Railroad police are different from one country to another. Their roles are in some countries no different than that of any other police agency in others they are more related to a type of
security policeSecurity police are those persons, employed by or for a governmental agency, who provide police and security services to those agencies' properties....
. They are all commonly responsible for the protection of railroad (or railway) vast networks of properties, facilities and personnel as well as public rail transit systems. Some are given extensive additional authority where other jurisdictions are more restricted.
In the
United StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
and
CanadaCanada is a country occupying most of northern North America, extending from the Atlantic Ocean in the east to the Pacific Ocean in the west and northward into the Arctic Ocean...
, all railroad police are employed by the major
Class I railroadsA Class I railroad in the United States and Mexico, or a Class I rail carrier in Canada, is a large freight railroad company, as classified based on operating revenue.Smaller railroads are classified as Class II and Class III...
, as well as some smaller ones. In other countries, this work is typically done by
territorial police forceThe phrase Territorial Police Force varies in precise meaning according to the country to which it is related, generally distinguishing a force whose area of responsibility is defined by sub-national boundaries from others which deal with the entire country or a restricted range of...
s rather than specialized agencies. In Britain, railways fall under the jurisdiction of the
British Transport PoliceThe British Transport Police is a special police force that polices those railways and light-rail systems in Great Britain for which it has entered into an agreement to provide such services...
, a nation-wide
transit policeTransit police, is a specialized police agency or unit employed by a common carrier, which could be a transit district, railroad, bus line, other transport carrier, or the state...
force that is responsible for policing all railways and some
public transitTransit police, is a specialized police agency or unit employed by a common carrier, which could be a transit district, railroad, bus line, other transport carrier, or the state...
systems.
Canada
In Canada, the construction of railways served a similar nation-building function as it did in the US and also brought new police agencies into existence. Years before
ConfederationCanadian Confederation was the process by which the federal Dominion of Canada was formed, officially beginning on July 1, 1867, with the new provinces of Ontario and Quebec along with two other British colonies, New Brunswick and Nova Scotia, which also became provinces.-Usage:Canada is a...
, railway constables were given full police powers within one quarter mile of company property and vehicles. The
Canadian Pacific RailwayThe Canadian Pacific Railway , known as CP Rail between 1968 and 1996, is a Canadian Class I railway operated by Canadian Pacific Railway Limited. Its rail network stretches from Vancouver to Montreal, and also serves major cities in the United States such as Minneapolis, Chicago, and New York City...
initially relied on the Dominion of Canada Police which later became the
North-West Mounted PoliceThe Royal Canadian Mounted Police is the national police force of Canada, and one of the most recognized of its kind in the world. It is unique in the world as a national, federal, provincial and municipal policing body...
during construction of the
transcontinental railroadA Transcontinental Railroad is a railroad that crosses a continent from "coast-to-coast". Terminals are at or connected to different oceans. Because Europe is criss-crossed by railways, railroads within Europe are usually not considered transcontinental, the Orient Express perhaps being an...
, but by the latter 1880s were employing their own police.
The large numbers of
navviesNavvy is a shorter form of navigational engineer or navigator and is particularly applied to describe the manual labourers working on major civil engineering projects. The term was coined in the late 18th century in Britain when numerous canals were being built, which were also sometimes known as...
recruited to build the railways brought security problems for rail companies. In 1900, the CPR established its Special Service Department. It worked closely with municipal, federal, and provincial police and given a mandate to prevent and investigate pilferage, theft, vandalism, and sabotage as well as policing strikes.
The CPR police was also responsible for closely guarding Chinese workers, who were considered “detainees” and virtually treated as prisoners under the
Chinese Immigration Act of 1885The Chinese Immigration Act of 1885 placed a head tax on all Chinese immigrants coming to Canada, forcing them to pay a fifty dollar fee to enter the country. In 1900, the fee was raised to one hundred dollars...
. The Special Service was dissolved in 1904 following a scandal involving the business practices of a CPR Labour Department agent in
MontrealMontreal is the second-largest city in Canada and the largest city in the province of Quebec. Originally called Ville-Marie , the city takes its present name from Mont-Royal, the triple-peaked hill located in the heart of the city, whose name was also initially given to the island on which the...
, but was resurrected in 1913 as the Department of Investigation.
Today, Canadian National (CN) and Canadian Pacific Railway (CPR) police departments are the only federal railway police services operating in Canada. Police officers for the railway are federally sworn under the Railway Safety Act. This Act allows a superior court (federal) judge to appoint a person as a police constable. These officers are employed by the railway and are in place strategically within Canada's rail infrastructure with a primary focus of reducing deaths and injuries along each railway's network of operations. These officers typically work toward investigations involving criminal and provincial violations such as traffic enforcement and accident investigations and working to further educating the public about the dangers of rail operations and consequences that can result from complacency. To note Canadian National was a crown corporation until 1994 when it was transferred from government ownership to private industry. During this time CN Police officers were part of the federal government but after transitioned to working for private industry.
The railway police federal oath of office provides the following wording (Now under the Railway Safety Act section 44(1):
"I, ________________, Judge of the Superior Court in and for the Province of ___________, pursuant to the powers vested in me by the Canada Transportation Act, do herby appoint ________________ to act as Constable upon and along the lines of the _______________, as prescribed by Section 158 of the said Act.
I, ________________, having been appointed a constable to act upon and along the lines of _________ Railway under the provisions of the Canada Transportation Act do swear that I am a Canadian citizen; that I will well and truly serve the legally constituted authorities in the said office as constable without favor or affection, malice or ill-will; that I will do the best of my power cause the peace to be kept and prevent all offences against the peace; and that while I continue to hold the said office I will to the best of my skill and knowledge discharge the duties thereof faithfully, according to Law."
Additionally, in Canada these police officers are also appointed or sworn provincially to provide additional police powers as it relates to each province’s interest. The primary jurisdictional police are still responsible for all law enforcement in its jurisdiction and due to reduced manpower and coverage the railway police are considered a secondary response agency. Often the primary jurisdictional police are required to deal with matters that are occurring on or in relation to railway property. However, railway police will still assume jurisdiction depending on the seriousness of the incident again due to their reduced numbers and capabilities may require local police to assume control over an incident with the railway police acting in a supporting / assisting role. Railway police also support local police at incidents not in relation to the railway. To note: any railway may appoint persons as railway police constables.
The most significant difference between railway police officers and that of municipal / provincial officers in that they are paid for by private industry. Due to this there is a believed or perceived opinion that their purpose for existence is that of a security guards for the railways. In reality though their job entails security matters they are functioning federal police services with a mandate no different than that of any other police service. Police services are all security and perform security in their communities. Every alarm call or suspicious person complaint that comes in or suspicious person call or trespasser who won’t leave they attend to they are acting in a security role to a business or residence. The railway police having corporate affiliation does cause a perceived bias but their focus is directly towards the protection of the extensive commodities and the infrastructure used to move these commodities around the country. Their reason for existence is to provide protection of the nations economy that is moved by rail or related to rail such as intermodal shipments (trucking).
If we look closely at what these officers do they are very similar to OPP / Surete and RCMP contract policing. The officers of the railway police do not routinely deal with violent incidents but do deal with thefts, break ins, vandalism, collisions, alarms, prostitution, suspicious persons, vehicles, and traffic complaints. Not much different than our publicly funded / owned agencies. These officers routinely arrest people with outstanding warrants, breaching court conditions or for impaired driving as an example, no real difference than our small community OPP, Surete or RCMP detachments. Then mixed in with irregularity are narcotics / violence / armed and combative individuals, etc.
They deal with suicides and fatalities and at time homicides, but never as the lead agency. Their officers have been involved in shooting incidents and been injured and killed in the line of duty. It is the same bad people who are committing crimes in the communities to private and public locations and to its residents of which the railways are a part. The same individuals that public police encounter in the course of their duties are the same ones railway police also deal with. The same is also true with any type of law enforcement or security guards.
The most significant career differences between public and railway police officers are the vast majority of railway police officers in Canada will never move into specialty units that the larger agencies have. A railway police officer remains a general duty patrol member throughout their career with limited career advancement. There are some community service officer positions and detective positions but these are rare. Some of their benefits are they create their own schedules or work assigned hours. They work plain clothes or uniformed duties. They are able to work independently or in a team environment and are normally posted to only major centers not small communities. There wages are within the highest earning brackets of all police agencies, normally within the top twenty in Canada. The railway police promotions are rare due to their small size, which for some officers proves to be a reason to move on where for others the railway police provide a positive change joining from outside agencies.
Railway police rely on the larger agencies to provide assistance with lodging of their prisoners, forensic identification services, specialized support and assistance as well as back up. The railway police reciprocate by assisting these outside agencies in traffic projects and public safety events as well as backing officers from these agencies as required. So in many ways generally speaking there isn’t a lot of difference when comparing them to small community policing. If we compare them to major center policing there is vast differences but then it is well known that the policing in these centers is just as different from the small community policing as well. A lot of the stigma comes from the railway police working out of the major centers alongside the major agencies, as the larger agencies do not see the railway police or the smaller agencies in general as being very busy. Some members formerly employed with major agencies that are now with the railway police have openly stated they are busier now than when they were with the major services, just more spread out and they don’t deal with anywhere near the violence. Some of the noted differences are obviously railway police do not handle incidents of domestic violence unless found occurring by a member or occurs in the railway's work place, mental health warrants, though they do deal with a lot of incidents involving mentally disturbed persons, armed robberies or violent assaults. Railway police will not take the lead on serious incidents as local police will remain the police of jurisdiction. Furthermore, the railway police can always call the local police for assistance and to continue the investigation. Local police are obligated to provide policing to railway companies as they are large tax payers. Sexual assaults and child abuse are another area commonly called upon by public police that the railway police deal with seldom. As well as life priority calls from the public for assistance, hold ups, robberies, assaults in progress, vehicle pursuits are forbidden etc.
The railway police in Canada do not act as the primary agency involving sexual assaults unless of a minor nature, and often still the local police will be called and deal with it. In all these cases the primary agencies will be called out and the railway police will assist the outside agency. The main difference is that public police is mandated in law, railway police are not required nor are they legislated like a police officer is. In public policing, its all the department does with an emphasis on over all public safety no matter what the property line it. At the railway, they are employed to assist the company in achieving corporate goals of transporting freight. There is no doubt that railway police are different but no different than Toronto is to the RCMP or Calgary is to the OPP. One RCMP or OPP or Surete detachment that police a large community to one that police smaller. The federal railway police officer has to be able to function in both rural and urban environments and deal with courts both in rural and municipal settings. Deal with provincial and federal prosecutions. Be conversant with people skills capable of working closely with the largest of agencies to the smallest. Be capable of working alone for long hours and confident to make competent decisions on their own without direction. Additionally, many officers experience working from one province to another due to their federal appointment resulting in additional knowledge requirements and ability to independently work through different jurisdictions and idiosyncrasies of each court venue they work in, often even within the same province. The railway police work closely with all the police agencies in each province they are situated in. These officers professionally protect the public from the railways and the railways from the public weather that be through collisions or crime. Through this mandate the railway police do further assist the corporate goals of each railway with their target interests of zero incidents just as each other police service works throughout they’re communities towards the same. The railway police focus of course is towards rail operations but many positive spin offs to a community result from their added presence and operations. Though the issue of privately owned sounds unique a police officer is accountable for his actions and the agency collectively to government. Regardless, of their being privately owned or not, railway police officers investigated for misconduct either internally or through public complaints are investigated either internally by their respective police service or through agreements with outside police agencies.
All police services mandate are for the protection of life and property. This is no different than for that of the officers of the railway police in Canada. They are appointed and recognized by the government of Canada as police officers. Receive recognition for service as police officers for Canada through service medals and other law enforcement awards and recognitions. Like any police force they must maintain themselves to a high standard of functionality and governed accordingly in order to be allowed to operate.
The police services though they are internal and the only two privately authorized police services in Canada are stand alone entities with their own budget, police Chiefs and internal doctrines. Their main purpose of existence is to protect the lifeline of the country by protecting Canada’s economy by reducing any disruption to rail operations. Their work does support rail operations with the purpose of reducing deaths and injuries as well as solving crimes and actively preventing crime. By doing their duties their actions support the economy of Canada and the many businesses and jobs that are sustained and maintained as a result of these two major railways.
Railway police in Canada had for years been trained through their own internal training as many police services in Canada were and some still are. With the on set of police colleges the railway police due to downsizing in the mid to late 80s did not hire often and when they did it was from outside already trained officers. Then as hiring began again police colleges were considered some were still trained through in house by internal police service qualified trainers as well as being put through various courses at government police colleges, others were sent through formal police colleges.
Currently, CN / CP are the only private companies in Canada that have governmentally authorized sworn police officers employed. The duties of railway police though identical in many areas to that of public police officers are in areas different than public police. The bulk of the work is directly focused towards preventing deaths and injuries at crossings and on rail properties. This is done through extensive commitment to traffic and trespass enforcement combined with education and engineering as required. These professionals similarly to public police officers are employed to protect the community they police but instead of the focus being the entire community these officers deal with segments or sections of communities in many different locations throughout a region where their rail operations function in. Many will tell you that as being a private rail constable is more difficult than as a police officer, due to many of the above items. It can be a very boring, difficult, lonely job, but one done with pride of protecting the company and by extension the public and country. Another often overlooked aspect is that railway police often work alone or in small pairs or groups. They do not have the benefit of instant police back up or of the large platoon system of public police. There are not minimum staffing requirements, they often work on call as needed and the nearest company back up may be hundreds of miles away. They don't have the police camaderie that may exist in a public department where police work with many other officers and platoons, in public police work back up is always available due to legal requirements to provide adequate community protection.
The role of railway police has increased in the last 15 years and specifically since post 9-11 due largely in part to requirements aimed at securing vital rail infrastructures and borders. Risk management is also an important role to the railways that railway police are often in the front line identifying areas of liability and investigating potential company problems which are forwarded on to the railway's Risk Management departments.
Germany, Austria and Switzerland
BahnpolizeiBahnpolizei is the term in Germany, Austria and the German-speaking parts of Switzerland for the Railway police.-Germany:Bahnpolizei was the name of the former Railway police of West Germany and fell under the jurisdiction of the Deutsche Bundesbahn federal railway company...
is the term in Germany, Austria and the German-speaking parts of Switzerland for the Railroad police.
Italy
Policing of Italian State Railways (
Ferrovie dello StatoThe Ferrovie dello Stato , know also with the acronym FS, is the operator of the Italian railway network. A public concern, it is a railway company of Italian state and its capital is held by the Italian state....
) is carried out by the Polizia Ferroviaria.
History
The history of railroad police in the United States traces back to the beginnings of the
Pinkerton National Detective AgencyThe Pinkerton National Detective Agency, usually shortened to the Pinkertons, was a private U.S. security guard and detective agency established by Allan Pinkerton in 1850. Pinkerton had become famous when he foiled a plot to assassinate president-elect Abraham Lincoln, who later hired Pinkerton...
. In the mid nineteenth century, the number of US Marshals was insufficient to police the railway lines sprawling across the vast frontier.
Passing through areas far removed from the protective measures available in populated centers left railroad lines and their passengers and freight vulnerable to banditry. Through his detective business,
Allan PinkertonAllan Pinkerton was a Scottish American detective and spy, best known for creating the Pinkerton National Detective Agency, the first detective agency of the United States.-Early life, career and immigration:...
met
George B. McClellanGeorge Brinton McClellan was a major general during the American Civil War. He organized the famous Army of the Potomac and served briefly as the general-in-chief of the Union Army. Early in the war, McClellan played an important role in raising a well-trained and organized army for the Union...
, the president of the Rock Island Railroad and
Illinois Central RailroadThe Illinois Central Railroad , sometimes called the Main Line of Mid-America, is a railroad in the central United States, with its primary routes connecting Chicago, Illinois with New Orleans, Louisiana and Birmingham, Alabama. A line also connected Chicago with Sioux City, Iowa...
, as well as its attorney,
Abraham LincolnAbraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through its greatest internal crisis, the American Civil War, preserving the Union and ending slavery...
. With Lincoln’s encouragement, Pinkerton began supplying detectives for the railroad.
Railroad contracts were subsequently a mainstay of Pinkerton’s until railroad companies gradually developed their own
police departmentsCompany police, also called Private Police, are police officers who work for a private company rather than a government agency.-United States:These exist in most states in the United States...
in the years following the
Civil WarThe American Civil War , also known as the War Between the States and several other names, was a civil war in the United States of America. Eleven Southern slave states declared their secession from the United States and formed the Confederate States of America...
. After the founding of the
Brotherhood of Locomotive EngineersThe Brotherhood of Locomotive Engineers was a labor union founded in Marshall, Michigan, on May 8, 1863, as the Brotherhood of the Footboard. A year later, its name was changed to the Brotherhood of Locomotive Engineers, sometimes referred to as the Brotherhood of Engineers...
in 1863, Pinkerton’s and the new railroad police agencies became instrumental in crushing strikes of rail workers.
Another major concern was pilferage by employees, especially the passenger conductor, who had the greatest authority and freedom on passenger trains and collected ticket fees. Pinkerton began this work for the South Michigan Line in 1854, and on 1 February 1855, he created the North West Police Agency with $10,000 given for the cause by six anxious Midwestern railroads.
Jurisdiction and authority
Some railroad police officers are certified law enforcement officers and may carry full police and arrest powers. The appointment, commissioning and regulation of railroad police under Section 1704 of the U.S. Crime Control Act of 1990, provides that: "A railroad police officer who is certified or commissioned as a police officer under the laws of any one state shall, in accordance with the regulations issued by the U. S. Secretary of Transportation, be authorized to enforce the laws of any other state in which the rail carrier owns property."
It is important to note that Section 1704 also states that this police authority is to "the extent of the authority of a police officer certified or commissioned under the laws of that jurisdiction". While a railroad police officer may have general peace officer authority in some states such as California, they are limited to the railroad's property in other states.
The status of railroad police officers varies by state, in that they are commissioned by the Governor of the state in which they reside and/or work in and they may carry both state level arrest powers and some interstate arrest powers as allowed by 49 USC 28101. Although railroad police primarily enforce laws on or near the railroad right-of-way, their police officers can enforce other laws and make arrests off of railroad property depending on the state in which they are working.
Depending upon the state or jurisdiction, railroad police officers may be considered certified police officers, deputized peace officers, or company special agents.
Some of the crimes railroad police investigate include trespassing on the
right-of-wayA right-of-way is a strip of land that is granted – through an easement or other mechanism – for transportation purposes, such as for a rail line or highway. A right-of-way is reserved for the purposes of maintenance or expansion of existing services with the right-of-way...
of a railroad,
assaultAssault is a crime of violence against another person. In some jurisdictions, including Australia and New Zealand, assault refers to an act that causes another to apprehend immediate and personal violence, while in other jurisdictions, such as the United States, assault may refer only to the threat...
s against passengers,
terrorismTerrorism is the systematic use of terror especially as a means of coercion.At present, there is no internationally agreed definition of terrorism...
threats targeting the railroad,
arsonArson is the crime of deliberately and maliciously setting fire to structures or wildland areas. It may be distinguished from other causes such as spontaneous combustion and natural wildfires caused by lightning for example. The study of the causes is the subject of fire investigation...
, tagging of
graffitiGraffiti is the name for images or lettering scratched, scrawled, painted or marked in any manner on property....
on railroad
rolling stockRolling stock is the collective term that describes all the vehicles that move on a railway. It usually includes both powered and unpowered vehicles, for example locomotives, railroad cars, coaches and wagons...
or buildings, signal vandalism, pickpocketing, ticket
fraudIn the broadest sense, a fraud is an intentional deception made for personal gain or to damage another individual. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and is also a civil law violation....
,
robberyRobbery is the crime of seizing property through violence or intimidation. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear. Precise definitions of the offence may vary between...
and theft of personal belongings, baggage or freight. Other incidents railroad police investigate include
derailmentA derailment is an accident on a railway in which a train leaves the rails, which can result in damage, injury, and death.There are several main causes of derailment: broken or misaligned rails, excessive speed, faults in the train and its wheels, and collisions with obstructions on the track...
s, train/vehicle collisions, vehicle accidents on the right of way, and hazardous materials releases.
Joint Terrorism Task Force (JTTF)
Most railroad police agencies are participants in the FBI's
Joint Terrorism Task ForceA Joint Terrorism Task Force is a partnership between the Federal Bureau of Investigation, other federal agencies A Joint Terrorism Task Force (JTTF) is a partnership between the Federal Bureau of Investigation, other federal agencies A Joint Terrorism Task Force (JTTF) is a partnership between...
(JTTF).
http://www.fbi.gov/pressrel/speeches/speech100802.htm
Railroad Police Agencies
- Amtrak Police Department
The Amtrak Police is a railroad police agency that acts as the security and law enforcement agency of Amtrak, a passenger train system in the United States...
(also police CaltrainCaltrain is a California commuter rail line on the San Francisco Peninsula and the Santa Clara Valley in the United States. It is currently operated under contract by Amtrak and funded jointly by the City and County of San Francisco, San Mateo County Transit District, and Santa Clara Valley...
)
- BNSF Railway Police
The BNSF Police Department is the law enforcement agency of the Burlington Northern Santa Fe Railway . Its headquarters is situated in Fort Worth, Texas.- Jurisdiction :...
- Boston & Maine Railroad Police Department
Pan Am Railways , known as Guilford Rail System before March 2006, is a holding company that owns and operates a Class II regional railroad covering northern New England from Mattawamkeag, Maine to Rotterdam Junction, New York...
(subsidiary of Pan Am RailwaysPan Am Railways , known as Guilford Rail System before March 2006, is a holding company that owns and operates a Class II regional railroad covering northern New England from Mattawamkeag, Maine to Rotterdam Junction, New York...
; also covers ex-Maine CentralThe Maine Central Railroad was a railroad in central and southern Maine. It was chartered in 1856 and began operations in 1862. It operated between South Portland, Maine, east to the Canada-U.S...
territory owned by PAR)
- CN Police Service
- Conrail Railroad Police Department
- CSX Police Department
CSX Transportation is a Class I railroad in the United States, owned by the CSX Corporation and headquartered in Jacksonville, Florida. It is one of the three Class I railroads serving most of the East Coast, the other two being the Norfolk Southern Railway and Canadian Pacific Railway...
- Metra Police Department
Metra is a regional rail system that serves the city of Chicago, Illinois, United States and surrounding suburbs...
- Norfolk Southern Railway
The Norfolk Southern Railway is a major Class I railroad in the United States, owned by the Norfolk Southern Corporation. With headquarters in Norfolk, Virginia, the company operates 21,500 route miles in 22 eastern states, the District of Columbia and the province of Ontario, Canada...
Police Department
- Union Pacific Police Department
The Union Pacific Police Department is the law enforcement agency of the Union Pacific Railroad. Its headquarters is in Omaha, Nebraska and its current Chief of Police is Dennis Jenson.-Jurisdiction and duties:...
External railroad police links in the United States