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New Jersey Railroad Law Enforcement Guide

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NEW JERSEY RAILROAD LAW ENFORCEMENT GUIDE R R FOR RESPONSE TO RAILROAD INCIDENTS Dedicated to all law enforcement who served, are serving and will serve in the future. 1 JURISDICTION AND AUTHORITY Under 49 US Code § 28101 Federal Government defines the jurisdiction of railroad police officers and allows each state to control jurisdictional authority. In the State of New Jersey (N.J.S.A. 48:3-38) railroad police officers carry the title of “Special Agent”. Railroad Special Agents are commissioned by the State of New Jersey through the Governor’s Office and enjoy the privileges of full law enforcement authority. DISCLAIMER This Law Enforcement Guide is intended to assist New Jersey Law Enforcement personnel when investigating railroad-related crimes, answering calls for service or conducting motor vehicle investigations on railroad property. While the statutes listed here are intended as reference material, this compendium does not include all applicable law. Additional statutes and local ordinances may be relevant in an enforcement action. Consult your Agency legal advisor or local prosecutor. Do not change any departmental policy or procedure based on this reference material without the review and approval of your legal advisor. This document is for reference only and does not constitute legal advice. The author and contributing entities make no claim as to the accuracy, completeness or adequacy of this guide and expressly disclaim liability for errors or omission in the content. Copyright © 2018 by New Jersey Operation Lifesaver. All rights reserved. 2 Police work is inherently dangerous on any given day, the addition of working on or along any railroad makes that danger greater. Please be aware of your surroundings on tracks, trestles, bridges, tunnels and all railroad property. Trains are powerful. Trains are quiet. Trains move in any direction, on any track, at any time. Prior to working on or along any railroad, exhaust all efforts to contact and notify the railroad of your activities. Locate the Emergency Notification Sign, displayed on posts at railroad crossings, for the operating railroad’s contact information and unique six digit number with one letter, pinpointing your location. Do not go on the property until you have confirmed train traffic has been halted. Make sure all personnel are accounted for and off the property before trains are released to operate. Additional safety tips and information can be found on the Operation Lifesaver, Inc. website at www.oli.org. The New Jersey Railroad Law Enforcement Guide is available in PDF format on the New Jersey Operation Lifesaver website at community.oli.org/state/nj. For additional safety resources, please visit the Federal Railroad Administration (FRA) website at www.fra.dot.gov. 3 TABLE OF CONTENTS Welcome Note . 6 Norfolk Southern Police Special Agent, Thomas J. Jedic Railroad Company Emergency Numbers . 8 Criminal/Offenses . 10 Illegal Dumping . 10 N.J.S.A. 13:1E-9.3 N.J.S.A. 13:1E-9.4 Interference with Transportation . 11 N.J.S.A. 2C:33-14a (1) - (7) Criminal Mischief . 12 N.J.S.A. 2C:17-3a (1)(2) N.J.S.A. 2C:17-3b (1)(2) N.J.S.A. 2C:17-3d (1)(2) Trespassing . 14 N.J.S.A. 2C:18-3 N.J.S.A. 48:12-152 Burglary . 15 N.J.S.A. 2C:18-2 Theft . 16 N.J.S.A. 2C:20-2 N.J.S.A. 2C:20-3 N.J.S.A. 2C:20-6 Receiving Stolen Property . 19 N.J.S.A. 2C:20-7 4 TABLE OF CONTENTS Motor Vehicle . 20 New Jersey Railroad Train and Motor Vehicle Definitions . 20 N.J.S.A. 39:1-1 Investigating Alcohol/Drug Related Incidents . 20 Obstruction of Traffic . 21 N.J.S.A. 39:4-94 Unlawful Acts . 21 Snowmobile/ATV N.J.S.A. 39:3C-19 (f) Abandonment of Motor Vehicles . 22 N.J.S.A. 39:4-56.6 Railroad Crossing Compliance . 22 N.J.S.A. 39:4-127.1 Vehicles Required to Stop at Railroad Grade Crossings . 23 N.J.S.A. 39:4-128 N.J.S.A. 39:4-128.11 N.J.S.A. 39:1-1 Obeying Traffic Control Devices . 28 N.J.S.A. 39:4-81 Parking within 50 ft. of the Nearest Railroad Crossing . 28 N.J.S.A. 39:4-138 j Grade Crossing Collision Checklist . 29 Emergency Notification Sign . 30 Know Your Signs & Signals . 30 CHEMTREC . 34 AskRail® Mobile Application . 34 Common Railroad Cars. 35 5 to the New Jersey Railroad Law Enforcement Guide, a Welcome compilation of information provided by railroad professionals to protect your safety while working on, along or near any railroad tracks. The following tips are critical to safety and should always be remembered: • NEVER walk on or near any railroad tracks while conducting your job. Despite their size, trains have been designed to move quickly and quietly along the tracks, offering little to no warning of their approach. • An optical illusion makes trains appear to be farther away and slower moving than they actually are. The average freight train hauling 6,000 tons and traveling at 55 MPH will need, at a minimum, one mile in length to stop. It can take the length of 18 football fields to stop a train. • Trains operate at any time, in any direction on any track. Unlike vehicular traffic control, trains work on efficiency and will travel on the most feasible route. • Become familiar with all local railroads and who dispatches the trains in your community and any community that may request mutual aid or back up. The name on the railcar does not necessarily indicate the owner of the railroad. Through mutual agreements, privately owned rail lines will operate on competing tracks and trains carrying passengers often run on the same rail as freight trains. A list of contact information for rail lines in New Jersey is provided on pages 8 and 9 for your convenience. When in doubt, use the contact information for the Federal Railroad Administration (FRA) to confirm dispatcher information. 6 • Before sending any personnel to an on-track or rail related incident, first contact the dispatcher to ensure all train traffic has been halted. Once confirmed, it is still imperative to post personnel along the rail line to watch for and alert others of any unexpected train activity. • It is in your best interest to get to know and visit areas served by your local railroads. Be prepared and scope out possible points of entry in case of an emergency or derailment. Look for areas to adequately stage emergency vehicles without creating a bottleneck, ensuring ingress and egress can be accomplished. Visit New Jersey Operation Lifesaver at community.oli.org/state/nj and connect with a NJ State Representative to arrange training and establish a direct connection with the railroad police agency responsible for the railroad in your community. Partnering with people who share a common interest in serving the public will allow first responders to act more efficiently when there is an incident involving the railroad and ultimately provide a safer environment for everyone. Stay safe and thank you for your service. Thomas J. Jedic Special Agent Norfolk Southern Railway Police-New Jersey Board Member New Jersey Operation Lifesaver 7 RAILROAD COMPANY INFORMATION RAILROAD PHONE Amtrak 800-331-0008 Belvidere & Delaware River Railway 908-782-1611 Black River & Western Railroad 908-782-9600 Bound Brook & Raritan River Railroad 908-782-9600 Cape May Seashore Lines 609-602-1264 Consolidated Rail Corp. 856-231-2261 CSX Transportation 800-232-0144 Delaware River Port Authority 856-963-7995 Dover & Rockaway River Railroad 908-782-1611 East Jersey Railroad & Terminal Co. 201-437-2200 Hainesport Industrial Railroad 609-261-8036 Morristown & Erie Railway, Inc. 973-267-4300 New Jersey & Northern Railway 617-243-0137 New Jersey Rail Carriers, LLC 973-344-2200 New Jersey Seashore Lines 609-602-1264 8 RAILROAD COMPANY INFORMATION RAILROAD PHONE New Jersey Transit Police Department 973-378-6565 New York & Greenwood Lake Railway 973-743-5300 New York New Jersey Rail, LLC 201-433-0360 New York, Susquehanna & Western 607-547-2555 Norfolk Southern Railway 800-453-2530 Port Authority of NY & NJ Police Dept. 201-239-3500 Port Authority Transit Corporation 856-772-6900 Port Jersey Railroad 201-434-8373 Raritan Central Railway 732-417-0222 SGS Petroleum Service Corporation 225-343-8262 SMS Rail Services, Inc. 856-467-4800 Southern Railroad of New Jersey 609-567-4190 Winchester & Western Railroad Co. 304-596-2680 CHEMTREC Please see page 34 for additional information. 800-424-9300 9 CRIMINAL/OFFENSES Illegal Dumping N.J.S.A. 13:1E-9.3 Disposal, Transportation of Solid Waste; Authorization c. No person shall, regardless of intent, cause, engage in or be permitted to engage in, the disposal of any amount of solid waste on real property subject to the use, control or ownership of a railroad company, unless such disposal is expressly authorized by the railroad company and approved by the Department of Environmental Protection. N.J.S.A. 13:1E-9.4 Penalties f. A person convicted of a violation of the provisions of subsection c. of section 2 of P.L.1989, c.118 (C. 13:1E-9.3) shall be liable to the railroad company in the amount of three times the damages caused directly or indirectly by the unlawful disposal together with three times the costs associated with the cleanup of the real property upon which the violation occurred, including, but not limited to, all attorney’s fees and costs which the railroad company may reasonably expend in a civil suit brought in a court of competent jurisdiction to collect the sums imposed by this subsection.
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