camera at home. :thumbdown:

Indi Loc: L. I., NY, Palm Beach Cty when it's cold.

Wow! You must have been reading my mind. Last night I was Googling "freight trains on Long Island" because I'd love to get some pictures. I was also wondering about the legality of taking those pictures.
I know it is a federal law that you can't take pictures of bridges and I thought railroads might be mixed in with that law.
BTW, anyone know of freight tracks on L.I.?

chapjohn Loc: Tigard, Oregon

"Oregon has no trespass regulations or laws specifically targeted to railroad property or equipment."
Many times I have spoken about trespassing laws in Oregon to students in Hunter Edution; In Oregon boundaries of private property do not have marked or signs posted for a person to charged with any degree of trespassing. Good thinking would conclude that RR tracks are owned by someone, so just as for hunting on private property you need permission from the owner, the same would apply to RR tracks. Get permission before taking pictures of RR tracks. Amature and professional photographers should all follow this principle as violating it makes anyone who takes pictures suspicous.

C. David Loc: Wisconsin

chapjohn wrote:

"Oregon has no trespass regulations or laws s... (show quote)

Who would be suspicious?? The photographer who's just out taking pix?? If it is private land, I believe the landowner who doesn't want pix taken on their land would be the one under suspicion. Personally I don't care what anyone does on their property, and I agree with getting permission first. I believe if a person is out taking pictures of nature how suspicious can you possibly be?? Unless the landowner is overly paranoid and/or doing something they know they shouldn't be doing. Up here, not too many RR right-of-ways go through private property. The ones that do are marked, and noted as defunct. As in hunting, the person who is in the woods wandering around should be, and is responsible for knowing where they are at, be it public or on private land.