I saw this thread a while back, but since then Ive had my first run in with the BNSF cops. One of the famous Explorers of course!
Anyway, while at Northtown yard in MPLS Minneasota, I saw some cars moving towards Saint Paul. I went to the other end of the yard to see the power, and it had a CN SD75I and a pair of BNSF B40-8Ws. I chased it to a crossing I had no idea about, got out of the car, and then procedeed to run to the sunny side across the road.
Well, right as I got to the mainline (there used to by 5 tracks here) the gates started dinging. So I guess, for a moment, I was crossing the gates (but they werent in front of me, they were four tracks to the rear of me) and tresspassing. The train was moving at maybe 20 MPH, probably less, and he was about 10 or 15 car lengths away. I stood a little onto BNSF property to get the gate out of the way, and I got the shot, the crew waved, and I went back to the road and waited for the train to clear. After the train cleared, I walked back to the car, only to look up and see the Cop looking right at me and ding the finger " come here " type deal. So I went over and he explained I was tresspassing when I ran to the sunny side of the tracks. The problem I have with this, is that its not tresspassing if there isnt a train coming, and you are just crossing. Well, the gates started dinging after I was already in the movement over the tracks. To me, its like running a yellow light. But anyway, I was in the wrong, and he was saying the safety bit, and he knew I was a railfan ofcourse. He said he knows Im pretty familiar with the railroad scene and said that when your crossing the tracks, its tresspassing. I was fine with this, but then he said he wanted my information on file. I proceeded to give him my name,DOB,how old I was, where I lived,where I went to school, and what my phone number was. He also wanted to know my moms name, if I had any ID, and my Social Security number! I didnt have any id, and didnt know my SS number (im 15) and
I have only had one run in with the BNSF police and he was very nice! Me and my friend went to best train watching spot in Memphis Kentucky St. its a major junction because it has BNSF, NS, CSX, and UP crossing CN. Anyway We pulled up and i guess we were to far to the left because a white suburbon pulled and a BNSF cop pulled up and said we were on BNSF property and he was really nice about it so my friend moved his car while i talked trains with the cop. This street used to have a railroad crossing but was takin down about 3 years ago and he said he see’s railfans all the time and the few bums who want to be idiots on the tracks. So he said the usuall be careful and he left. Thats not all about 4 hours later another white truck pulled up and it was a conductor and we didnt know it at the time because there was a coal train going by there was a suspicous guy on the other side of the train! When the train passed the conductor called the same guy we saw eariler and the cop started to ask him questions. The conductor said this guy was always sneaking around eqquipment i was supprised and what do ya know two more trains cross the diomond heading toward us and the conductor asked what we were doing there and the cop says there just railfans and we started talking again it was a great time! Then we got ready to leave after getting 40 train photos in the 4 hour period. The conductor and cop told us to come back anytime we need railfans to help us catch suspicious people by the tracks and if there’s an accident you can tell us what happened. So my meet up with the BNSF police was pretty good even with the spot being just as busy as a yard which we did see yard jobs.
Well I have never run in with the BNSF police. But I have run in with the CN police.
I was out railfanning at Stevens point. Now I was trusting my luck here. I was getting farly close to the tracks because I needed to see down the yard. But when a train came by I always got pretty far away from the tracks.
But it was later in the day and I was waiting for WC SD40-2 6006 to come. But it was going so dang slow. For a second I thought it was going away. So I just had to get as close to the tracks as possable. But around that time I saw a Brakeman get into the WC(Still painted in WC colors)exploror down by the shops. Now I walked away back onto Public Property. But he didn’t come and I didn’t see him again, so I walked back up to the tracks to see 6006. Now I saw him come around the corner and I walked back to puplic property to make it look like I wasn’t tresspassing. But he saw me. Shucks! So he got out of his car and walked towards me. So naturally I walked towards him. He told me to stay off CN property. But he was really nice. And the thing he said that suprised mewas this: He said Where not very frendly now so could you please move off the property. I asked him, is it diffrent workin for CN. And he said yeah, alot diffrent. Then He went and made sure the turnout was pointing the main. I think he did that to make sure I wasn’t tampering with it. Any way While we where talking 6006 snuck up on me. But it stoped.About 10 munites 6006 came and I got the pic.
I didnt read all three pgs of this dicussion but did anyone mention showing their official BNSF Photographers Railfan ID ? As long as you take pics from a public ROW they should not bother you. I havent heard anything about them changing the rules that were put in place at the time they were issued…No Military shipments can be photo’d NO EXCEPTIONS ! IF you tresspass you can be arrested (they’re dicretion) or issued a citation. I have my BNSF ID and show it if Im ever stopped. Since I have had it I have not been stopped or harrased…If you dont have a railfan ID from BNSF I suggest you ask about it the next time you are stopped. They may still have something about how to get them on their website…BE SAFE and OBEY THE LAW ! Danny
[quote user=“BNSFreak”]
I just recently went to get some pictures by corwith yard in chicago. I got some suggestions from some other fellows on here to see where I could go around the yard without getting tooclose to the tracks. I ended up at a viaduct on the North lead into the yard. Now everytime I go train watching i ALWAYS stay atleast 10 or 15 feet away from the closest rail. I was taking some shots of a loaded intermodal train, when right after the last car past, A BNSF Police ford explorer pulled up. We said, Top of the morning to ya, Just trying to be nice and civil with him, He responded real quick, " Shut off the camera and the cam corder right now!" We said ok, no problem. He took down all our Names, Our phone # and address. Then told us, and I qoute, Get offBNSF property now. No one is allowed on any railroad property exept for authorized personnel, We said, (Being real civil) We arent on the tracks, Were not even 15 feet close
Myself,5 year old son,and a friend of mine were on a public bridge(on the sidewalk) over Argentine Yard in Kansas City last week and were stopped by a BNSF cop who after checking ids mentioned that he would appreciate it if we would move along. A few days later we were stopped by a UP policeman at Airline Jct. who took our info and told us to be careful and off he went. I wish I would have mentioned to the BNSF cop about having the BNSF railfan card to see what his reaction might be,but forgot I even had it. I think next time I’m in KC I’ll go check out Argentine again!
I think the government should make it so if that you go to your local City Hall, they can give you a licence wich would allow you to photgraph and record trains, as long as your not on railroad property, and if the rr cops tell you to shut off the cameras, show them the licence, and if they refuse, just BEAT EM’ UP!! [(-D]
CSX cops are alot nicer than BNSF cops, they like railfans.
Around here it is quite different. CSX police are the people you don’t want to run into. Around Chicago they think they own everything and always tell people to leave, even if they are on public property. I have never had a problem with BNSF but one time at Blue Island, a CSX officer told me that watching (not just photographing!) CSX trains from anywhere, public property or not, was not allowed and then asked us to leave from a sidewalk. I have been back there since and haven’t been bothered again. They are known for throwing people off public property all the time around here.
You already have this. You are allowed by law to do exactly what you describe, and anyone who attempts to stop you from doing so is violating the law.
The cops who try to make up laws on the spot rely on people’s ignorance of their rights to push them around.
One cop told a railfan that there was a new law that superceded the US Constitution prohibiting railfanning. He didn’t get away with it (ultimately), but if someone told me that, I’d laugh in his face.
That incident took place at Morton Grove, IL when Metra police told two photographers that it was against the law to take photos, and that there were lawa that superceded the constitution. There have also been numerous incidents of people being thrown out of Pine Junction in Gary, Indiana, which is one of the premier places to see trains in the Chicago area. CSX has been throwing people off the EJ&E side at Pine Junction, which is a good 50-100 yards from the CSX tracks depending on where you park. I have never heard of anyone getting thrown out by EJ&E, most of their employees are very friendly and encourage photography from there. CSX, however, says they have authority over EJ&E and NS and can throw you out if they see you taking photos of EJ&E or NS trains, even from public property. CN has also told people to leave from public property, One time at Homewood, I was standing on a public sidewalk across the street from Homewood Yard, a CN officer walked over to us and told us it was illegal to take photos of trains from ANY property, even if it is public property. The funny thing is they just finished the railroad park in Homewood. Whats next? Is CN going to tell people they can’t take photos from the railroad park? If you come to Chicago I suggest staying away from CSX if you don’t want to be hassled.
I told him that I never heard of any law that says that. He just said don’t you be taking photos. He didn’t say anything else about it being illegal to take photos, and I haven’t had any problems with CN since.
And your proof this tresspassing actually occured is what? Just because the BNSF RR police said so doesn’t prove their statement has any relationship with reality.
Here’s a tip if your ever harassed by government police. Get their badge number and name if you can. Most times the name is on a nameplate on the uniform. Then go and make a complaint with your local police review board. By law they have to take it and investigate it.
The reason for doing this is that even if they find in the cops favor the complaint goes in their jacket and follows them forever. Too many complaints can keep them from getting advancement. Obviously, don’t tell them that you’re going to do this. All that will cause them to do is take more copious notes of the incident.
The problem is there are three situations and so far I have seen all three represented here and some people are getting confused especially on the bottom two and how the RR police act towards you is usually reflected by how you act in those situations. I have seen people do number three because they feel it is thier right to do so. Then they act rude with the police and help ruin it for the rest of us. If you do #3 expect a problem
1- Not Tresspassing on RR property (ie on a municipal sidewalk, bridge road etc).
2- ‘Innocently Tresspassing’ - Not knowing you were on private property (ie property not marked with No Trespassing signs) but not on the ROW
3 - Blatently tresspassing - intentionally going past the no tresspassing sign, going through/over a fence, standing on the ROW even just to look down the tracks etc
