I was researching the light rail in Baltimore and came across two videos of a man confronted by police for taking pictures of the MTA. They are Detained for photography in Baltimore, part 1 and part 2. Many of us, railfans, have had our share of contact for taking pictures of trains. The nature of that contact depends a lot on us and the person doing the contacting. I wonder is the person was contacted by an employee of the MTA first, before they called the police. Even so, both sides did not handle the situation well. The police were wrong because picture taking was not illegal. MTA has a policy, which is published on their website, that allows for picture taking as long as it does not distract and is for non commercial use. As to legality of photography see The The Photographer's Rights. As to the Patriot Act and Picture taking see What the PATRIOT Act Means to Photographers.
I have never been contacted by the police, even railroad security. I can remember five times when I was contacted by Railroad employees, for taking pictures. I was in Roanoke, Virginia. I was looking at the yard from the high advantage of the yard office parking lot. I may have taken one or two pictures. A man walked up and introduced me as the yard master. He may have asked me what I was doing, but than asked me to put the camera away. No pictures were allowed. I than asked, did he want me to leave. He said no. I put the camera away and we talked a bit more. Not about my presence but other things of railroad topics.
I was in Boston, and two MBTA employees contacted me. The first, only, asked me where I was going. I had come off the Red Line and was simply watching with my camera around my neck. I told him I was going down the trolley line, I was just changing batteries in my camera. Nothing else was said. Down the trolley line, an operator told me I could not take pictures. I did not question it and went on my way. The MBTA has a policy, which is published on their website, that allows for picture taking as long as it does not distract and is for non commercial use. At Lechmere Station, I asked the security if I could take pictures. He said there was a policy of no, but that was to protect against terrorism. He said that I did look like a terrorist and it was OK, for me, to take pictures.
I was taking pictures at the south end of Acca Yard in Richmond, VA. I was confronted by the yard master. I was just inside of railroad property, by about 10 feet. I was asked to leave the railroad property. This was one case when I did not handle the situation well. He first asked where was I parked. I wasn't parked on RR property and told him that. I waited for him to ask me to leave. At that point I should have asked if I was on railroad property. If yes, I should have ask if he wanted me to leave.
My last encounter involved me being on public property. I was watching and videoing train operations at a paper mill. I was near the gate but not in front of the gate. The first contact was with the security for the paper mill. I simply explained that I was watching the train. I asked if I was on the companies property and she said no. Than I asked if she wanted me to leave and she said, no. She was just wanting to know, just in case and she smiled and bid me good day and to have fun. A few minutes, later, a pick-up stopped and the man introduced himself as with the railroad. I told him that I was taking pictures of his train and asked if he wanted me to leave. He not only said no but told me of some good places to watch his train movements.
Since 9/11, railroads are a bit nervous. I have never had the patriot act invoked. They have mention the nervousness over 9/11. It is better to stay on public property such as a RR crossing and on on a sidewalk. Even here, do not obstruct traffic. A parking lot for a shopping center will be safe, as well. If on private or railroad property, when ask, say that you are taking pictures of trains and ask if they want you to leave. Do not confront, but quietly leave when asked, there will be another good place to get that good picture or video. If possible, ask for permission, first. You might be surprised and be allowed access to RR property. If you are watching public transportation, such as Amtrak or light rail or subway, know their policy, concerning picture taking.
One last bit of advise. Regardless of what you understand is right, ask before doing. First it shows respect and second it reduces the suspicious nature of your behavior. Who knows, they may tell you good places to watch trains. Asking does two things.
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