TRAINING
Railroad trespassers and
officer safety
Next time you’re on patrol, take a few min-
utes to observe the railroad right of way in your
community. According to statistics gathered by
Operation Lifesaver (www.oli.org), one person
or vehicle is struck by a train nationwide every
three hours. In 2016, New Jersey ranked sixth in
the nation with 39 casualties including 25 tres-
THOMAS J. pass deaths.
We’ll get into the statistics later in this arti-
JEDIC
cle, but here’s what every officer needs to know.
Most important are the following three issues: 1. Safety 2.
Safety and 3. Safety. Whenever you work on or near any rail-
road tracks, please do not put yourself in harm’s way. Know
who to contact in regard to halting all train traffic when any
police or emergency personnel are dispatched on or close to
active rail lines. This is a must and do not release train traf-
fic until all personnel are accounted for. This is especially
important during evening hours and compromised visibility
due to weather.
OK, now we have addressed the initial safety issues; what’s
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82
NEW JERSEY COPS
■ MAY 2018
next? Trespassers are a real concern for the railroads for a
number of reasons, and you as an officer can act on railroad
property to enforce state statutes. A large portion of most rail-
roads do post “No Trespassing” signs, especially along bridg-
es, trestles and crossings. If your jurisdiction has tracks and
you don’t see any signs, call the railroad and request for some
to be posted. Some signs are vandalized while others may be
stolen outright; check and re-check and request new ones
as needed. Trespassers come in all forms; we have younger
people who trespass as a short cut, people riding ATVs or
dirt bikes along the right of way, burglars using the railroad
paths as routes of travel so they may go undetected by police,
people in emotional distress with suicide on their mind and,
today, we must include the possibility of someone with ter-
rorism on their agenda.
My point is, once you detect any trespasser or trespassers,
don’t forget to use your investigative skillset. Just like looking
beyond the initial motor vehicle stop, do not let your guard
down. Remember one simple rule: No one belongs on or along
the railroad unless they work for the railroad. Check out the
subject thoroughly and remember your probable cause nor-
mally will be established because they are on private property
while on the tracks. During your investigation, there are sev-
eral statutes that may help you out: NJSA 2C:18-3b, defiant
trespass; 2C:33-14, interference with transportation may also
apply if train service has been affected by the investigation,
if someone tampers with equipment or property; 2C:17-3a,
criminal mischief may also fit. Again, your actions as a law
enforcement officer do not change, only the playing field is
a bit more dangerous and requires you protect yourself and
your colleagues by acting safely and notifying railroad dis-
patch whenever you work on the tracks. Be smart, realize
some people are bent on harming themselves and intention-
ally chose the area to do so. As with any such case, make sure
you are equipped and have ample backup so you are not in-
jured or placed in jeopardy of being fatally injured.
For additional resources, please visit www.uctoa.com. This
is the Union County Traffic Officers Association website, and
I greatly appreciate its decision to host the online version of
our New Jersey Railroad Law Enforcement Guide. The hard
copy version is headed to printers as we speak, and will be
available for any New Jersey law enforcement agency. For any
assistance or railroad training requests, feel free to contact
me. Stay safe! d
Special Agent Thomas J. Jedic is a firearms instructor in Area 4
for the Norfolk Southern Railroad Police. He can be reached at
[email protected] or 908-820-2623.