Railfans on NJ - BEWARE

rush2ny Feb 22, 2008

  1. rush2ny

    rush2ny TrainBoard Member

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    I think that this bill is good but will be abused:

    LEGISLATION TO MAKE TRESPASSING ON RAILROAD PROPERTY A CRIME IN NEW JERSEY: The New Jersey Star Ledger Newspaper reports that a bill (A-929) passed by the New Jersey State Assembly that makes a person convicted of trespassing on railroad property guilty of burglary. Sponsored by Assemblyman Fred Scalera and assemblywoman Joan Quigley (A929) would subject anyone trespassing on railroad property to up to five years in prison and $15,000 in fines. The maximum penalty would rise to 10 years in jail and $150,000 in fines if the offender, knowingly, or recklessly inflicts, attempts to inflict, or threatens to inflict bodily harm. "Railroads and rail yards, by their very design, are hard to secure and are more vulnerable to criminals and the threat of terrorist attacks than other modes of transportation", said Scalera (D-Essex) the chairman of the Assembly Homeland Security and State Preparedness committee. The assembly passed the measure 76-0 and it now heads to the New Jersey State Senate." Although Railpace has a negative view toward blatant trespassing on railroad property, it is concerned that those photographers who are ignorant of property boundries might be prosecuted of a potentially serious offence. Railpace readers can voice their opinion concering this bill to New Jersey's elected officials prior to the bill possibly becoming law. These senators include:
    Richard Codey, Senate President, 449 Mount Pleasant Avenue, West Orange, N.J. 07052
    Nicholas J Sacco, 9060 Palisade Ave., North Bergen, N.J. 07047
    Fred H Madden, 129 Johnson Rd, Ste. 1, Turnersville, N.J. 08012
    Andrew R Ciesla, 852 Highway 70, Brick, N.J 08724
    Sean Kean, 155 Highway 34, Bldg. 2A, Wall Twp, N.J. 07719
    Jeff Van Drew, 21 North Maine St., Cape May Court House, N.J. 08210
    The legislation will be finally decided upon by Governor Corzine, His address is the Office of Governor, P.O. Box 001, Trenton, N.J. 08625
     
  2. Peirce

    Peirce Passed away April 3, 2009 In Memoriam

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    I agree with you, Russ, that this measure is well intended but could be abused. How it is enforced should be closely watched. However, I believe it is also the responsibility of the railfan photographer to make himself aware of the boundary line between public property and private, railroad, property. In my opinion, he should err on the side of caution, and perhaps, use a longer lens.
     
  3. BNSF FAN

    BNSF FAN TrainBoard Supporter

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    So, when is this up for a vote?
     
  4. firechief

    firechief TrainBoard Member

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    Typical of government interference. Without a doubt, the next step will be the selling of permits to railfans and photographers..

    Dave.
     
  5. BoxcabE50

    BoxcabE50 HOn30 & N Scales Staff Member TrainBoard Supporter

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    Trespassers should certainly be kept out. However, I cannot disagree with fears of such legislation leading to abuse, from the other side of this spectrum. Those who feel this same worry, have world history on their side. :(

    Boxcab E50
     
  6. RRfan

    RRfan TrainBoard Member

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    the would not make sence because then evoryone who crosses the crossing by feet or car would be in jail
     
  7. Hytec

    Hytec TrainBoard Member

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    Please understand that auto grade crossings and pedestrian walkways are both designated by the railroad and local municipalities as public access paths, therefore not subject to any potential trespassing legislation. However, if you as an individual should choose to wander off of those designated pathways onto the RR ROW, you then would be subject to prosecution for trespassing.
     
  8. BoxcabE50

    BoxcabE50 HOn30 & N Scales Staff Member TrainBoard Supporter

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    RRfan-

    What Hytec states above is very true. Those public pathways and roads are known as easements. An agreement for use, between the railroad, and the local government, which allows the public to cross RR property- At a designated place. (Over, under, or at grade.) You stay on these, and you're OK. But I would not linger in the midst of any trackage. These are meant only for you to cross the property or tracks. Doing otherwise might make the RR folks nervous. And might prompt someone to inquire what your purpose is for being there.....

    Boxcab E50
     
  9. fitz

    fitz TrainBoard Member

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    Russ, good to see you here again! :tb-biggrin:
     
  10. OC Engineer JD

    OC Engineer JD Staff Member TrainBoard Supporter

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    It is just a fact of the times we live in today.:(
     
  11. OC Engineer JD

    OC Engineer JD Staff Member TrainBoard Supporter

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    I guess while in NJ, instead of railfanning, we could head over to Mikes for an operating session. :)
     
  12. friscobob

    friscobob Staff Member

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    While I understand the need to keep trespassers off RR property, I find the fines a bit too steep. Also, the potential is there for overzealous Barney Fife-types to abuse this law.

    Methinks common sense will be one of the casualties........... :(
     
  13. Kurt Moose

    Kurt Moose TrainBoard Member

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    Isn't it a federal offense to tresspass on any railroad tracks? I have heard of this ever since I was a kid and thought this was kinda the law already, in all states.
     
  14. rush2ny

    rush2ny TrainBoard Member

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    Thanks Fitz! As you can see I have been quite busy moving 2 states over. Good news is, I have more room for trains.

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    One cool place to railfan in NJ is in Ridgewood Park, where they turned the old Susy-Q station into a kind of official railfan spot. If there were more official spots like these I guess the issue would be moot.

    Russ
     
  15. SecretWeapon

    SecretWeapon Passed away January 23, 2024 In Memoriam

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    Anytime Cuz,

    YES !!!!!!!!



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    One cool place to railfan in NJ is in Ridgewood Park, where they turned the old Susy-Q station into a kind of official railfan spot. If there were more official spots like these I guess the issue would be moot.

    Russ[/quote]
    10 mins. from my apt. & Suzie-Q's offices are in my town.
     
  16. BoxcabE50

    BoxcabE50 HOn30 & N Scales Staff Member TrainBoard Supporter

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    This type of scenario would definitely be helpful.

    Boxcab E50
     
  17. RRfan

    RRfan TrainBoard Member

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    do ya want to know another COOL place in new jersey to railfan well me and my dad cant remember but it is near manville it is a little park next to a lake and the tracks come past it NS and CSX share that part of the trenton line
     
  18. Frank Campagna

    Frank Campagna TrainBoard Member

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    If the law is intended to fight criminal activity and terrorism on RR property, it should be worded as such. To inflict such penalties on simple trespassing plays fast and loose with the constitutions excessive fines and penalties provision. I have no problem with trespassing being a crime. My problem is with lazy, stupid politicians.

    Frank
     
  19. BoxcabE50

    BoxcabE50 HOn30 & N Scales Staff Member TrainBoard Supporter

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    I agree.

    Boxcab E50
     

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