Governor has signed a bill making tresspassing on any rr property a crime 3mos and / or 500 dollar fine. Also riding any vehicle or animal on rr property 100-250 fine first offense and 250 - 500 dollar fine next offense. watch out guys…
So how is this different than the standard trespassing law the state has? I know certain states have RR specific trespassing laws but are they any stricter than the standard? Not to mention that as long as you’re smart about it and don’t push your luck it’s really unlikely a cop will actually ticket you for trespassing, they’ll just tell you to get out. This new law probably won’t change that fact.
It would appear that prior to this law, it wasn’t illegal to trespass on RR property on foot…
From another forum: "Prior to the new law, railroad trespassing laws were extremely limited. Only snowmobilers and horseback riders faced fines for trespassing on railroad property ($100 fine and $10 fine, respectively). Trespassing on railroad property on foot was only prohibited on Long Island, New York City, and Monroe County. "
It’s interesting, however, that setting foot on RR property can bring you a hefty fine and time and jail.
If you choose to ride your snowmobile on the ROW, however, there’s just a paltry fine.
I wonder what prompted this…was it an isolated incident that lead to a death or maybe just too many people using the ROW as a footpath?
This thread contains a rather distorted view of how the law works, in New York and elsewhere. New York has always had prohibitions against trespassing in the Penal Law. These provisions relate to trespassing on any property, not only railroad property. The new additions recently signed by Gov. Cuomo are specific enhancements to the law to strengthen the crimes and penalties for offenses specific to railroad property. The existing laws remain enforceable as well.
8 n’ Sand
Addressing this question to Larry [Tree68]
Referencing thisTHREAD: “Rare Mileage”
http://cs.trains.com/TRCCS/forums/t/194439.aspx
(snip)“…Creeping through Beaver River. Despite the presence of vehicles here, there is no road access, only the tracks (some residents do have hi-rails, and are authorized to use them) and over the Stillwater Reservoir…”
Larry, YOU NOTE: that the local residents do have some Hi-Rail Vehicles and are authorized to use them on the OOS section of the railroad. You have to wonder if they will qualify for a special relief from the new law, or if the State (NY) will have to authorize a special license for use(?) Things have a potential to get interesting up there? Just curious.[:-^]
The track in question is out-of-service under the control of the ASRR maintenance foreman. This puts potential hi-railers into one of two general categories - those with permission to use the OOS tracks, and those without.
Those who get permission have attended NORAC “book of rules” classes, so they are little different than those of us operating trains.
When we did the ‘rare mileage’ ferry trip, we had permission through the OOS.
Catching a violator would be a challenge, not so much because of the remoteness of the area, but due to the lack of regular rail traffic or any semblance of law enforcement beyond the forest rangers.
Summary of newly enacted Railroad Trespassing and related provisions.
The bill includes several changes to the state’s current statutes applicable to railroad trespassing:
Section 1: Personal Trespass on Railroad Property: Section 140.10 of the Penal Law is amended to prohibit trespassing by individuals on foot on all railroad property statewide. Previously, this section only applied to railroad property located in New York City, Long Island and Monroe County. The penalty for violation this section is a Class B Misdemeanor, punishable by a maximum three months jail and a $500 fine.
Section 2: Trespassing on Railroad Property While Riding a Motor Vehicle, Recreational Vehicle or Horse or Other Animal: Section 83-A of the Railroad Law is amended to prohibit individuals from trespassing on railroad property while riding on any motor vehicle (inc. motorcycles), recreational vehicle (inc. all-terrain vehicles) and any horse or other animal. Previously, this law only applied to persons riding on snowmobiles (a separate section prohibits the riding of animals on railroad property, but only imposed a $10 fine plus damages). The penalty for violating this section is increased from a $100 fine per offense to a $100-$250 fine for a first offense and a $250-$500 fine for each subsequent offense.
Previous versions of the bill included language to prohibit defacing and tampering with RR property, including tampering offenses that result in a disruption of service. After negotiations, it was determined that these offenses are already covered under Article 145 of the Penal Law as follows:
- Defacing Railroad Property: Section 145.00 of the Penal Law (Criminal Mischief in the Fourth Degree) prohibits any intentional damage done to RR property. This offense is a Class A Misdemeanor (Max. 1 year jail, $1,000 fine).
Thats good to see the defacing of railroad property clause in there. The biggest problem with trespassing is the vast amount of graffiti found on the nation’s rails. In my opinion thats the number one reason to toughen these laws.
I live in Upstate NY and wasn’t aware of the new law. Sneaky.
The ISSUE as I see it will be WHERE is the Railroad “property line” trackside through various communities?
Obviously, if it is fenced off or you are in a position where you can spray paint a RR car, you are in violation. The local yard near us has a tresspass marker sign at the edge of the entrance to the yard to signify WHERE there property is, but one is STILL already inside the yard limits and 3 feet from the track.
This is to allow for charging a person on the tracks who gets hit, and, I am sure, to cover railfanning issues as well.
Since SOME railroad tracks up here litterally run through people’s backyards or at edge of THEIR property, does that mean they can get a ticket and go to jail for mowing or weedwacking near the tracks?
They are now {at least here in NY} also charging trucks and car drivers for vehicles that get run into by trains because they were on the tracks {regardles of reason…low clearance to tracks, stalled vehicle, trying to run a gate or crossing signal or whatever!!!}
Oh no! Now how will the snowmobilers get to the Stillwater reservoir to race them?
In the dead of winter the only way in is the RR ROW & the rescue helicopters that sometimes take the losers out.