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[quote]QUOTE: Originally posted by gabe [quote]QUOTE: Originally posted by Limitedclear As the other railroaders have said, only limited information need be given to local authorities. Railroads are Federal jurisdiction and only company officials or FRA or State DOT Rail officials can demand more than the very basics. As MC points out, in extreme circumstances the cops involved might even be on the hook for false arrest or false imprisonment... LC [/quote] LC, I am not challenging you on this one, but this does come as a bit of a surprise to me. I know a State reg or action cannot interfere with federal regs or decisions; but, I didn't know Feds had exclusive jurisdiction over rail property (as a State prosecutor, I convicted IDIOTS who vandalized rail cars every other day—the judge always said I had a particular zeal for that crime). If an engineer gets in a fight with his trainmaster and deliberately runs him over (I know that is a difficult to imagine hypo, but it is too early for me to think of a better one), surely the State court would have jurisdiction, no? I would also think the cops would need a verifiable address to reach someone who is a witness to an accident (or the crime of running a grade crossing). Criminals aren't the only ones who can be arrested; witnesses can too if their presence at trail is in question. Anyway, I am just curious if you have any more information on your statement. I have always found dual-sovereignty interesting. Gabe [/quote] Gabe- See my response above. The case law is quite clear on the pre-emption in railroad safety matters by FRA under various acts including the Railroad Safety Act and the Interstate Commerce Commission Termination Act. As to criminal prosecution I'd guess there would be concurrent jurisdiction in most places I have prosecuted crimes against and occurring on railroad property before as well. However, grade crossing and trespasser incidents where the train crew is concerned is a very jealously protected zone. LC
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