Parking on Canal Cape side

[Swimmer]

My friend recently left the employ of the trash train. His thoughts were that they are being sued because they hit "a kid", and this is probably why they are giving out the tickets. He had heard of this happening before but it had to do with people parking a few feet from the tracks, and so on, and only once or twice did anyone get one of these so-called tickets. He did say that he did not think any of the employees had any police powers. He also said that if he had any contact with the family who has the trash contract that he worked for he would ask them for any info on why someone is giving out these pieces of paper. My friend did say that the train's owner doesn't really like doing this because far to often certain people have thrown rocks through the engines windows as a result. So without knowing the full story about why the tickets are now given out, I would say just be prudent about where you park, and walk across the tracks, and dont trash the place.

[Mike P]

I am also of the opinion that the general public has an implied right to cross tracks at an established grade crossing. If the Corps of Engineers allows recreational users of the Canal to cross the tracks at their grade crossings, which they not only allow, but encourage by having parking areas at them, and posting "Warning--Tracks In Use" signs--there isn't a damn thing that the RR can do to stop them.

There are also whistle posts a set distance down the tracks at these grade crossings, and if an engineer sounds the whistle--which they are required to do by law--the RR can't be sued if someone jumps the tracks and gets hit--the same way that they can't be sued by the survivors of idiots who play race the train by driving around crossing gates.

There are no whistle posts anywhere else, and people may not hear the sound of a train approaching from downwind. I have also seen cases where fishermen crossing the tracks see a train approaching, but decide that a minute of their fishing time is worth more than their lives. All you need to do is trip over a rail or a tie and go down across the tracks--trains can't stop on a dime.

It also doesn't help that there's a history of Mo Beach kids playing chicken with the trash train from North Falmouth.

[Swimmer]

Lets not forget the Ipod users, who at high volume, listen to their favorite tunes. You wont here a slow moving train using those ear buds. I am hopeful my friend will get back to me with more info. He was actually quite surpised at hearing that these notices of tresspass were being given out. As I said, he told me that no one in the railroads employ has any police powers that he knows of. And in my opinon leaving those tresspass notices on vehicles and not handing them out to the tresspasser in person doesn't mean a thing. Certainly doesn't prove who he person was driving the car that the notice was put on. And the last time I checked, when a car is towed from private property it is the responsibilty of the entity that has the vehicle towed resposibilty to pay for the tow. We saw that ruling in Brockton District Court several years ago. I don't think deep down their is any problem. I believe someone is just CTA.

[Mike P]

Originally Posted by Swimmer

Lets not forget the Ipod users, who at high volume, listen to their favorite tunes. You wont here a slow moving train using those ear buds. I am hopeful my friend will get back to me with more info. He was actually quite surpised at hearing that these notices of tresspass were being given out. As I said, he told me that no one in the railroads employ has any police powers that he knows of. And in my opinon leaving those tresspass notices on vehicles and not handing them out to the tresspasser in person doesn't mean a thing. Certainly doesn't prove who he person was driving the car that the notice was put on. And the last time I checked, when a car is towed from private property it is the responsibilty of the entity that has the vehicle towed resposibilty to pay for the tow. We saw that ruling in Brockton District Court several years ago. I don't think deep down their is any problem. I believe someone is just CTA.

Yeah, I just said something to that effect on SOL, abut them CTA. By allowing unprotested cross track access, they are probably exposing themselves to liability if someone gets clipped by a train or otherwise gets hurt on the tracks. These notices at least create a record of trying some sort of enforcement. Until I hear that a Bourne PD cruiser is alongside the RR employee and an officer is issuing citations, I'm not going to panic over this.

Lots of the BPD guys also fish and the department doesn't make a habit of harrassing Canal fishermen--it takes repeated complaints from residents for them to address parking violations along the popular Canal spots that are time-restricted for parking. Earl Baldwin, the chief, fishes himself. Which is not to say that they won't make a response if too many people thumb their noses at the RR guys and cause the RR to complain to the chief. My suggestion is to be discreet, be respectful to anyone who gives you a notice, and maybe pick your access spots with discretion. It's easy for them to paper 3-4 cars at a tight turnout. Papering 100 vehicles parked, say, at Gallo's ice rink is a different matter. And if it's at all possible to use a grade crossing, use it.

I'm also thinking that this will all blow over once the topwater bite slows and things return to normal. It's just a prediction, but like I always say--crowds create problems for all of us. And even if the RR backs off, it is only a matter of time before a fisherman gets hit by a car over there, or an accident is caused by a Canal fisherman pulling out of one of those turnouts. And parking gets restricted along Sandwich Road as a result. Some people just don't use their heads in parking there. I've seen many cars parked dangerously close to the road over the last month. Remember--those boulders lining the turn-out near pole 230 weren't there 20 years ago

[Bob Thomas]

I googled the heck out of the guys name and found that he has something to do with safety and security or the like.

I think, like most said, these are CYA notices. They are by no means a citation....they can't write citations. These appear to be along the same idea as me writing a letter to Joe Blow to not come onto my property anymore or he will be subject to prosecution. It's just a notice that the offender can be prosecuted.

Swimmer & Mike - I believe back about 10 years ago or so, the state came up with some law requiring each and every railroad to have it's own "Police Agency" back when. I had 2 guys (Chief included) in my academy that were from a railroad with 2 miles of track. They were explaining it was an "Honorary" title but that each RR needed police. Maybe this guy is the "answer" Cape Rail came up with. He has no Police Powers but is in charge of Safety & Security and this is his way of covering the rails arse.

Yeah, I could see getting a call for that. If it were me, "Yeah, I'm enroute. Ok, now that was 2 crullers, 2 chocolate glazed....."

*** Edit *** Like I told Mike, it is best to keep a cool head. By attacking this fool etc. you are just giving him more ammunition to take the situation even further. If he is, in fact, in charge of the RR, I believe he also has the authority to seek criminal charges through the courts for any infractions, I.e. trespassing after notice. And don't think for a moment that he can't get your plate info. Everybody knows somebody (...sometimes)