Railroad police

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Railroad police or railway police are people responsible for the protection of railroad (or railway) properties, facilities, revenue, equipment (train cars and locomotives), and personnel, as well as carried passengers and cargo. Railroad police may also patrol public rail transit systems.

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Their exact roles differ from country to country. In some countries, the powers of railroad police are no different from any other sworn law enforcement officer, while in others they are more like security guards. Some are also given extensive additional authority, while those in other jurisdictions are more restricted. In the United States and Canada, 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 the United Kingdom, railways fall under the jurisdiction of the British Transport Police, a national transit police force that is responsible for policing all railways and some public transit systems in Britain.

Brazil

The Brazilian's Federal Railroad Police was created in 1852 by decree of the emperor Dom Pedro II, making it the oldest police agency in Brazil. There are[ when? ] some proposals in the Brazilian Senate to reactivate this police agency, as it is considered important to national security.

Canada

Canadian railways, like those of the United States, aided in nation-building and brought new police agencies into existence. Railway constables are given full police powers within 500 meters of property that the railway company owns, possesses or administers. [1] The Canadian Pacific Railway initially relied on the Dominion Police, and later the North-West Mounted Police during construction of the transcontinental railroad, but by the later 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 Special Service were 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 railway's Department of Investigation. [2]

The Canadian Pacific Police Service, Canadian National Police Service, and VIA Rail Canada Police Service are the only federal railway police services operating in Canada. Police officers for the railways are federally sworn under the Railway Safety Act. [1] 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 on reducing deaths and injuries along each railway's network of operations. These officers typically work on investigations involving criminal and provincial violations, such as traffic enforcement and accident investigations, and working to educate the public about the dangers of rail operations and consequences that can result from complacency.

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 their 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 occur on or in relation to railway property. Depending on the seriousness of the incident, railway police may assume jurisdiction, though due to their reduced numbers and capabilities they may require local police to assume control over an incident and act in a supporting role. Railway police also support local police at incidents not in relation to the railway.

Transit police

Police forces

Special constables

An example from Canada - Edmonton Transit Peace Officer Ford Crown Victoria Police Interceptor Parked Peace (6591442753).jpg
An example from Canada - Edmonton Transit Peace Officer Ford Crown Victoria Police Interceptor

Other large Canadian transit networks use security officers appointed as special constables or peace officers. As special constables, they typically have full police powers when working on transit property to enforce the Criminal Code of Canada, as well as respective Bylaws. Whilst they carry some police equipment, such as a protective vest, baton, handcuffs and pepper spray, they do not carry a firearm. These officers assist local jurisdiction's police officers in investigations of illegal activity on the transit system.

People's Republic of China

The governing body of almost all railroad operations—the Chinese Ministry of Railways, which was also the owner of a great deal of the country's rail network—operated a massive police force that provided security service inside major railroad hubs and stations and outside along the railroads. Their jurisdiction extends to the limit of MoR property, yet occasionally the jurisdiction overlaps with local forces, in case it was an offence that occurred inside MoR facility, [3] or related to MoR operations. [4]

The railroad police of PRC can be considered as the only civil police force under the command of an agency of central government, more precisely the MoR. Its branches distribute in parallel to the railway bureaus of MoR, and for a period of time, it was considered its subsidiary, since the "railway bureau" is an entity of mixed nature: as a government agency as well as a corporation. Consequently, some railroad police agency will cover several regions of operation on a provincial level. For example, the division level Tianjin railroad police force will answer to the prefecture level Beijing railroad police bureau, despite the fact that regular police force of Tianjin is collateral to its Beijing equivalence. While supervised by the Ministry of Public Security, the force was funded exclusively by MoR itself, [5] therefore often was criticized for protecting corporate interest under MoR. Since it is prevalent in PRC that local police force was conscripted as a private army of individuals, such criticism actually reflects the dispute between local and central government at some level.

Germany

Bahnschutzpolizei was the railroad police of Nazi Germany. It was tasked with railway safety and also with preventing espionage and sabotage of railway property. It was not subordinated to Hauptamt Ordnungspolizei, only the Deutsche Reichsbahn.

Bahnpolizei was the name of the former Railway police of West Germany and fell under the jurisdiction of the Deutsche Bundesbahn federal railway company. Bahnpolizei officers investigated trespassing on rail property, assaults against passengers, terrorism threats targeting the railway, arson, tagging of graffiti on railroad rolling stock or buildings, signal vandalism, pickpocketing, ticket fraud, robbery, and theft of personal belongings, baggage, or freight. They also investigated train/vehicle collisions and hazardous materials releases.

In 1992 the railway security mission was transferred to the Bundesgrenzschutz which resulted in the merger of the Bahnpolizei into the Federal Border Guard Force. The BGS had already taken on these duties in 1990 for the territory of the former East Germany, replacing the former East German Transportpolizei . The Bundesgrenzschutz was then renamed the Bundespolizei (Federal Police) on July 1, 2005, and this force is currently responsible for security and passenger checks on the German railway system.

India

The protection of Indian Railways is carried out by the Railway Protection Force and the Government Railway Police. The Mission of the Railway Protection Force includes to protect and safeguard railway passengers, passenger area and railway property and also to ensure the safety, security and boost the confidence of the traveling public in the Indian Railways.

Indonesia

Polsuska (Indonesian: Polisi KhususKereta Api or Railroad Special Police) is a law enforcement unit under the auspices of the Indonesian Railway Company. Polsuska in its role as a special railroad police is tasked to: apply sanctions in accordance with legislation and implement security, prevention of crime, and prevent non-justice actions within the scope of the Indonesian railways as a partner of the national police. Polsuska has the responsibilities relating to law and order including security of railway stations and train users. Polsuska officers wear black as their uniform and wear orange berets pulled to the left. Polsuska is trained by but not part of the Indonesian National Police. Polsuska is under the command of the Indonesian Railway Company's Directorate of Safety and Security. [6]

The Commuter Lines which serve Greater Jakarta maintains its own security force which are categorized as security guards, their uniform are light-brown and wear orange vest and are known as (Petugas Keamanan Dalam/PKD). These are not part of Polsuska. [7]

Every railway station in Indonesia also operates several security guards to assist Polsuska in the field of law and order including security. During peak seasons such as during the last days of Ramadan and other national holidays, Polsuska may be assisted by members from the military and police to provide additional security presence within the Indonesian Railways. [8]

Italy

Policing of Italian State Railways ( Ferrovie dello Stato ) is carried out by the Polizia Ferroviaria, a branch of Italy's national police force (Polizia di Stato) operating under the authority of the Minister of the Interior.

Pakistan

Pakistan Railways Police, an agency under the Ministry of Railways, is responsible for guarding trains and passengers in the country. [9]

Russia

The MVD Transport Department protects the rail system in Russia. The police is part of the Ministry of Internal Affairs and is responsible for protecting the railway, checking train quality, and maintaining railway safety in the Russian Federation. [10]

Switzerland

Switzerland never had a separate transport police because all rail employees had limited police authority. However, due to the introduction of trains with no conductors in the late 1990s, crime in trains increased and the Swiss Federal Railways rail company trained Bahnpolizei officers for its driver-only commuter trains.

In 2002 the SBB-CFF-FFS merged its Bahnpolizei force with the private security company Securitas AG and the resulting Securitrans is now a separate security agency protecting railroad infrastructures.

Since 2011, the rail police has been reorganised, and the Transport Police of Switzerland (Transportpolizei) are state employees, with all officers attending two years of police academy training with final certification.

Transportpolizei officers are sworn as officers to the Swiss Confederation, and thus have the same power to arrest as any other cantonal police officers. As their state counterparts, they usually carry a SIG Sauer P225 and pepper sprays as weapons, along with handcuffs for restrain options.

United Kingdom

The British Transport Police protects the rail system in Great Britain, due to the nationalisation of the railways in 1948. Prior to this, individual railways had their own police forces.

United States

History

Allan Pinkerton (left) began the first railroad police in the U.S. at the urging of Abraham Lincoln (center) when the future president was a lawyer for the Illinois Central Railroad. PinkertonLincolnMcClernand.jpg
Allan Pinkerton (left) began the first railroad police in the U.S. 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 U.S. 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 Ohio and Mississippi 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. [11] [12] 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. [13]

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. [14]

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 railroad police officers may have general police 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.

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

Most railroad police agencies are participants in the FBI's Joint Terrorism Task Force. [15]

Railroad police agencies

Private railroad agencies

Private railroad police officers are deputized by individual states. For example, in Massachusetts, railroad and ferry company employees may be appointed as special Massachusetts State Police officers with jurisdiction on company property and vehicles. [16] Federal regulations [17] extend the authority granted by one state to a railroad police officer to all the states in which that railroad has property.

Class I:

Class II and III:

Public rail transit police agencies

An Amtrak Police SUV Amtrak Police SUV.jpg
An Amtrak Police SUV

The Amtrak Police Department has its own authority under federal law; others listed here are created by state authority (possibly delegated to local governments).

Vietnam

Department of Traffic Police, part of Ministry of Public Security, includes a Bureau of Instructing and Organizing Safety of Railway. The Bureau is responsible for protecting the railway, checking train quality and maintaining railway safety. [18]

See also

Related Research Articles

<span class="mw-page-title-main">British Transport Police</span> Police force responsible for railways in England, Wales and Scotland

British Transport Police is a national special police force that polices the railway network of England, Wales and Scotland. The force polices more than 10,000 miles of track and more than 3,000 stations and depots.

<span class="mw-page-title-main">Transit police</span> Law enforcement personnel employed by a transit agency

Transit police are specialized police agencies employed either by a common carrier, such as a transit district, railway, railroad, bus line, or another mass transit provider or municipality, county, district, or state.

<span class="mw-page-title-main">Security police</span> Law enforcement agencies responsible for protecting specific properties

Security police usually describes a law enforcement agency which focuses primarily on providing security and law enforcement services to particular areas or specific properties. They may be employed by governmental, public, or private institutions. Security police are generally considered distinct from security guards as security police personnel typically hold some level of law enforcement authority. The exact powers held by security police vary widely between jurisdictions. Examples of these types of agencies include the U.S. FBI Police, the Indian Central Industrial Security Force, and the British Civil Nuclear Constabulary.

Special police usually describes a police force or unit within a police force whose duties and responsibilities are significantly different from other forces in the same country or from other police in the same force, although there is no consistent international definition. A special constable, in most cases, is not a member of a special police force (SPF); in countries in the Commonwealth of Nations and often elsewhere, a special constable is a voluntary or part-time member of a national or local police force or a person involved in law enforcement who is not a police officer but has some of the powers of a police officer.

<span class="mw-page-title-main">Massachusetts Bay Transportation Authority Police</span> Transit police agency

The Massachusetts Bay Transportation Authority Police is a police force which has primary jurisdiction on Massachusetts Bay Transportation Authority (MBTA) property and vehicles in each of the 177 cities and towns within the MBTA. The department has grown to an authorized strength of 266 officers and 10 civilians. The majority of the MBTA Police Department's efforts are focused on patrol in Boston and surrounding communities, particularly around heavy rail The department patrols and protects the 5 subway lines to include the Silver Line, 13 commuter rail lines, 4 passenger ferry routes, 181 bus routes and The Ride paratransit system in Massachusetts communities.

<span class="mw-page-title-main">Transit Enforcement Unit</span> Special constabulary in Ontario, Canada

The Transit Enforcement Unit is a special constabulary maintained by the Toronto Transit Commission (TTC) in Toronto, Ontario, Canada. First established in 1997, the Unit consists of special constables and provincial offences officers, referred to internally as transit fare inspectors. The unit's special constables have the full powers of a police power on or in relation to TTC property, and, as of 2023, the unit employs 101 special constables out of an authorized complement of 145.

<span class="mw-page-title-main">Metro Vancouver Transit Police</span> Police force for the Metro Vancouver public transit system in Canada

The Metro Vancouver Transit Police (MVTP), previously the Greater Vancouver Transportation Authority Police Service and formally the South Coast British Columbia Transportation Authority Police Service (SCBCTAPS), is the police force for TransLink, the public transit system of the Metro Vancouver region of British Columbia, Canada.

<span class="mw-page-title-main">Canadian Pacific Kansas City Police Service</span> Private railroad police force

The Canadian Pacific Kansas City Police Service, formerly known as Canadian Pacific Police Service (CPPS) is a private railroad police force enforcing safety and policing along Canadian Pacific Kansas City properties and rail lines in Canada and the United States. It includes limited sections of the Milton line of GO Transit in the Greater Toronto Area, which is being secured by its Transit Safety Officers.

<span class="mw-page-title-main">Law enforcement in Canada</span> Overview of law enforcement in Canada

Law enforcement in Canada is the responsibility of police services, special constabularies, and civil law enforcement agencies, which are operated by every level of government, some private and Crown corporations, and First Nations. In contrast to the United States or Mexico, and with the exception of the Unité permanente anticorruption in Quebec and the Organized Crime Agency of British Columbia, there are no organizations dedicated exclusively to the investigation of criminal activity in Canada. Criminal investigations are instead conducted by police services, which maintain specialized criminal investigation units in addition to their mandate for emergency response and general community safety.

<span class="mw-page-title-main">Union Pacific Police Department</span> Private railroad police department of the Union Pacific Railroad

The Union Pacific Police Department (UPPD) is a private railroad police department and the law enforcement agency of the Union Pacific Railroad, headquartered in Omaha, Nebraska. The UPPD is one of seven American Class I railroad law enforcement agencies, alongside those of Amtrak, BNSF, CSX, Canadian National, CPKC, and Norfolk Southern.

Company police, also called private police, are privately paid law enforcement officers who work for private security companies or private military companies rather than a municipal, county, state, or national agency.

<span class="mw-page-title-main">Amtrak Police Department</span> Private railroad police department of Amtrak

The Amtrak Police Department (APD) is a federal railroad police department of Amtrak, the government-owned passenger train system in the United States. It is headquartered at Union Station in Washington, D.C., and as of 2023 has a force of 431 sworn police officers, most of whom are stationed within the Northeast Corridor, Amtrak's busiest route.

<span class="mw-page-title-main">RailCorp Transit Officer</span>

Transit Officers were the security and fare compliance function for RailCorp train services in New South Wales, Australia. Transit Officers conducted uniformed and plainclothes patrols on CityRail and CountryLink train services and assigned to ensure the security of passengers, staff and rail property. The position was created in 2002 after a report found that rail security required more authority than possessed by the Chubb Security security guards contracted by RailCorp. Previous figures showed that over 600 Transit Officers had been engaged, however the number was reduced to 150.

<span class="mw-page-title-main">Law enforcement in Switzerland</span> Overview of law enforcement in Switzerland

Law enforcement in Switzerland is mainly a responsibility of the 26 cantons of Switzerland, who each operate cantonal police agencies. Some cities also operate municipal police agencies as provided for by cantonal law.

Bahnpolizei is the term in Germany, Austria and the German-speaking parts of Switzerland for the Railway police.

<span class="mw-page-title-main">Private police</span> Law enforcement bodies owned and/or controlled by non-governmental entities

Private police or special police are law enforcement bodies that are owned and/or controlled by non-governmental entities. Additionally, the term can refer to an off-duty police officer while working for a private entity, providing security, or otherwise law enforcement-related services. These officers do have power to uphold the laws under the discretion of the private company.

<span class="mw-page-title-main">Airport police</span>

Airport police units are a security police agency assigned to perform law enforcement functions at airports. They provide a wide range of law enforcement duties and responsibilities including patrol, investigation, traffic flow management, and control and response to airport emergencies. Airport police provide enhanced safety to airport employees, and to passengers. Officers can be found at security gates, throughout the terminal area, and around the airport’s perimeter.

<span class="mw-page-title-main">Law enforcement by country</span>

In many countries, particularly those with a federal system of government, there may be several law enforcement agencies, police or police-like organizations, each serving different levels of government and enforcing different subsets of the applicable law.

<span class="mw-page-title-main">Special constable</span> Auxiliary or specialized law enforcement officer

A special constable or special police constable can refer to an auxiliary or part-time law enforcement officer or a person who is granted certain (special) police powers.

<span class="mw-page-title-main">Via Rail Police Service</span>

The VIA Rail Canada Police Service (VRCPS) is the federal railway police service of the Canadian intercity passenger rail operator, VIA Rail Canada Inc.

References

  1. 1 2 Branch, Legislative Services (2 September 2022). "Consolidated federal laws of Canada, Railway Safety Act". laws-lois.justice.gc.ca.
  2. Marquis, Greg (1993). Policing Canada's Century: A History of the Canadian Association of Chiefs of Police . Toronto: University of Toronto Press. pp.  134–135. ISBN   978-0-8020-5020-5.
  3. "重慶鐵路公安摧毀一特大制販假車票團夥" [The Railroad Police from Chongqing Cracked an Underworld of Ticket Fraudulent]. Xinhua News Agency. Archived from the original on 2011-07-23. Retrieved 2007-04-04.
  4. "长铁警方77小时破特大杀人碎尸案" [Changsha Railroad Police Solved Dismemberment Case in 77 hrs]. China National Radio. Retrieved 2011-06-12.
  5. "留公安去法院检察院 铁老大改制低调推进" [Railroad Justice System Reformed in Low Profile]. New Century Magazine. Retrieved 2011-06-15.
  6. Pramesti, Tri Jata Ayu (2015-10-30). "Dasar Hukum, Tugas, Fungsi, dan Peran Polisi Khusus Kereta Api (Polsuska)". hukumonline (in Indonesian). Retrieved 2021-10-19.
  7. Arjawinangun, Komaruddin Bagja (2021-02-11). "Petugas Keamanan Stasiun KRL Jabodetabek Gunakan Seragam Baru Mirip Polisi". iNews (in Indonesian). Retrieved 2021-10-19.
  8. "Pastikan Keamanan Jalur Kereta, Babinsa, Bhabinkamtibmas Dan Polsuska Adakan Pengecekan". tni.mil.id (in Indonesian). 2019-06-10. Retrieved 2021-10-19.
  9. Pakistan Railways Police Act, 1977 and the Rules, 1980, with Delegation of Powers to the Chief Executive and the Inspector General, Applicable to the Civil Servants of Pakistan Railways Police. Ideal. 1988. pp. 1–20.
  10. "Главное управление на транспорте МВД России". Archived from the original on 2019-11-27. Retrieved 2018-10-26.
  11. "Railroad Police History". Carrizo Gorge Railway Police. Retrieved 2007-04-04.
  12. "Saving Mr. Lincoln, 1861-1865". Central Intelligence Agency . Retrieved 2007-04-04.[ dead link ]
  13. Pinkerton, Allen (1878). Strikers, Communists, Tramps and Detectives. New York: G.W. Carleton & Co. pp.  96.
  14. Morn, Frank (1982). The Eye That Never Sleeps: A History of the Pinkerton National Detective Agency. Bloomington, Indiana: Indiana University Press. p. 25. ISBN   978-0-253-32086-5.
  15. "Internation Association of Chiefs of Police, Minneapolis, MN - October 8, 2002". www.fbi.gov. Archived from the original on 2002-10-12.
  16. Massachusetts General Laws [Chapter 22C, Section 51 https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter22C/Section51]
  17. 49 CFR 207
  18. "Thông tin về Cục CSGT || Cục cảnh sát giao thông".