Illegal to fly over a "federal railroad" ???

[RedBaron2]

Yesterday, a western railroad employee ordered me to land immediately. He claimed that I violated federal law by flying over a "federal railroad". No national parks, airports, crowds or secure areas were involved. I complied immediately.
Once I landed my drone, I asked the employee for clarification. He claimed that he had full authority to shoot down the drone if I ever violated this order under his watch, and to arrest me for non-compliance. No discussion, objections or comments were permitted. Since I already had my photograph, and no supporting book of drone regulations, I left the area.
Supporting details: I flew approx. 100 feet above his railroad tracks for the purpose of photographing a well-known Amtrak station out West. No trains were in the area, nor were there any passengers in the area.
I am considering a making a complaint phone call to the railroad, but I request this community's thoughts. Thank you for your responses.

 

[Rchawks]

My understanding of this is they are nothing to mess with. It’s not worth the risk.

 

[RedBaron2]

My understanding of this is they are nothing to mess with. It’s not worth the risk.

Thank you. That was my feeling. I was TOTALLY compliant, respectful and non-confrontational. However, I was burning on the inside.

 

[vindibona1]

While you did the right thing in deescalating the situation, did you get the name and id number of this employee. Did you attempt to record the conversation with your phone [perhaps a lesson for all of us facing such confrontations]? And how is a Western Railroad EMPLOYEE empowered to arrest you? I'm not sure about being able to arrest you, but under no circumstances does he have authorization to "shoot down" your drown. As I said in another thread... We are bound at some point to run into the Barney Fife types. Seems like you found one sooner rather than later.

It appears that he is wrong about flying over "Federal Tracks". I looked up the regulation and this is what I found:

"Additionally, drones “are prohibited from sustained flight over moving vehicles when operated outside a closed- or restricted-access site,” according to the American Short Line and Regional Railroad Association, which adds “of note to railroads, the FAA confirms that trains are included in the definition of ‘vehicle.’”

 

[Jagerbomb52]

You might want to look up "protection of critical infrastructure in the us railways"
Some are protected and some are not.

 

[akdrone]

Call the local FAA office and try to speak with somebody directly about this

 

[Jagerbomb52]

Also there is a youtube video of a very famous FPV guy flying his FPV drone in and around a moving train and he got a very large fine for doing so. Rumored to be around 40 grand.

 

[Jagerbomb52]

Railroad companies may gain some protections as “critical infrastructure,” to which Congress has granted certain protections. Section 2209 of the FAA Extension, Safety, and Security Act of 2016[4] and amendments under the FAA Reauthorization Act of 2018 provide that companies may petition the FAA for designation as a “fixed site facility” under Section 2209. The 2018 Reauthorization amendments added “railroad facilities” to the definition of critical infrastructure.[5]

 

[akdrone]

I think they would show up as such under there before you fly at, although I don’t know if that’s the case and smile recommendation to contact the FAA directly

 

[vindibona1]

Railroad companies may gain some protections as “critical infrastructure,” to which Congress has granted certain protections. Section 2209 of the FAA Extension, Safety, and Security Act of 2016[4] and amendments under the FAA Reauthorization Act of 2018 provide that companies may petition the FAA for designation as a “fixed site facility” under Section 2209. The 2018 Reauthorization amendments added “railroad facilities” to the definition of critical infrastructure.[5]

Good research. But did Western Railroad submit such a petition. But does "fixed site facility" refer to tracks or would a fixed site be limited to buildings and such?

 

[Jagerbomb52]

Good research. But did Western Railroad submit such a petition. But does "fixed site facility" refer to tracks or would a fixed site be limited to buildings and such?

Lots of grey area in anything I researched. My guess is you do not want to mess with them in court. I'm sure their lawyer's would rip you apart in court

 

[Jagerbomb52]

The FPV guy that got fined from the FAA for flying in and around a train was charged under the Careless and reckless rule I think. I know he said he could have bought a brand new car from the size of the fine. Don't think I would want to go there.

 

[dirkclod]

I live in a railroad town. I fly all around the trains as this is kinda
a hub. The railroad have thier own police. Have only had 1 approach me. He came up to me and nodded nicely and I could see
he wanted to talk so I landed. We just talked abit about the drone after introducing ourselves and he just asked me if I would not fly close to the ground crew while they where switching the trains to differant tracks. As to not Distract them .Made sense to me and told him I never did nor would I ever and he said have at it. Very polite fellow and I carried on.

Don’t think it’s a federal railroad track but these guys know
i fly and close to the engines while they are hooking up the cars.
They just wave

 

[dirkclod]

Also there is a youtube video of a very famous FPV guy flying his FPV drone in and around a moving train and he got a very large fine for doing so. Rumored to be around 40 grand.

That’s in our photo ‘s and that guy flys in open cars , under cars
and all around the train and it’s moving pretty fast.
This is it I think.

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[Jagerbomb52]

Here is a very good video from Russ, 51 drones. Explains a lot. Watch the whole thing..

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[DSRT_VLTR]

I accidentally flew my Mini 2 over a concrete pit toilet in a National Forest once. Hope I'm not in trouble for flying over 'critical infrastructure'...

 

[Jagerbomb52]

I accidentally flew my Mini 2 over a concrete pit toilet in a National Forest once. Hope I'm not in trouble for flying over 'critical infrastructure'...

As funny as that was you really don't want to mess with Railway cops. They are kind of like the game wardens of the railway and have a lot of authorization to protect the railway.

 

[vindibona1]

Lots of grey area in anything I researched. My guess is you do not want to mess with them in court. I'm sure their lawyer's would rip you apart in court

I'm not afraid of what lawyers can do to me "in court" from a legal standpoint. What I'm afraid of is that the tactic of some lawyers do to protract a case so that those of us little guys have to "tap out" based on the cost of legal representation. Today the court is full of "slap suits" where the legal fees are harsher than were you to lose the case. Even one's own attorney is happy to get more and more billable hours in. I had a situation where I was in a negotiation and my lawyer did not do a good job of advising me. At one point I said "This is nuts. This is what you're going to offer." Of course he had to follow my direct instructions. He made my offer to the opposing attorney and they accepted. Case done... except that my lawyer sent me a $10,000 bill that should have been no more than $5k. At $400-$1000/hr it doesn't take long to rack up a huge bill. If I hadn't stopped him in his tracks and commanded him to take certain actions the bill would have been much higher. When I protested to him about the fee he said I could take him to court over it. I really didn't want to go down the same road paying yet another lawyer to protest a bloated legal bill from the former one.

 

[RedBaron2]

I'm not afraid of what lawyers can do to me "in court" from a legal standpoint. What I'm afraid of is that the tactic of some lawyers do to protract a case so that those of us little guys have to "tap out" based on the cost of legal representation. Today the court is full of "slap suits" where the legal fees are harsher than were you to lose the case. Even one's own attorney is happy to get more and more billable hours in. I had a situation where I was in a negotiation and my lawyer did not do a good job of advising me. At one point I said "This is nuts. This is what you're going to offer." Of course he had to follow my direct instructions. He made my offer to the opposing attorney and they accepted. Case done... except that my lawyer sent me a $10,000 bill that should have been no more than $5k. At $400-$1000/hr it doesn't take long to rack up a huge bill. If I hadn't stopped him in his tracks and commanded him to take certain actions the bill would have been much higher. When I protested to him about the fee he said I could take him to court over it. I really didn't want to go down the same road paying yet another lawyer to protest a bloated legal bill from the former one.

Great comments thus far. I also watched the suggested YouTube video. Great stuff. Agree 100% that railroad police can be really intimidating. I remained calm, respectful and professional but I felt that the railroad police guy was wrong. Amazing what you could do before 9-11. Not today.

 

[Jagerbomb52]

Great comments thus far. I also watched the suggested YouTube video. Great stuff. Agree 100% that railroad police can be really intimidating. I remained calm, respectful and professional but I felt that the railroad police guy was wrong. Amazing what you could do before 9-11. Not today.

Yup, the funny thing is most of the “critical infrastructure,” that cannot be filmed with a drone anyone walking by with a cell phone can video the area and nothing will happen to them. Go figure.