Railroad police orrailway police are people responsible for the protection ofrailroad (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.
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 likesecurity guards. Some are also given extensive additional authority, while those in other jurisdictions are more restricted. In theUnited States andCanada, railroad police are employed by the majorClass I railroads, as well as some smaller ones. In other countries, this work is typically done byterritorial police forces rather than specialized agencies. In theUnited Kingdom, railways fall under the jurisdiction of theBritish Transport Police, a nationaltransit police force that is responsible for policing all railways and some public transit systems in Britain.
The Brazilian's Federal Railroad Police was created in 1852 by decree of the emperorDom Pedro II, making it the oldest police agency in Brazil. There are[when?] some proposals in theBrazilian Senate to reactivate this police agency, as it is considered important to national security.
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] TheCanadian Pacific Railway initially relied on theDominion Police, and later theNorth-West Mounted Police during construction of thetranscontinental railroad, but by the later 1880s were employing their own police.
The large numbers ofnavvies 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 theChinese Immigration Act of 1885. The Special Service was dissolved in 1904, following a scandal involving the business practices of a CPR Labour Department agent inMontreal, but was resurrected in 1913 as the railway's Department of Investigation.[2]
TheCanadian Pacific Police Service,Canadian National Police Service, andVIA Rail Canada Police Service are the only federal railway police services operating in Canada. Police officers for the railways are federally sworn under theRailway 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.
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Other large Canadian transit networks use security officers appointed asspecial constables or peace officers. As special constables, they typically have full police powers when working on transit property to enforce theCriminal Code of Canada, as well as respectivebylaws. While they carry some police equipment, such as a protective vest, baton, handcuffs andpepper spray, they do not carry a firearm. These officers assist local jurisdiction's police officers in investigations of illegal activity on the transit system.
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The governing body of almost all railroad operations—the ChineseMinistry 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 theMinistry 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.
Bahnschutzpolizei was the railroad police ofNazi Germany. It was tasked with railway safety and also with preventing espionage and sabotage of railway property. It was not subordinated toHauptamt Ordnungspolizei, only theDeutsche Reichsbahn.
Bahnpolizei was the name of the former Railway police ofWest Germany and fell under the jurisdiction of theDeutsche 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 theBundesgrenzschutz which resulted in the merger of theBahnpolizei into the Federal Border Guard Force. The BGS had already taken on these duties in 1990 for the territory of the formerEast Germany, replacing the former East GermanTransportpolizei. TheBundesgrenzschutz was then renamed theBundespolizei (Federal Police) on July 1, 2005, and this force is currently responsible for security and passenger checks on the German railway system.
The protection ofIndian Railways is carried out by theRailway Protection Force and theGovernment Railway Police.The Mission of the Railway Protection Force includes to protect and safeguard railway passengers, passenger area and railway propertyand also to ensure the safety, security and boost the confidence of the traveling public in the Indian Railways.
Polsuska (Indonesian:Polisi KhususKeretaApi or Railroad Special Police) is alaw enforcement unit under the auspices of theIndonesian 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 theIndonesian railways as a partner of thenational police. Polsuska has the responsibilities relating to law and order including security ofrailway stations and train users. Polsuska officers wear black as their uniform and wearorangeberets pulled to the left. Polsuska is trained by but not part of theIndonesian National Police. Polsuska is under the command of theIndonesian Railway Company's Directorate of Safety and Security.[6]
TheCommuter Lines which serveGreater Jakarta maintains its own security force which are categorized assecurity 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 inIndonesia also operates severalsecurity guards to assist Polsuska in the field of law and order including security. During peak seasons such as during the last days ofRamadan and other national holidays, Polsuska may be assisted by members from themilitary andpolice to provide additional security presence within theIndonesian Railways.[8]
Policing of Italian State Railways (Ferrovie dello Stato) is carried out by thePolizia Ferroviaria, a branch ofItaly's national police force (Polizia di Stato) operating under the authority of theMinister of the Interior.
Pakistan Railways Police, an agency under theMinistry of Railways, is responsible for guarding trains and passengers in the country.[9]
The MVD Transport Department protects the rail system inRussia. The police is part of theMinistry of Internal Affairs and is responsible for protecting the railway, checking train quality, and maintaining railway safety in the Russian Federation.[10]
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 theSwiss Federal Railways rail company trainedBahnpolizei officers for its driver-only commuter trains.
In 2002 the SBB-CFF-FFS merged itsBahnpolizei force with the private security companySecuritas 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 theSwiss Confederation, and thus have the same power to arrest as any othercantonal police officers. As their state counterparts, they usually carry aSIG Sauer P225 andpepper sprays as weapons, along withhandcuffs for restrain options.
TheBritish Transport Police protects the rail system inGreat Britain, due to the nationalisation of the railways in 1948. Prior to this, individual railways had their own police forces.
The history of railroad police in the United States traces back to the beginnings of thePinkerton National Detective Agency. In the mid nineteenth century, the number ofU.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 metGeorge B. McClellan, the president of theOhio and Mississippi Railroad andIllinois 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 ownpolice departments in the years following theCivil War.[11][12] After the founding of theBrotherhood 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]
Railroad police are certified law enforcement officers responsible for protecting railroad property, cargo, and employees, and they often work in partnership with local, state, and federal law enforcement. However, critics argue that the broad powers of railroad police, combined with a lack of public accountability, create significant potential for conflicts of interest.[15]
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."[16]
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".[17] 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.[18]
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 railroadright-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.[18]
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.[19]
Some of the crimes railroad police investigate includetrespassing on theright-of-way of a railroad,assaults against passengers,terrorism threats targeting the railroad,arson, tagging ofgraffiti on railroadrolling stock or buildings, signal vandalism,pickpocketing, ticketfraud,robbery, and theft of personal belongings,baggage, orfreight. Other incidents railroad police investigate includederailments, train/vehicle collisions, vehicle accidents on the right of way, and hazardous materials releases.[18]
Most railroad police agencies are participants in theFBI'sJoint Terrorism Task Force.[20]
Private railroad police officers are deputized by individual states. For example, in Massachusetts, railroad and ferry company employees may be appointed as specialMassachusetts State Police officers with jurisdiction on company property and vehicles.[21] Federal regulations[22] 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:
TheAmtrak Police Department has its own authority under federal law; others listed here are created by state authority (possibly delegated to local governments).
Department of Traffic Police, part ofMinistry 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.[23]
