Stiff fine for trespassing on tracks

Hey there, time traveller!
This article was published 30/04/2016 (3652 days ago), so information in it may no longer be current.

That shortcut on the way to school or work will cost you the big bucks — if you’re caught.

The fine for trespassing on railway property is $215 under the Railway Safety Act. With tracks nestled between residential areas, railway officers say walking across or along lines is an issue in the Wheat City.

“Trespassing, for (the Canadian Pacific Railway), in the Brandon yard area, is an ongoing problem,” CP Const. Johnathan Ross said. “People are entering on land where they’re operating with heavy equipment trains. Trains aren’t able to stop as quickly as people expect, and they’re a lot more quiet than people expect, so it’s more of a safety concern.”

Both CP and Canadian National Railway have tracks that run through Brandon. CP’s tracks are in a more industrial area, but the railway runs beside Assiniboine Avenue, just a street away from homes and stores. CN’s tracks, however, wrap around houses and stores, seeing more foot traffic.

CN Const. Joe Jardine said he gives out about 10 trespassing tickets every week. While that number might sound low, he said he gives out more warnings because people simply have no idea there’s a fine for trespassing. But there have been some intentional acts of trespassing that he just can’t let slide.

“I just handed out a ticket earlier this week — a 16-year-old and a five-year-old were trying to climb through the trains,” Jardine said. “I gave them one warning, told them to move along. As soon as they figured they were out of eyesight, they were trying to jump through it again.”

Trespassing is considered being anywhere on railway property. That includes crossing the tracks where there’s no designated area and walking along tracks.

Jardine said he handed the teen a ticket, but giving a child a ticket doesn’t really help anyone. That’s why Jardine said he makes an effort to go into schools and chat about railway safety.

“Receiving a $215 fine as a 12-year-old isn’t going to do anything for kids,” Jardine said. “It’s going to be more of an impact for their parents. Positive interactions, I find, are more effective.”

Jardine said he believes the early education is working, but Clayton Westfall, who lives on the corner of Eighth Street and Van Horne Avenue, said otherwise.

Westfall said he sees trespassing every day, but has only seen repercussions once.

“A lot of kids just walk right through all the time, every morning to school,” Westfall said. “A girl across the street got fined last year. I don’t think (people) know it’s illegal.”

If a fine isn’t enough, Jardine said trespassing is indeed a legal offence. You can be arrested and charged with trespassing on railway property.

Even railway workers are trying to enforce the policy.

“We see it all the time,” said Brenden Hintz, who works track maintenance at CN. “It’s all the way out to 34th Street. We’re supposed to always go and talk to the person, tell them it’s illegal.”

His cousin, Blaine Hintz, who also does track maintenance for CN, said he sees trespassers every day, especially by the CN yard.

“But who knows how many people are doing it in other areas,” he said.

Jardine said pedestrians can’t rely on being seen on the tracks to be safe since a lot of the rails are automated from Edmonton.

“The presumption is, considering people aren’t allowed on the tracks, that there are no people on the tracks,” he said. “So when the trains are doing their movement, it’s not like a driver in a vehicle where they have their windshield, looking forward at all times and they see what’s going on around them. They could be at the middle of the train, they could be at the back of the train. So someone trespassing across the tracks, they could be struck and no-one would really have any idea considering they’re not expecting them there in the first place.”

And if that shortcut still seems appealing to save time, Jardine said think of it as saving your wallet.

“I know for me, if I had to take a $215 hit in the pocket book, the grocery bill would suffer.”

» ssamson@brandonsun.com

» Twitter: @samanthassamson