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[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2003]
[CITE: 49CFR207]

[Page 15-16]
 

TITLE 49--TRANSPORTATION
CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
PART 207--RAILROAD POLICE OFFICERS--Table of Contents


Sec.
207.1 Application.
207.2 Definitions.
207.3 Designation and commissioning.
207.4 Notice to State officials.
207.5 Authority in States where officer not commissioned.

    Authority: 45 U.S.C. 446; 49 CFR 1.49(ff).

    Source: 59 FR 6587, Feb. 11, 1994, unless otherwise noted.

Sec. 207.1  Application.

    This part applies to all railroads, as such term is defined in 
section 202(e) of the Federal Railroad Safety Act of 1970, as amended, 
Public Law 91-458 (45 U.S.C. 431(e)).

Sec. 207.2  Definitions.

    As used in this part:
    (a) Railroad police officer means a peace officer who is 
commissioned in his or her state of legal residence or state of primary 
employment and employed by a railroad to enforce state laws for the 
protection of railroad property, personnel, passengers, and/or cargo.
    (b) Commissioned means that a state official has certified or 
otherwise designated a railroad employee as qualified under the 
licensing requirements of that state to act as a railroad police officer 
in that state.
    (c) Property means rights-of-way, easements, appurtenant property, 
equipment, cargo, facilities, and buildings and other structures owned, 
leased, operated, maintained, or transported by a railroad.

Sec. 207.3  Designation and commissioning.

    (a) A railroad may designate employees to be commissioned by a state 
authority as railroad police officers to serve in the states in which 
the railroad owns property.

[[Page 16]]

    (b) The designated railroad police officer shall be commissioned by 
the railroad police officer's state of legal residence or the railroad 
police officer's state of primary employment.

Sec. 207.4  Notice to State officials.

    (a) After the designated railroad police officer is commissioned by 
a state or states, the railroad shall send, by certified mail, written 
notice to appropriate officials of every other state in which the 
railroad police officer shall protect the railroad's property, 
personnel, passengers, and cargo. The notice of commission shall contain 
the following information:
    (1) The name of the railroad police officer;
    (2) The badge number, identification number, rank, code, or other 
identifying information assigned to the railroad police officer;
    (3) The date of commission;
    (4) The state or states where the railroad police officer is 
commissioned;
    (5) The date the railroad police officer received training or 
retraining regarding the laws of such state or states;
    (6) The name of the railroad official who designated the employee as 
a railroad police officer; and
    (7) Color photographs of the types of badges, identification cards, 
and other identifying materials the railroad uses to identify its 
railroad police officers.
    (b) The railroad shall keep copies of all such notices at a central 
location.
    (c) The authority set forth in Sec. 207.5 shall be effective upon 
receipt by such state(s) of written notice conforming to the 
requirements of this section.

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.