"Crime Doesn't Pay"

[BWangPhoto]

I knew I had this article in a TPPA magazine somewhere. It just took some time to locate. If you do not know who Don Dickerson is, he is a huge force in the TPPA and a very successful photographer of 30+ years in Texas.

The subject of shooting on railroad tracks was brought up in another thread and I didn't want it to seem like I was bashing people who shoot there, I was just passing on information I know is 100% useful and based on the school of hard knocks, not hearsay.

Just because you don't get caught on the spot, doesn't mean you won't get a fine either. They have photographic proof! Your photographic proof!

This happened only 3 years ago, so it is very recent. We do not offer this to clients because of this very reason:

(Taken from the Feb/Mar 2007 Texas Professional Photographer Magazine Page 6)

[kamekaze]

The railroad commission does not screw around.

[porschelvr]

Yikes!!!!

[Murph]

True and any offense committed on RR property is ONE LEVEL HIGHER than everywhere else. So a Class B misdemenor becomes a Class A, a 3rd degree felony becomes a 2nd degree felony, etc. And they ALWAYS prosecute.

Originally Posted by kamekaze

The railroad commission does not screw around.

[kamekaze]

Originally Posted by Murph

True and any offense committed on RR property is ONE LEVEL HIGHER than everywhere else. So a Class B misdemenor becomes a Class A, a 3rd degree felony becomes a 2nd degree felony, etc. And they ALWAYS prosecute.

They don't always prosecute, A few friends of mine used to tag trains and got free hospital trips on a few occasions...

[MHampton]

I'm just curious. Are these places posted "No Trespassing" or is that not required and everyone is just supposed to know this law somehow?

[Angelo]

I'd be interested to see what would happen if they caught someone with a P&S taking pictures. Would they come down as hard as they did to
Don Dickson, or would they just give them a warning and shoo them away.
I've never seen signs at RR informing people that no photos are allowed.

[Truckman]

Is this restriction on the tracks only or anywhere on RR property?...Ben

[kenw]

Originally Posted by Angelo

I'd be interested to see what would happen if they caught someone with a P&S taking pictures. Would they come down as hard as they did to
Don Dickson, or would they just give them a warning and shoo them away.
I've never seen signs at RR informing people that no photos are allowed.

it's not that no photos are allowed, it's the trespassing that is the issue: RR tracks and the area around them are private property.

Trust me, I've had this conversation with lots of folks, uniformed and/or uninformed....even RR employees are often clueless on the issue.

[Angelo]

Thanks Ken,
it's unfortunate but that makes sense...

[CaptainTom]

I am not a lawyer.
I would think that this flies in the face of 'due process'.
If someone called the Highway Patrol and said "captain tom was speeding on I-30" and the next day someone came and gave me a speeding ticket, there's no court that would uphold this. You have rights. The officer did not observe you trespassing. You have a right to confront your accuser.
It sounds like strong arm tactics and approaches abuse of power to threaten to arrest you.

[jgrindal]

Originally Posted by captaintom

i Am Not A Lawyer.
I Would Think That This Flies In The Face Of 'due Process'.
If Someone Called The Highway Patrol And Said "captain Tom Was Speeding On I-30" And The Next Day Someone Came And Gave Me A Speeding Ticket, There's No Court That Would Uphold This. You Have Rights. The Officer Did Not Observe You Trespassing. You Have A Right To Confront Your Accuser.
It Sounds Like Strong Arm Tactics And Approaches Abuse Of Power To Threaten To Arrest You.

Qft

[Kalrog]

And in order for trespassing to stick, you have to have been given notice and violated it - either by being asked to leave and not or by walking past "no trespassing" signs. It doesn't sound like notice was ever given in this case.

But it still might not be worth doing.

[kenw]

Originally Posted by CaptainTom

....
It sounds like strong arm tactics and approaches abuse of power to threaten to arrest you.

it happens.....I've had routine RR employees try to intimidate me on very public property, so I imagine that an over zealous RR agent could pull the same trick. Most of the RR agents I've dealt with are extremely courteous and more than familiar with the technical legal nuances. This case is very unique and appears to be an isolated incident. I am curious as to the "it does not make sense" part in the closing paragraph....trespassing is trespassing. And especially when it is a dangerous environment, the responsibility falls to the property owner to enforce.

But you have to admit, the word is getting out in the photography world.

[deep_creek]

RR property has/receives special provisions granted to them by the U.S. gov. dating back to when they were first created/started. (Most if not all of their land was given to them by the gov. with perks to encourage them to build the rails.) If I understand correctly RR property does not have to follow State/Federal guidelines/laws. This is why the RR has their own police force, etc... So, "due process" only applies as the RR sees fit. disclaimer: this is how it was explained to me by several long-time UP employees of moderate status.