Railroad police: "A Force of One"

Sure they are, Chief included. They get that authorization as police officers.

From MGL C90c,S1: (my bold in both paragraphs)

""Citation'', a notice upon which a police officer shall record an occurrence involving all automobile law violations by the person cited. Each citation shall be numbered consecutively and shall be in such form and such parts as determined jointly by the administrative justice of the district court department and the registrar."


""Police officer'', any officer, other than an investigator or examiner of the transportation division of the department of telecommunications and energy, authorized to make arrests or serve criminal process, any person appointed by the registrar under section 29 of chapter 90, any person appointed by the trustees of the University of Massachusetts under section 32A of chapter 75, any person appointed by the trustees at each of the commonwealth's state and community colleges under section 22 of chapter 15A, and any person appointed by the colonel of state police under section 59 of chapter 22C."

And in Maine, as long as they're a "qualified person" under Title 23, section 6072, they can be appointed by the railroad's chief of police or its chief operating officer. They are then commissioned and sworn in by the Commissioner of Public Safety (Sections 6073 and 6074).
I don't see anything in Maine law that limits their authority in any way. There are thefts, vandalism and just plain trespassing that goes on along the rights of way every day. Add in the motorists who think they're too important to wait for a train to go by, and I think the RR officers will do most of their enforcement activity right within sight of the track.

We are drifting off topic but the definition of police officer in 90c is not material to chapter 90 authority, as I mentioned before the citation books can only be issued by certain chiefs as defined in section 1 and further clarified in section 2.

Chapter 90c Section 1 "Police chief'', the chief or the head of the organized police department of a city or town, the commissioner of public safety, the colonel of state police, the state superintendent of buildings, the chairman of the Massachusetts Department of Transportation, a person appointed by the trustees of the University of Massachusetts as chief of the police officers appointed under section 32A of chapter 75, a person appointed by the trustees at each of the commonwealth's state universities and community colleges as chief of the police officers appointed under section 22 of chapter 15A, persons designated by the commissioner of mental health at each institution of the department of mental health, or by the commissioner of developmental services at each institution of the department of developmental services as the chief of the special police officers appointed under section 59 of chapter 22C, or the chief of the Massachusetts Bay Transportation Authority police department.

Chapter 90c Section 2. Each police chief shall issue citation books to each permanent full-time police officer of his department whose duties may or will include traffic duty or traffic law enforcement, or directing or controlling traffic, and to such other officers as he at his discretion may determine. Each police chief shall obtain a receipt on a form approved by the registrar from such officer to whom a citation book has been issued. Each police chief shall also maintain citation books at police headquarters for the recording of automobile law violations by police officers to whom citation books have not been issued.

Again, in Massachusetts Chapter 90c limits the authority to issue citation books to police chiefs, as defined, and no one else. That is why private college police departments can not issue citations even though they attend full time academies. There are many people who fall under the definition of police officer, but can not be issued citation books. The colonel of the state police appoints the railroad police officers in Massachusetts, but they are not issued citation books. Years ago many agencies received citation books from the RMV in violation of these protocols, however with the racial profiling data collection program the registry began cutting down on the practice.

TPR37777 wrote:We are drifting off topic but the definition of police officer in 90c is not material to chapter 90 authority, as I mentioned before the citation books can only be issued by certain chiefs as defined in section 1 and further clarified in section 2.

Chapter 90c Section 2. Each police chief shall issue citation books to each permanent full-time police officer of his department whose duties may or will include traffic duty or traffic law enforcement, or directing or controlling traffic, and to such other officers as he at his discretion may determine. Each police chief shall obtain a receipt on a form approved by the registrar from such officer to whom a citation book has been issued. Each police chief shall also maintain citation books at police headquarters for the recording of automobile law violations by police officers to whom citation books have not been issued.

Again, in Massachusetts Chapter 90c limits the authority to issue citation books to police chiefs, as defined, and no one else. That is why private college police departments can not issue citations even though they attend full time academies. There are many people who fall under the definition of police officer, but can not be issued citation books. The colonel of the state police appoints the railroad police officers in Massachusetts, but they are not issued citation books. Years ago many agencies received citation books from the RMV in violation of these protocols, however with the racial profiling data collection program the registry began cutting down on the practice.

No, that is simply not the case. In fact, with all due respect, most of your assumptions are false. First of all, you are only partially reading the Chapter. "Citation book eligible" police departments may be within or not within C90c,S1's "Police Chief" definition. Railroad Police have full police authority. Therefore, by virtue of MGL C90c,S1, they should and would be allowed to recieve and use citation books. One must realize that at the time that the Railroad Police laws were written, that their function was primarily watching for non-authorized passengers and riding inside trains in an effort to stop pick-pocketing and prostitution. It is probably for this reason that their Police Chief's position is not included in the MGL C90c,S1 definitions.

Your statement that police officers in private colleges and universities may not issue citations may not be accurate also. In actuality, many have ceased citing, having the municipal authority make out the citation should an arrrest be made for a motor vehicle offense, as required by law. However, my understanding in speaking with university police officers is that this has ocurred not because they weren't eligible for citation books, but instead based upon the wishes of college police department heads to stop the process. It may, as you have suggested, had something to do with demographic reporting and it's record keeping required or even a result of the desire of businesses not wanting to bring bad publicity unto themselves.

Lastly, if you look at MGL C90c,S8, this is what it says; "Nothing in this chapter shall be construed to supersede the powers and duties of the registrar as provided in chapter ninety." What this means is that the Mass Registry of Vehicles has final authority over Mass General Law Chapter 90c, and that anything in MGL C90c may be over-ruled by it. This is the crux of the issue here, as the Registry has made policies regarding various institutions which may not appear as included in the wording of some of MGL C90c's potentially confusing antiquated language. Railroad police department's authority to have the right of issued citation books, if requested, it would appear, has in essence, been clarified by Registry directives to more realistically adapt to modern society, no doubt boosted by Operation Lifesaver. I'm aware that a citation option exists with a Transit Police Officer witnessing an MBTA railroad crossing violation in Brockton, a city where Transit Police have Railroad Police power only. In this instance, the officer would have every right to cite.

I would suggest that if you wish further information that you might contact the chiefs or Directors of a campus or railroad police agency, as well as reading the entire MGL Chapter through. That will be my m/v law class for today. Class dismissed !

3rdrail wrote:I'm aware that a citation option exists with a Transit Police Officer witnessing an MBTA railroad crossing violation in Brockton, a city where Transit Police have Railroad Police power only. In this instance, the officer would have every right to cite.

I would suggest that if you wish further information that you might contact the chiefs or Directors of a campus or railroad police agency, as well as reading the entire MGL Chapter through. That will be my m/v law class for today. Class dismissed !

Chapter 664 of the Acts of 1968 conferred upon the MBTA Police full police powers within all of the cities and towns that are serviced by the MBTA, and they are specifically listed in Chapter 90c s1 as noted above which is why they have Chapter 90 authority as their chief can issue citation books. Your statement that they only have railroad police powers in Brockton is balled up, as Brockton is within their service area and therefore the railroad police limitations of Chapter 159 s93 do not apply. Seriously Mr. Joyce, do you think I am just pulling this out of my behind? I deal with this every day. Chapter 90c s8 is there to protect against conflicts that arise when chapters are amended by the legislature, and such entries appear throughout the general laws of every state. It does not provide for the registrar to overrule anything. I don't know how many ways I can tell you that the B&M Railroad Police do not have the authority to issue motor vehicle citations in Masssachusetts, nor do the police departments of private colleges and universities unless they are sworn in as special police officers within the communities in which their facilities exist. If you don't believe me pick up the phone and make a phone call, you must have the connections. I will forgive your condescension as I like you, and to MEC407 my apologies for fouling up your forum.

3rd rail, thanks for pointing out the difference. I looked at the photo again. It is almost impossible to tell what the patrolmans patch is. The badge is different but that is probably a rank thing. I figured the patrolman was from Skowhegan PD. But the paper never said.

Mike

The dateline on the article says Fairfield, of which Hinckley is a part. The patches look similar, and I'm pretty sure that's not a Fairfield PD patch on the passenger officer's jacket.

About time they got more than one officer for the whole state of Maine. Y'know those sayings about "one-armed paperhangers," etc.?

TPR37777 wrote: and to MEC407 my apologies for fouling up your forum.

No apology necessary. As long as everyone plays nice and keeps the discussion as closely related to PAR's police department as possible, we'll be in good shape.

While we're on the subject, I'd just like to say I'm loving their new patches with the B&M minuteman. The previous patches featured the G logo, which was sort of cool in its own way, but nothing beats the minuteman. I'm surprised that they aren't using the Pan Am globe... but as I was mentioning to another member recently, you simply cannot predict anything this company does anymore. They've become the epitome of of unpredictable.

MEC407 wrote:you simply cannot predict anything this company does anymore. They've become the epitome of of unpredictable.

so they are predictable in their unpredictability ? or they are predictably unpredictable

Both?

Hang in their, buds. My friend is on the Maine Legislature. I'm going to send him a wire asking him. He's the source. TPR- please don't feel as if am being condensending. I'm not. If my rhetoric appears strong, it's only that I'm concerned that what I believe is mis-information, may have the effect of weakening crossing safety initiatives. I like you also and have always enjoyed your well-written and informative posts. I'll let you know either way when I get a response from the Maine Legislator.

OK folks, here it is - "direct from the horses mouth" so to speak. This quote is from a gentleman who is a sworn member of the 125th Legislature of the Maine House.

Hi Paul.
The controlling body of law is the "Maine State Railroad Police Act" MRSA title 23 chap 609.
RR police officers are appointed by the Commissioner of Public Safety with full police authority; however sec 6075 acts to limit that authority to crimes that affect the railroads's "interest".
I would venture an opinion that any criminal/traffic conduct that violates the "plane" of RR property would be eligible for enforcement action.
Drunk driving across a crossing or through a yard or right of way. Failure to obey crossing signals etc.
It would suggest that the RR officer's report would have to "connect" the violation to a theory where it "breached" the interest of the railroad.
Maine recognizes reciprocity on RR police authority with other states.
Never ask a lawyer for a short answer LOL!!

Here is the aforementioned Maine Revised Statute Title 23, Chapter 609, otherwise known as the "Maine State Railroad Police Act". I urge the reader to pay particular attention to Section 6075 titled "Powers" within this Act.

http://www.mainelegislature.org/legis/s ... 3ch609.pdf

I can't do any better than this, buddy !

Wait, was the debate over whether the B&M police could issue tickets in Maine, or in Massachusetts?

3rdrail, you've mentioned your time on the Portland force in another thread as well. Were you here when Media Mike took over the force, or was your tenure just under Frank Amoroso (who I only mention to prove that someone remembers who Portland's chief was before Chitwood)?

markhb wrote:Wait, was the debate over whether the B&M police could issue tickets in Maine, or in Massachusetts?

3rdrail, you've mentioned your time on the Portland force in another thread as well. Were you here when Media Mike took over the force, or was your tenure just under Frank Amoroso (who I only mention to prove that someone remembers who Portland's chief was before Chitwood)?

There was an opinion made where the poster believed that Massachusetts RR Police couldn't cite and was surprised that Maine RR Police could. Both can. (Maine gets it's authority through Title 23,C609,S6075, and Mass gets it's authority through the definitions in MGL C90c,S1 and C90c,S8.) Chief Amoroso was my boss during my time there. ('77-'81) A great Chief.

markhb wrote:Wait, was the debate over whether the B&M police could issue tickets in Maine, or in Massachusetts?

I was speaking of their authority in Massachusetts only, not Maine. The powers vary from state to state in accordance with statute. I know for many of you this is boring, but in regards to the law there are many peculiarities that arise over hundreds of years of legislation, one of which is that in Massachusetts a police officer might have the right to stop a vehicle for an infraction but not the authority to possess the ticket book necessary to issue a citation. If any of you are really bored, read this case where the court found a deputy sheriff had the right to stop a vehicle in which the operator was intoxicated, but not the authority to arrest him for it:

http://caselaw.findlaw.com/ma-court-of- ... 02798.html

If you look down at the bottom, you will notice in the fifth footnote the court points out that the law does not authorize sheriffs to issue citation books, only police chiefs as defined by chapter 90c. Years ago the RMV handed out citation books to anyone who walked in wearing a uniform, but today with the incredible scrutiny paid to racial profiling they adhere strictly to the law. I have bumped into the B&M Police many times over my career, but never on a traffic stop. As for their uniform patch, MEC407 did they change it and then go back again? It seems to be the same minuteman logo now that they wore a decade ago when I used to work in the Billerica, MA area and saw them quite frequently.