[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR207.5]



[Page 16]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 207_RAILROAD POLICE OFFICERS--Table of Contents

 

Sec. 207.5  Authority in States where officer not commissioned.



    (a) A railroad police officer who is designated by a railroad and 

commissioned under the laws of any state is authorized to enforce the 

laws (as specified in paragraph (b) of this section) of any state in 

which the railroad owns property and to which the railroad has provided 

notice in accordance with Sec. 207.4.

    (b) Under the authority of paragraph (a) of this section, a railroad 

police officer may enforce only relevant laws for the protection of--

    (1) The railroad's employees, passengers, or patrons;

    (2) The railroad's property or property entrusted to the railroad 

for transportation purposes;

    (3) The intrastate, interstate, or foreign movement of cargo in the 

railroad's possession or in possession of another railroad or non-rail 

carrier while on the railroad property; and

    (4) The railroad movement of personnel, equipment, and materials 

vital to the national defense.

    (c) The authority exercised under this part by an officer for whom 

the railroad has provided notice in accordance with Sec. 207.4 shall be 

the same as that of a railroad police officer commissioned under the 

laws of that state.

    (d) The railroad police officer's law enforcement powers shall apply 

only on railroad property, except that an officer may pursue off 

railroad property a person suspected of violating the law on railroad 

property, and an officer may engage off railroad property in law 

enforcement activities, including, without limitation, investigation and 

arrest, if permissible under state law.