Railroad police

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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 police. 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 States and Canada, all railroad police are employed by the major Class I railroads, as well as some smaller ones. In other countries, this work is typically done by territorial police forces rather than specialized agencies. In Britain, railways fall under the jurisdiction of the British Transport Police, a nation-wide transit police force that is responsible for policing all railways and some public transit systems.

Canada

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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 Confederation, railway constables were given full police powers within one quarter mile of company property and vehicles. The Canadian Pacific Railway initially relied on the Dominion of Canada Police which later became the North-West Mounted Police during construction of the transcontinental railroad, but by the latter 1880s were employing their own police.

The large numbers of navvies 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 1885. The Special Service was dissolved in 1904 following a scandal involving the business practices of a CPR Labour Department agent in Montreal, but was resurrected in 1913 as the Department of Investigation.^[1]

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

Bahnpolizei 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 Stato) is carried out by the Polizia Ferroviaria.

India

The protection of Indian Railways is carried out by the RPF (Railway Protection Force).

United Kingdom

The British Transport Police protects the rail system in the UK.

United States

History

Allan Pinkerton (left) began the first railroad police in the US at the urging of Abraham Lincoln (center) when the future president was a lawyer for the Illinois Central Railroad.

The history of railroad police in the United States traces back to the beginnings of the Pinkerton National Detective Agency. 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 Pinkerton met George B. McClellan, the president of the Rock Island Railroad and Illinois Central Railroad, as well as its attorney, Abraham Lincoln. 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 departments in the years following the Civil War.^[2][3] After the founding of the Brotherhood of Locomotive Engineers in 1863, Pinkerton’s and the new railroad police agencies became instrumental in crushing strikes of rail workers.^[4]

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.^[5]

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. In Virginia, for example, any railroad may file an application with the Circuit Court of any county where it operates to allow the President of the railroad to appoint members of its own police force. If approved, the railroad's police officers have the equivalent authority of the State Police, and may act as law enforcement personnel anywhere in the Commonwealth.^[6]

Some of the crimes railroad police investigate include trespassing on the right-of-way of a railroad, assaults against passengers, terrorism threats targeting the railroad, arson, tagging of graffiti on railroad rolling stock or buildings, signal vandalism, pickpocketing, ticket fraud, robbery and theft of personal belongings, baggage or freight. Other incidents railroad police investigate include derailments, 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 Force (JTTF).^[7]

Railroad police agencies

• Amtrak Police
• BNSF Police Department
• Boston and Maine Corporation Police Department (subsidiary of Pan Am Railways; also covers ex-Maine Central territory owned by PAR)
• CN Police Service
• Canadian Pacific Railway Police Service
• Conrail Police Department
• CSX Police Department
• Metra Police Department
• Norfolk Southern Railway Police Department
• Union Pacific Police Department

See also

• Company police
• Security police
• Special police
• Auxiliary police

References

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