My advice would be to try to stay off the tracks. Not only for safety reasons but it also attracts unwanted attention from the police.
Which gets to my second piece of advice.... be mindful of where you observe trains from. I don't know what the laws are in other states, but in California a railroad police officer (even though they are a private police force) has the same use of force, arresting and booking powers as regular police do. Depending on where you are observing the train from and who the individual officer is, you could get verbally hassled, given a verbal warning, ticketed and in rare cases even arrested. This can happen from both railroad police and local city or county officers.
Having a scanner or especially when using a video camera like me is when you tend to attract extra unwanted attention from police. I've been questioned on a few occasions about why I'm filming by police. Part of it has to do with concerns of rail sabotage after the 911 attacks. The most famous sabotage indecent in recent memory is the "1995 Palo Verde, Arizona derailment"...
https://en.wikipedia.org/wiki/1995_Palo ... derailmentThe other concern they have is theft of trains....especially intermodals that are often filled with computers and other expensive electronic devices. Gangs of professional thieves will have a guy looking out for police while his buddies break open containers and steal stuff from trains parked on sidings and in yards. In the case of some of the yards in Chicago, a BNSF cop told me they have been known to shoot at the rail cops as they are trying to flee.
I can't speak in general or for other areas of the country. But along Tehachapi Pass, based on my experience and the feedback of some other railfans there.... the Union Pacific cops tend to be much more aggressive at policing than the BNSF cops are. Yes... UP does own the tracks, but BNSF sends 3-4 times more trains over the pass than UP does. You'd expect the railroad with far more to lose in cargo than UP would be the one hassling you the most, but that hasn't been my experience.
On my last trip to Tehachapi Pass in December, the BNSF police gave me no hassle. I had 2 encounters with UP police. One didn't hassle me as he drove by at Bealville even though technically he could have. I was just off the road and a little bit on rail property there.
Bakersfield was a different story. I was simply just off the shoulder of the Edison Highway about halfway to the tracks filming and just as I was folding up my tripod to leave, I saw a UP cop in his SUV making an aggressive beeline towards me. Just as I was getting into my car, at the very last second the cop turned and decided he wanted to hassle a homeless man walking beside the tracks more than me.
My advice on filming on railroad property? Go onto the property, get your shot and then quickly get off the property. This way you get the shot and you minimize the time and chance of them catching you on it.
