26 Jul 2010

Rail staffers continue to use "anti-terrorism" powers they don't have

A blogger, who contacted BJP today, was detained last weekend by two Rail Enforcement Officers after taking photos, despite the fact that REO don't have the power to do so

"Last night I had the “pleasure” of being detained against my will not by the police but by Rail Enforcement Officers who operate on the South Eastern rail services. What did I do wrong? I took a picture of these Rail Enforcement Officers and when they asked me to see and then remove the pictures from my phone I refused."

With these words, Olly, a blogger for the You've Been Cromwelled blog, starts the account of another abuse of power by rail staffers, who questionned Olly's motives for taking photos of them. "While he was asking me these questions his colleague came to join him and he too was asking me similar questions. Each time I told them they had no authority over me, and that I hadn’t committed any crime, nor was I unruly, and I had a perfectly legitimate ticket which entitled me to be on the train. The younger of the two officers explained he had seen me taking pictures of them on the platform and they had the right to see those pictures because of their safety. I refused. The older one then said they did have the authority to do so because of the terrorism act. I asked which terrorism act and why were they enforcing that act if they were not police officers? They informed us they did have those powers."

After being detaine for 30 minutes, British Police officers showed up, confirming that Olly had done anything wrong and should not have been detained.

Read Olly's full account here.

But Olly isn't the victim of a unusual incident. In fact, a week never passes without us hearing about rail staffers preventing photographers - whether amateurs or professionals - from taking pictures in their stations.

Technically, rail companies have a right to deny a photographer the right to take pictures in their stations and trains, as these are private properties. But, major companies have a tolerant policy towards photographers, as they have found it counter-productive to stop photographers from taking pictures, especially in the case of rail enthusiats. In fact, in October 2009, Virgin Trains started a campaign to inform photographers about their rights, and duties, when taking pictures in its stations.

The poster read: 'Virgin Trains welcomes rail enthusiasts and passengers who wish to take still or video images at our stations. We ask that you do not interfere with the flow of passengers and respect the wishes of both passengers and staff not to be photographed.'

It added that 'if you are filming for extended periods and/or using bulky equipment you should make yourself known to our station staff. Flash photography is not permitted at any time and the use of tripods should be avoided wherever possible. If you wish to use a tripod you should speak with the Station Team Leader to ensure that you are in a safe area'.

First Capital Connect has also started displaying similar signs in its rail stations in and around London.

However, staff at rail stations and in trains, including Rail Enforcement Officers, have no right to detain passengers, invoke anti-terrorism powers, look at and delete images taken. Only police officers can perfom any of these actions (with a court order to delete images), as British Transport Police members confirmed to Olly in this particular case.

At a time when police officers are being told to ease off on the use of anti-terrorism powers, it would be wise for rail companies and the British Transport Police to inform security guards and rail staff that they don't hold these powers and cannot invoke them. But in an increasingly paranoid society, will they listen?

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Comments

South Eastern allow photography

It's very stupid. Look at FAQ #21 on the company's own website: http://www.southeasternrailway.co.uk/your-journey/faqs/stations/

"As a general rule members of the public are free to take photos of our trains and the stations we manage and are welcome to do so. If any of our employees are likely to feature in your pictures we'd appreciate you asking for their permission whenever possible.

We ask that photographers only go onto areas that are open to the general public and don't cause an obstruction to passengers or staff. And ideally we ask that photographers taking more than just a few 'snapshots' seek permission from us prior to taking photos, however we realise this is not always possible in practice.

We must also stress that flash photography must not to be used as this can be a distraction for train drivers.

Our local station staff occasionally may ask photographers not to take pictures and move to another part of the station or leave the station. We'll always explain why this is necessary. And if this does happen please understand that our staff have many things to consider including safety and security of all passengers and so will use their judgement in this regard.

Permission should be sought for any photographs taken of our trains and property for publication purposes. Enthusiast photographers can take photographs at stations for private purposes, provided they are not sold except to enthusiast magazines.

Finally along with all operators Southeastern supports the Guidelines for Rail Enthusiasts which help remind enthusiasts of their responsibilities when visiting stations."

Posted by: Matt Flaherty on 26 Jul 2010 at 14:42

Do some more research

"Technically, rail companies have a right to deny a photographer the right to take pictures in their stations and trains, as these are private properties."

This is not correct, please get the facts concerning the law right before printing.

Posted by: Brian on 27 Jul 2010 at 12:25

In what way?

Brian, it would be helpful to the rest of us if you explained why that is incorrect.

Posted by: Mark on 29 Jul 2010 at 02:15

response to Brian

Mark asks Brian to explain his comment, I may have an answer: As the stations are open to the public, despite the fact that they are private property, one does not have to pay an entrance fee, such as a stately home. Comparing the latter with a railway station, we see that, in effect, a station does not close. Therefore there is an implied right to go there at any hour of the day or night - to catch a train or meet someone off it or collect a dog (yes you could send off for a dog from magazines such as 'The Gamekeeper' at one time and collect it from the station!). I hope this is of some help.

Posted by: MURRAY on 02 Aug 2010 at 14:03

When will we stop it!

Why do people continue to make their protests in this way. As the detention was illegal why has the blogger not instigated proceedings against the staff involved. Please do not keep whining on the internet asking for someone else to take action, I wonder if the incident happened at all!!

Posted by: Richard Phillips on 03 Aug 2010 at 13:22

Legal Process

@Richard,

I've made a complaint to the BTP who are investigating and are keeping me updated. In addition I'm not only protesting via the net. Go read the articles on the site and the subsequent follow up articles.

As to your opinion as to whether the incident actually happened or not, I can confirm it happened and a quick browse through the details would confirm it.

But just in case read this carefully:
http://www.newsshopper.co.uk/news/8309558.GRAVESEND__Blogger_says_he_was_treated_like_terrorist_by_station_staff/

Pay particular attention to the statement by the BTP ;-)

Posted by: Olly on 05 Aug 2010 at 11:33

If it's not illegal you can do it.

Having given the public right of access, you also grant leave for them to peruse any lawful activity while on that property, that dose not interfere with the activity of the land holder or other members of the public.

Posted by: Brian on 27 Sep 2010 at 13:21

I would seriously take some legal advice

I would seriously take some legal advice, they have falsely imprisoned you and assaulted you for which they have no legal powers at all, all it should have been was please stop or and leave, that's it, they could have made a common law arrest for what I don't know, but if found to be baseless the above would still apply.

brummie

Posted by: brummie on 07 Dec 2010 at 08:58

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