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49 U.S.C. § 28101Rail police officers

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 511 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets a state-certified rail police officer employed by a railroad enforce local laws on railroad property, to protect employees, passengers, property, and defense-related freight. Officers can be temporarily loaned to another railroad, and must get certified in a new state within a year of moving there.

(a) In General. Under regulations the Secretary of Transportation sets, a rail police officer who works for or is contracted by a rail carrier, and who is certified or commissioned as a police officer under a state's laws, may enforce the laws of any place where that rail carrier owns property — to the same extent as a police officer certified or commissioned under that place's own laws — to protect: (1) employees, passengers, or patrons of the rail carrier; (2) property, equipment, and facilities the rail carrier owns, leases, operates, or maintains; (3) property moving in interstate or foreign commerce that the rail carrier possesses; and (4) personnel, equipment, and material moving by rail that are vital to national defense. (b) Assignment. A rail police officer directly employed by or contracted by one rail carrier, and certified or commissioned under a state's laws, may be temporarily assigned to help a second rail carrier with law enforcement duties if that second carrier asks. While assigned, the officer is considered an employee or agent of the second carrier and may enforce the laws of any jurisdiction where the second carrier owns property, to the same extent described in (a). (c) Transfers. (1) If a certified or commissioned rail police officer transfers their main job or home from the state that certified or commissioned them to another state or jurisdiction, the officer must apply, within 1 year of the transfer, to be certified or commissioned as a police officer under the new state's laws. (2) During the year between the transfer and that deadline, the officer may still enforce the laws of the new jurisdiction where they reside, to the same extent described in (a). (d) Training. (1) A state may recognize, as meeting its own basic police certification or commissioning requirements for rail police officers, anyone who completed a program at a state-recognized police training academy in another state, or at a federal law enforcement training center, and who is certified or commissioned as a police officer by that other state. (2) This does not override or affect any state's own training requirements related to criminal law, criminal procedure, motor vehicle law, any other state law, or state-mandated ongoing in-service training.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

Under regulations prescribed by the Secretary of Transportation, a rail police officer who is directly employed by or contracted by a rail carrier and certified or commissioned as a police officer under the laws of a State may enforce the laws of any jurisdiction in which the rail carrier owns property, to the extent of the authority of a police officer certified or commissioned under the laws of that jurisdiction, to protect—

(1)

employees, passengers, or patrons of the rail carrier;

(2)

property, equipment, and facilities owned, leased, operated, or maintained by the rail carrier;

(3)

property moving in interstate or foreign commerce in the possession of the rail carrier; and

(4)

personnel, equipment, and material moving by rail that are vital to the national defense.

(b)Assignment.—

A railroad police officer directly employed by or contracted by a railroad carrier and certified or commissioned as a police officer under the laws of a State may be temporarily assigned to assist a second railroad carrier in carrying out law enforcement duties upon the request of the second railroad carrier, at which time the police officer shall be considered to be an employee or agent, as applicable, of the second railroad carrier and shall have authority to enforce the laws of any jurisdiction in which the second railroad carrier owns property to the same extent as provided in subsection (a).

(c)Transfers.—
(1)In general.—

If a railroad police officer directly employed by or contracted by a rail carrier and certified or commissioned as a police officer under the laws of a State transfers primary employment or residence from the certifying or commissioning State to another State or jurisdiction, the railroad police officer, not later than 1 year after the date of transfer, shall apply to be certified or commissioned as a police office 1 under the laws of the State of new primary employment or residence.

(2)Interim period.—

During the period beginning on the date of transfer and ending 1 year after the date of transfer, a railroad police officer directly employed by or contracted by a rail carrier and certified or commissioned as a police officer under the laws of a State may enforce the laws of the new jurisdiction in which the railroad police officer resides, to the same extent as provided in subsection (a).

(d)Training.—
(1)In general.—

A State may recognize as meeting that State’s basic police officer certification or commissioning requirements for qualification as a rail police officer under this section any individual who successfully completes a program at a State-recognized police training academy in another State or at a Federal law enforcement training center and who is certified or commissioned as a police officer by that other State.

(2)Rule of construction.—

Nothing in this subsection shall be construed as superseding or affecting any State training requirements related to criminal law, criminal procedure, motor vehicle code, any other State law, or State-mandated comparative or annual in-service training academy or Federal law enforcement training center.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 939, § 26101; renumbered § 28101, Pub. L. 103–440, title I, § 103(a)(1), Nov. 2, 1994, 108 Stat. 4616; amended Pub. L. 110–53, title XV, § 1526(a), Aug. 3, 2007, 121 Stat. 452; Pub. L. 114–94, div. A, title XI, § 11412(a), Dec. 4, 2015, 129 Stat. 1687.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 939
  • 1994Amended · Pub. L. 103-440 · 108 Stat. 4616
  • 2007Amended · Pub. L. 110-53 · 121 Stat. 452
  • 2015Amended · Pub. L. 114-94 · 129 Stat. 1687

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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