Pretentious Snobby Bastard Fly Fishing!

Fly Fishing Reports => Local Trip Reports => Topic started by: Woolly Bugger on September 14, 2021, 21:32:37 PM

Poll
Question: Do you know first hand of anyone being ticketed for trespass on railroad tracks?
Option 1: Yes votes: 1
Option 2: No votes: 15
Option 3: Warning only votes: 2
Title: Railroad Trespassing...
Post by: Woolly Bugger on September 14, 2021, 21:32:37 PM
Doug said he ran into some railroad bulls who warned him about trespassing on the tracks...



§ 18.2-159. Trespassing on railroad track.
Any person who goes upon the track of a railroad other than to pass over such road at a public or private crossing, or who willfully rides, drives or leads any animal or contrives for any animal to go on such track except to cross as aforesaid, without the consent of the railroad company or person operating such road, shall be guilty of a Class 4 misdemeanor. A second violation of the provisions of this section occurring within two years of the first violation shall be punishable as a Class 3 misdemeanor. A third or subsequent violation of the provisions of this section occurring within two years of a second or a subsequent violation shall be punishable as a Class 1 misdemeanor. This section shall not apply to any section of track which has been legally abandoned pursuant to an order of a federal or state agency having jurisdiction over the track and is not being used for railroad service.

For purposes of this section, track shall mean the rail, ties, and ballast of the railroad.

Code 1950, § 18.1-148; 1960, c. 358; 1975, cc. 14, 15; 1993, c. 845.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.




Trespassing Crimes Related to Transportation

VA Code 18.6-160 considers trespass on a train as a Class 4 misdemeanor punishable with a $250 fine. Trespassing other public transport systems is also unlawful (Class 4 misdemeanor) under VA Code 18.2-160.2. Your case may be treated as a Class 4 misdemeanor for trespassing on a railroad.

https://www.virginiacriminallawfirm.com/practice-areas/property-crimes/trespassing

https://railroads.dot.gov/sites/fra.dot.gov/files/fra_net/1576/compilationofstatelaws2009.pdf
Title: Re: Railroad Trespassing...
Post by: Trout Maharishi on September 14, 2021, 21:50:40 PM
I'll post bail for you if you get caught. They probably thought Doug was some homeless guy waiting to hop a train out of town.  :drum
Title: Re: Railroad Trespassing...
Post by: jwgnc on September 14, 2021, 22:11:29 PM
My brother and I got caught playing on the railroad right of way and had to go to juvenile court.  I was fined 35¢ when I was 7 years old.   My allowance was 7¢ a week (a penny per year of age) so it took me 5 weeks to pay it off.  No penny candy for 5 weeks!

For those of you who may be too young to know, ¢ is the cents symbol, and the corner stores used to sell an array of candies for 1¢ each.

candy_buttons.jpg
Title: Re: Railroad Trespassing...
Post by: Trout Maharishi on September 14, 2021, 22:32:00 PM
Quote from: jwgnc on September 14, 2021, 22:11:29 PMMy brother and I got caught playing on the railroad right of way and had to go to juvenile court.  I was fined 35¢ when I was 7 years old.   My allowance was 7¢ a week (a penny per year of age) so it took me 5 weeks to pay it off.  No penny candy for 5 weeks!

For those of you who may be too young to know, ¢ is the cents symbol, and the corner stores used to sell an array of candies for 1¢ each.

candy_buttons.jpg

Brutal :P Some of that candy was actually 2 for 1 cent.
Title: Re: Railroad Trespassing...
Post by: The Dude on September 15, 2021, 07:08:30 AM
Quote from: jwgnc on September 14, 2021, 22:11:29 PMMy brother and I got caught playing on the railroad right of way and had to go to juvenile court.  I was fined 35¢ when I was 7 years old.   My allowance was 7¢ a week (a penny per year of age) so it took me 5 weeks to pay it off.  No penny candy for 5 weeks!

For those of you who may be too young to know, ¢ is the cents symbol, and the corner stores used to sell an array of candies for 1¢ each.

candy_buttons.jpg

I think I had that at a Phish concert one time back in the 90s
Title: Re: Railroad Trespassing...
Post by: Trout Maharishi on September 15, 2021, 07:15:16 AM
Quote from: The Dude on September 15, 2021, 07:08:30 AM
Quote from: jwgnc on September 14, 2021, 22:11:29 PMMy brother and I got caught playing on the railroad right of way and had to go to juvenile court.  I was fined 35¢ when I was 7 years old.   My allowance was 7¢ a week (a penny per year of age) so it took me 5 weeks to pay it off.  No penny candy for 5 weeks!

For those of you who may be too young to know, ¢ is the cents symbol, and the corner stores used to sell an array of candies for 1¢ each.

candy_buttons.jpg



I think I had that at a Phish concert one time back in the 90s

I ate both sheets <-;:
Title: Re: Railroad Trespassing...
Post by: benben reincarnated on September 15, 2021, 09:37:19 AM
Definitely known of people getting warned, but none actually ticketed.
Title: Re: Railroad Trespassing...
Post by: streamereater_101691 on September 15, 2021, 09:49:23 AM
The only reason I know anything about this subject is my college roommate was killed by a train in 2015 in Pennsylvania. Trespassing law is in place to protect the railroad of possible criminal charges resulting in carelessness, injury, or death. The laws are also in place to deter civil lawsuits against the railroad. After his death, the family quickly found out that it is nearly impossible to win a case against the railroad, but they did receive some funeral expense help from norfolk southern. I'm not sure if that was a customary thing or only under the circumstances.
Title: Re: Railroad Trespassing...
Post by: Woolly Bugger on September 15, 2021, 10:38:31 AM
359342FA-3B2F-4DFE-833F-9DBE11F48C9C.png

This happened in Winston Salem a few years back

https://journalnow.com/news/local/five-people-stood-on-railroad-bridge-to-look-at-salem-lake-before-a-train-strikes/article_03a6e1de-4998-5566-abf5-bfa112873dfa.html
Title: Re: Railroad Trespassing...
Post by: creakycane on September 15, 2021, 11:44:39 AM
Doesn't surprise me given the increased traffic in the spot advertised.
There was a flurry of similar warnings back 15 or more years ago when it was special regs and a few articles appeared,  and like now, started getting considerable foot traffic.  Since then, until the pandemic, there wasn't the activity to worry about.  I rarely saw another person in those years.  I can see now, when there are small groups walking the tracks, that they are more concerned.
Title: Re: Railroad Trespassing...
Post by: Woolly Bugger on September 15, 2021, 12:03:44 PM
poll edited to add Warning and you can change your vote... <-;:
Title: Re: Railroad Trespassing...
Post by: Big J on September 15, 2021, 12:18:33 PM
Just google James River Trestle Riverside Park  :o
Title: Re: Railroad Trespassing...
Post by: Dee-Vo on September 15, 2021, 17:32:45 PM
Had a hell of a scary incident while crawling across the mouth of the Ararat via railroad when I was younger. I swear those ties get further and further apart as you go.  p;-