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Train Photography Regulations and Federal Law

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Posted by RudyRockvilleMD on Monday, April 24, 2006 10:20 PM
As far as I know there is nothing in the Patriot Act that forbids photographing trains. For that matter I don't know of any federal laws forbidding photographing trains from publidc property. That said if you are on public property, and a cop tells you not to photograph trains, do what he or she tells you, don't argue, just leave. However, get their badge number, and write a letter to the mayor of the town, possibly with a copy to the town's chief of police, to explain what happened, and send them a link to Bert Krages web site so they might be able to see for themselves.

I wonder whether the Elm Grove, WI cops who told METRO he couldn't photograph trains from public property weren't making up a law that doesn't exist? Perhaps some of you who live in the Milwaukee, WI area could shed some light on whether laws banning railroad photography from public property in Elm Grove, WI actually exist..
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Posted by Anonymous on Monday, April 24, 2006 10:34 PM
Thank you for the Photograper's Rights .PDF
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Posted by METRO on Monday, April 24, 2006 11:40 PM
QUOTE: Originally posted by ardenastationmaster
-too obsolete, like a diesel submarine.


Don't discount the mighty diesel. Diesel/electric subs are still the quietest in the world and the Russian Foxtrot class is purpose designed to kill American nuclear aircraft carriers on lone wolf missions without being detected. Still could be kinda useful... Now I just hope the Russians don't sell them to Iran.

haha
Cheers!
~METRO
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Posted by CNW 6000 on Tuesday, April 25, 2006 12:15 AM
QUOTE: Originally posted by METRO

QUOTE: Originally posted by ardenastationmaster
-too obsolete, like a diesel submarine.


Don't discount the mighty diesel. Diesel/electric subs are still the quietest in the world and the Russian Foxtrot class is purpose designed to kill American nuclear aircraft carriers on lone wolf missions without being detected. Still could be kinda useful... Now I just hope the Russians don't sell them to Iran.

haha
Cheers!
~METRO

Nice thought...except it's too late for that. The Russians have sold the Iranians some "Kilo" class diesel electric subs that are newer and quieter than the Foxtrot class.

Dan

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Posted by Anonymous on Tuesday, April 25, 2006 9:47 AM
I had a similar experience at Tri-Rail station in West Palm Beach last June. I had my five year old son with me and we had taken the train from Ft. Lauderdale to West Palm. While waiting a the Ft. L station, a grandfather with his grandson was taking pictures of the arriving and departing trains and the local Wackenhut guy even posed for one of the photos. But after we arrived in West Palm a Tri-Rail employee accosted me while I was taking a few more photos of the locomotive and the old station with its cypress wood platform. She told me that taking photos was "against the law since 9-11" and that she had been directed to call the police. Well...I talked her out of it and did quite a bit of research afterward before learning (of course) that there is no such law. Apparently, though, the Wackenhut folks are still using this tactic.

FL Boy
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Posted by rkcartwright on Tuesday, April 25, 2006 10:34 AM
ooookay, I just gotta put my two cents in & set some of this right so nobody gets hurt here.
Any city or township or whatever can draw up their own ordinanace about anything and enforce it. You can quote federal law till your blue in the face, but it wont help until the day you go to court. Until then you may be in jail.
#2. Private security people may have the right and power to DETAIN you, until the police arrive. How they do that depends on A. How their trained, B, How their equipped, and C, what measures the people who contracted with them will allow.
I personally would not want to risk giving some nimrod wannabe who couldnt qualify to be a peace officer an excuse to mace or stun or tune me up with a baton. Some of these folks are a brick shy of a full load, and it all comes down to their word against yours.
Be cool, recognize that these are weird times, and common place things in our lives are going to be different for a while till it all settles down.
I go to Cajon Pass frequently and you really have to watch your step. You are dealing with people who have been stationed out in the boonies by their selves with a cell phone and an over active imagination. You dont wanna mess with some clown who hasnt taken his meds that day. And anybody who trys to argue with a genuine cop is just asking for trouble. They arent going to back down even if you show them a copy of the U.S. Constitution. . Tke it easy out there folks. It isnt worth the trouble.
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Posted by emdgp92 on Tuesday, April 25, 2006 11:38 AM
QUOTE: Originally posted by Lord Atmo

i never get busted for photography in Altoona. ever. i even get waved to by engineers and other crewmembers frequently


The last time I was in Altoona, I didn't get hassled either. Most of the engineers on the Curve would blow their horns and wave. In fact, they were laughing at me when I saw them on the Curve...and then again when I beat them to the tunnels at Gallitzen :D

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Posted by Anonymous on Tuesday, April 25, 2006 1:41 PM
I have been a photographer for over 45 years, and when I applied for my Copyright from the Bureau of Copyright office, they sent me a little book. It was about the rights of photographers, and it said that as long as you were in a public place, you had a right to photograph anything you wanted. All you have to do is stay on public land, and nobody can tell you to leave.
This includes bus stations, train stations, swimming pools in city parks, and railroad crossings out in the country. I also work as a conductor on a passenger train, and when we see photographers taking pictures of our train, we all wave, and smile for the camera. Some cities might have their own laws, but not all cities are the same.
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Posted by wccobb on Tuesday, April 25, 2006 3:42 PM
You want obsolete? How 'bout the British steam powered submarines??
http://www.submarine-history.com/NOVAthree.htm
The 6th entry under 1917 begins: "Great Britian introduced the steam-powered K-CLASS..."

Anyone try writing to your U.S. Senators and/or U.S. Representative & request a copy of the: "Thou Shalt Not Photograph R R Trains Law" ???
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Posted by Anonymous on Tuesday, April 25, 2006 4:02 PM
QUOTE: Originally posted by shay1925

There is no such law.

Go to this web site, print out the photographer's rights brief, carry it with you, and go have fun. Jim

http://www.krages.com/phoright.htm


Haven't had any problems, but I will now be carrying these with me whenever I go photograph anything, just to prevent any hassles.

Thanks. [bow] [tup] [tup] [2c]
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Posted by Anonymous on Tuesday, April 25, 2006 6:06 PM
I have taken the time to read evryone posts and i have just 1 simple thing to say. If you wanna take pictures of the trains and who doesnt??? come on over to the Rochelle trainpark and snap away!!! You can take all the shots you want hassle free.
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Posted by Anonymous on Tuesday, April 25, 2006 6:15 PM
Why are these weird times?

Have we suspended the Constitution, Habeas
Corpus and the rule of law?

Dave


QUOTE: Originally posted by rkcartwright

ooookay, I just gotta put my two cents in & set some of this right so nobody gets hurt here.
Any city or township or whatever can draw up their own ordinanace about anything and enforce it. You can quote federal law till your blue in the face, but it wont help until the day you go to court. Until then you may be in jail.
#2. Private security people may have the right and power to DETAIN you, until the police arrive. How they do that depends on A. How their trained, B, How their equipped, and C, what measures the people who contracted with them will allow.
I personally would not want to risk giving some nimrod wannabe who couldnt qualify to be a peace officer an excuse to mace or stun or tune me up with a baton. Some of these folks are a brick shy of a full load, and it all comes down to their word against yours.
Be cool, recognize that these are weird times, and common place things in our lives are going to be different for a while till it all settles down.
I go to Cajon Pass frequently and you really have to watch your step. You are dealing with people who have been stationed out in the boonies by their selves with a cell phone and an over active imagination. You dont wanna mess with some clown who hasnt taken his meds that day. And anybody who trys to argue with a genuine cop is just asking for trouble. They arent going to back down even if you show them a copy of the U.S. Constitution. . Tke it easy out there folks. It isnt worth the trouble.
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Posted by Gluefinger on Tuesday, April 25, 2006 9:02 PM
QUOTE: Originally posted by Safety Valve

Turn over the film?

HAH. It's all digital now. I keep a small digital film card that has random images on it.


But a cop seeing a digital SLR might not realize that fact. I might want to start carrying around a 35mm roll just in case.....
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Posted by Anonymous on Tuesday, April 25, 2006 10:51 PM
QUOTE: Originally posted by BNSFrailfan

QUOTE: Originally posted by bnsfkline

I carry around a copy of "The photograpers rights" and that usally shuts em up and they go away grumbling. Photographing trains is NOT a federal offence, if it was, we'd ALL be in federal prison!
Now that tells it like it is.
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Posted by Anonymous on Tuesday, April 25, 2006 10:58 PM
QUOTE: Originally posted by BNSFrailfan

QUOTE: Originally posted by bnsfkline

I carry around a copy of "The photograpers rights" and that usally shuts em up and they go away grumbling. Photographing trains is NOT a federal offence, if it was, we'd ALL be in federal prison!
Now that tells it like it is.
npbnrailwayfan The wife and I take photos of BNSF, MRL, and Amtrak trains
right from our front porch, the trains are about 100 feet away.
Like to see them stop us!!!
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Posted by Joby on Wednesday, April 26, 2006 12:28 AM
I'm honestly not so worried about Big Brother as I am about Little Brother. Every time a cop stops me near the tracks, I realize I'm 17 and HATE Graffitti, and that the cop may suspect something along this line.
But when it comes to a fellow railfan reporting me for driving into FT. Worth yard to get a shot of that MoPac SD70Ace that was parked 100 YARDS from the fence I get a bit annoyed. I understand that if I were killed, it would cause the roping off of all tracks in the region, but I frankly don't care if I were to get a good shot...

It's too bad everyone is so sue-happy now. My dad told me that "back in the day", in Stockton, CA, were the WP and SP yards are side by side, SP people would respond to trespassers by telling them to go over and shoot the WP. WP people would respond by telling you you could do whatever, as long as you didn't get in the way of a train moving out.

That was before the dark times. Before the Empire...
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Posted by rkcartwright on Wednesday, April 26, 2006 12:55 AM
Originally posted by dsktc

Why are these weird times?

Have we suspended the Constitution, Habeas
Corpus and the rule of law?

Dave

You will make all those fine arguments in court. They wont be heard by the person who arrests you. And, these are weird times because terrorist activity is forefront in everyone's minds now,and a very easy excuse for just about everything involving trespassing. .
I simply offer advice. Take it, or dont, live with your choice.
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Posted by Anonymous on Wednesday, April 26, 2006 3:57 AM
Indeed, I shall make all of these fine legal
arguments in court and prevail.

Dave



QUOTE: Originally posted by rkcartwright

Originally posted by dsktc

Why are these weird times?

Have we suspended the Constitution, Habeas
Corpus and the rule of law?

Dave

You will make all those fine arguments in court. They wont be heard by the person who arrests you. And, these are weird times because terrorist activity is forefront in everyone's minds now,and a very easy excuse for just about everything involving trespassing. .
I simply offer advice. Take it, or dont, live with your choice.
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Posted by edblysard on Wednesday, April 26, 2006 4:00 AM
Oh yes they will hear about all of that, and much, much more.
Those very arguments will be heard by the person who arrests me, my attorney guarantees that.
And the following civil suit against the officer and his or her department will make sure that the message gets through in the most fundamental and costly way.
Or, we could follow someone’s advice, and stick our heads in the sand and leave it up to someone else...that is what you’re saying, that our Constitutional rights are not even worth a night in jail?
Cause if you are, then I think you missed the whole point in civilians having rights in the first place…

QUOTE: Originally posted by rkcartwright

Originally posted by dsktc

Why are these weird times?

Have we suspended the Constitution, Habeas
Corpus and the rule of law?

Dave

You will make all those fine arguments in court. They wont be heard by the person who arrests you. And, these are weird times because terrorist activity is forefront in everyone's minds now,and a very easy excuse for just about everything involving trespassing. .
I simply offer advice. Take it, or dont, live with your choice.

23 17 46 11

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Posted by Hugh Jampton on Wednesday, April 26, 2006 10:22 AM
My advice: Stay away from Spain, even before the bombings train photography of any kind, even tryin to take a picture of the missus in a station brings a number of law enforcement officers running, all of them shouting; NO PHOTO!!! NO PHOTO!!, and don't even think of trying to take a picture of an actual train as they will quickly arrest you.
Generally a lurker by nature

Be Alert
The world needs more lerts.

It's the 3rd rail that makes the difference.
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Posted by germanium on Wednesday, April 26, 2006 10:31 AM
Putting a uniform on a half-wit doesn't make him any less of a half-wit, probably makes him more so.
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Posted by trainboyH16-44 on Wednesday, April 26, 2006 2:54 PM
QUOTE: Originally posted by dananbeth

I have taken the time to read evryone posts and i have just 1 simple thing to say. If you wanna take pictures of the trains and who doesnt??? come on over to the Rochelle trainpark and snap away!!! You can take all the shots you want hassle free.

I did that once...took me a week to get there! Too bad there aren't more places where you can safely take pictures without any chance of harassment.
I had a good day on Monday, I went railfanning for a few hours, and everybody was friendly and not a single person looked suspicious!

Go here for my rail shots! http://www.railpictures.net/showphotos.php?userid=9296

Building the CPR Kootenay division in N scale, blog here: http://kootenaymodelrailway.wordpress.com/

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Posted by coldguy on Thursday, April 27, 2006 12:03 AM
Certainly there is no law against taking pictures of trains, or anything else in a public setting. And a private security guard can't do much of anything besides look menacingly at you, unless you're on the private property they're protecting. But don't lose your mind over it. We are a civilized people, are we not. Don't let it ruin your day.
But I have some words for many of you amateur lawyers. You sould take the advice of the few wise posters here who are urging you to respect law enforcement. Don't think that because you are able to qoute a few lines of the constitution that you are invincible. If a police officer thinks you are acting suspiciosly, they have probable cause to stop and question you. Be polite, stop taking pictures, and answer their questions. If they tell you to put away the camera, put it away. If they tell you to leave, then leave. Don't start a civil rights rally right then and there, because you will lose. If you're a jerk and argue with an officer, they can cite you for any number of misdemearors, most commonly, loitering. Get a little loud and you're disturbing the peace. Use profanities and you're disorderly. Flip them off or spit in their general direction and you've just assaulted a police officer. Put up a fight, and you're resisting arrest. You get where I'm going here? You don't know all the information about why that officer is there. There may have been a previous incident of vandalism or some other crime at the place where you happen to be, just taking pictures. You may have accidently wandered onto private property, and someone called. Do you really want to spend some time in a squad car, or holding cell, or get maced, or taserd, over some pictures? Exercise some common sense!
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Posted by Anonymous on Thursday, April 27, 2006 3:54 AM
Respect law enforcement?! Respect them when
they're wrong and ignorant of the law?!

I submit we need to teach respect for
the constitution and the rule of law to
everyone, including those in law
enforcement.

Quoting Justice White in TERRY v. OHIO, 392 U.S. 1 (1968):

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=392&invol=1

"There is nothing in the Constitution which prevents a policeman from addressing questions to anyone on the streets. Absent special circumstances, the person approached may not be detained or frisked but may refuse to cooperate and go on his way. However, given the proper circumstances, such as those in this case, it seems to me the person may be briefly detained against his will while pertinent questions are directed to him. Of course, the person stopped is not obliged to answer, answers may not be compelled, and refusal to answer furnishes no basis for an arrest, although it may alert the officer to the need for continued observation."


Dave


QUOTE: Originally posted by coldguy

But I have some words for many of you amateur lawyers. You sould take the advice of the few wise posters here who are urging you to respect law enforcement. Don't think that because you are able to qoute a few lines of the constitution that you are invincible. If a police officer thinks you are acting suspiciosly, they have probable cause to stop and question you. Be polite, stop taking pictures, and answer their questions. If they tell you to put away the camera, put it away. If they tell you to leave, then leave. Don't start a civil rights rally right then and there, because you will lose. If you're a jerk and argue with an officer, they can cite you for any number of misdemearors, most commonly, loitering. Get a little loud and you're disturbing the peace. Use profanities and you're disorderly. Flip them off or spit in their general direction and you've just assaulted a police officer. Put up a fight, and you're resisting arrest. You get where I'm going here? You don't know all the information about why that officer is there. There may have been a previous incident of vandalism or some other crime at the place where you happen to be, just taking pictures. You may have accidently wandered onto private property, and someone called. Do you really want to spend some time in a squad car, or holding cell, or get maced, or taserd, over some pictures? Exercise some common sense!
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Posted by Anonymous on Thursday, April 27, 2006 5:26 AM
QUOTE: Originally posted by Hugh Jampton

My advice: Stay away from Spain, even before the bombings train photography of any kind, even tryin to take a picture of the missus in a station brings a number of law enforcement officers running, all of them shouting; NO PHOTO!!! NO PHOTO!!, and don't even think of trying to take a picture of an actual train as they will quickly arrest you.


Interesting to hear that - may explain why Spain is poorly-covered by the internet rail photo sites. I've railfanned in France a few times, however not since 9/11. Before then you used to get odd looks but I guess they must be used to people taking photographs of the TGVs by now, and I never got hassled. It's not just trains either - if I take a photo of a ship or dock area now (another interest of mine) I take care to do so very quietly and without advertising my presence, also making sure that I'm stood in a public area. If anyone's about, the camera goes away. I've rather taken to using a camera phone - only 1 megapixel but after you learn how to use it you can get some pretty good shots, certainly good enough for modelling purposes.
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Posted by Anonymous on Thursday, April 27, 2006 9:05 PM
Unless they are real police or point a gun at me, I pretty much just ignore anyone who attempts to interrupt one of my favorite pastimes. And of course carry my "photographers rights"with me......
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Posted by RudyRockvilleMD on Friday, April 28, 2006 10:26 AM
QUOTE: Originally posted by Hugh Jampton

My advice: Stay away from Spain, even before the bombings train photography of any kind, even tryin to take a picture of the missus in a station brings a number of law enforcement officers running, all of them shouting; NO PHOTO!!! NO PHOTO!!, and don't even think of trying to take a picture of an actual train as they will quickly arrest you.


Hugh:I don't doubt your railroad photography experience in Spain so your advice is well taken, but I did not have any trouble photographing trains in stations in Spain in either of my trips in 1998 and 2002.

I photographed RENFE's Talgo's Euromeds (broad gauge versions of Spain's AVE's) and freight trains from a platform in Tarragona right across the tracks from the railroad police in 1998 without any trouble. However, when I saw what I thought was a security guard on the platform I asked him in Spanish if it was ok to phtograph trains, and he told me "no" so I left; possibly he didn't understand my question or my Spanish. I photogrphed a few trains from public property in Tarragona without any problems after I left the station.

I met an English speaking railfan on a platform of a suburban station south of Madrid in 2002, and I asked him what he knew about photographing trains from station platforms, and he told me he never had any problems. So when I got back to Puerta de Atocha in Madrid I photographed two AVE's from their platforms, and I left; again, with no problems even though there were some security guards walking around.

I was lucky both times, but since the bombings in Madrid in 2004 I would not photograph trains anywhere in Spain, even from public property.

When I visited Spain in 2002 I noticed the trains were all running in flat land so I had to conclude that the trains in Spain run mostly in the plains

.
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Posted by RudyRockvilleMD on Friday, April 28, 2006 11:07 AM
QUOTE: Originally posted by nobullchitbids

Guys, the rules are simple:

1) The First Amendment remains the fundamental law of the land.

2) Unless clearly and unambiguously posted for genuine reasons of national security (e.g. the inside of an atom-bomb assembly plant), photographing anything from a public place is permissible, and no statute trumps the Constitution.

3) The railroad has the right to regulate activity on its own land.

4) Many stations are railroad property, even though open to the public.

5) Wackenhutt Security is a private security firm; in many states, its personnel can execute arrests; however, such an arrest is no different from any other citizen's arrest, and the executing individual, if a private person, does not enjoy any kind of judicial or quasi-judicial immunity (both he and the company can be sued for damages).

6) No one is required to turn over film to anyone (even a police officer), unless he actually is under arrest -- a threat of arrest is not sufficient.

7) Even an actual police officer is not immune from suit for violating First-Amendment rights (18 U.S.C. sec. 242; 42 U.S.C.. secs. 1983, 1985).

8) Most courts have jurisdiction only over "cases" or "controversies" -- there must be an actual arrest, or a civil suit, before them for the court to defend your rights.

So, show some courage, guys: The next time some self-appointed defender of the law threatens you with arrest for doing something perfectly legal, call his hand on it and tell him his alternative is to take a hike or face arrest for assault (you should call the cops, not arrest him yourself -- see above). BUT, do make certain you are on public land when you do this!


I agree with your points, but let me sort of a devil's advocate.

While many stations are railroad property, open to the public, the question whether stations owned by public transit authorities are public property in the sense of a public sidewalk or a public park has never been tested in court so each transit authority can determine whehter to allow photography from its stations' platforms. Currently METRA, Metro North, and now NJ Transit permit phtography from their stations' platforms, while SEPTA bans it, and MBTA requires a permit.

While indivdual police officers or their jurisdictions may not be immune to law suits for violations of civil rights, it can be expensive to sue them, and from what I understand many lawyers are reluctant to take such cases. Further, such law suits are very expensive to pursue.

Be careful what you say to a "rent-a-cop," even on public property, as many of them could be sworn police officers with arrest authority who are moonlighting for "rent-a-cop" agencies. It is still best to avoid confrontation over railraod photography with law enforcement as much as possible even if they are wrong. Also, watch out for vigilantee wannabees.
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Posted by Anonymous on Saturday, April 29, 2006 9:18 PM
In response to this
QUOTE: Originally posted by cspmo

QUOTE: I was threatened with arrest by a Wackenhut security person

Call the Wackenbutt office and tell them where ,& when this happen, that guard would probably get fired. Security can not arrest anyone all they can do is call the Police.
many states have "armed" security laws which include the right to arrest, detain, and transport people to the jail or magistrate. Best thing to do is not argue as this security person could have those priviliges. Yes even though there are no Federal Laws, there could be local ordinances that could come into effect.
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Posted by bob@osd on Sunday, April 30, 2006 7:37 PM
Just a thought,CNW6000. The engineer may have thought that you were trying to photograph him parked too close to a crossing. Particularly if he is on 1 of a 2 track line, he may be afraid that, if he is setting off the crossing gates, people may be convinced that his is the only train near that crossing. Someone may decide to go around the gates and get hit by another train that is hidden by his. The railroads have faced large lawsuits due to this.

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