Right, just to tie up a few things together here, and clear up any myths.
Rights on Railway Property
Firstly, any Railway stations and all Railway property is considered to be Private Property for the the purposes law, hence the need for Byelaws.
Although the public are allowed access to specific parts of the railway infrastructure, i. e. stations, they are only allowed so for the purposes of using the services provided by the station operator. The situation thus in law is that a station is a place to which the public have access. It is NOT a Public Place.
The holding of a railway ticket does not constitute any RIGHT to enter or remain on the station other than for the purposes of catching a train. In the event that there is some time before the train is due, in law a passenger could be removed from the station/platforms until the train is due. There is no legal right to remain on the station for an extended time waiting a connecting train.
There is no legal right to enter or remain on a station with a platform ticket.
A platform ticket is legally issued to permit a person who is NOT travelling but is on business at the station to pass beyond the gateline, thus ensuring that they are legally there in the event of an accident or injury occurring.
Remaining on a station for extended periods is not permitted and can constitute an offence of vagrancy .
The holding of a ticket only entitles to holder to be in the relevant place for their train or for the business they have come to conduct. It does not of itself constitute any right to "wander around" the station complex.
Trespass
Any person, even a person holding a ticket can commit an act of Trespass whilst on a station, by entering an area where passengers are not allowed. In a recent case, it was judged that placing any part of one's body (arm, leg, etc) over the platform edge constitutes a technical legal trespass. This was related to a claim for injury when a person doing so was struck by a train but is now established in law.
Although the public have access to Railway property, this is access by invitation, and that invitation maybe withdrawn by an authorised person. Such an invitation exists ONLY for the purpose of joining/alighting to/from trains, or conducting business with the station operator or using facilities to which the public have legitimate access, eg, using the buffet, pub, shop, etc, etc.
NO part of the Railway is a PUBLIC Place for the purposes of Law. There is NO LEGAL RIGHT for any person to enter, be on, or remain on any Railway property.
A person may be asked to leave WITHOUT REASON being given by any authorised person. It constitutes an offence to remain on the property or to refuse to comply with such a request.
Photographs
There is NO LEGAL restriction against taking photographs in a Public Place. Note that a Railway is NOT a public Place.
There are certain restrictions in Law concerning the taking of photographs of certain categories of place, for example, Military and Government establishments being the obvious ones.
Note however that under Terrorism law other locations and premises may be prohibited by special order which will be signed by the Home Office. This could well include Railways.
There is no LEGAL restriction upon taking photographs of people in a public place, although there may be occasions and circumstances when a Model Release should be obtained from those photographed.
Deleting of Photographs/Confiscation of Equipment
No person (including security guards/staff, etc) has the right to demand that any photograph should be deleted, nor do they have the right to require you to hand over any equipment, nor may they confiscate any equipment. Any touching of a person constitutes assault.
No Police Officer may require you to delete any picture nor may they confiscate any property UNLESS it is confiscated in compliance to the Terrorism Act, in which case they have this power, but this should not normally apply to your average person.
Photographs on a camera or a memory card may only be destroyed by the issue of a Court Order authorised by a JUDGE.
Photographs on Railway Property
Whilst there is NO LEGAL RIGHT to take photographs on any aprt of the Railway, and there is NO legal raight of access to do so either (right of access is for the purposes outlined earlier).
Although there are some obvious issues with some members of staff who have been inadequately trained and instructed, both Network Rail and the TOCs operate a tolerant approach to the taking of photographs on stations.
Because stations are private property. either NR or the TOC can impose whatever restrictions they wish as and when they wish. This can result in a total prohibition. Legally they have this right, and it is also by virtue of this that they can place certain restrictions and requirements for the taking of commercial pictures.
Technically if you intend to sell a photograph taken at a station for publication, then you have to obtain permission in advance.
Photographs at Level crossings/public footpaths.
Level crossings and public footpaths across the railway are legally provided for the purposes of allowing people to cross the Railway. Technically a person using the crossing is not permitted to stop.
On that basis, technically you cannot take a photograph at a level or footpath crossing if you are inside the boundary fence, as stopping could constitute trespassing.
Stepping off the fooway surface is definitely trespassing.
You can be asked to remove yourself from the level crossing / footpath crossing.
Note also that if you stop your car close to a level crossing therre are also potential issues with regards to Road Traffic Offences, especially note that the holding area for restricted vehicles to stop in cannot be used for ordinary parking.
Photographs on Private Property- For example docks, harbours and private railway sidings
There is no legal right to enter private property and no legal right to take photographs on private property without the owners consent. Acccess may be granted subject to a prohibition on the taking of photographs, concert halls being a good example. If a person takes a photograph, legally the permission to be on the property is immediately withdrawn from that time and the person can be asked or made to leave.
This is the best synopsis that I can give you.
I do have some links and some document downloads that can be carried, and I would suggest that all photographers do so, as their is a total lack of public understanding of the rights of photographers, as well as amongst the Police and ESPECIALLY so amongst PCSOs.
I will post these as soon as I can get access to my computer proper.
I am sorry if a lot of this sounds very legalese, actually it is but it is necessary to be properly informed.
Obviously there is a fair degree of leeway that is given by The Railway Industry and everyone should be aware so that it is not spoilt by those who abuse it or staff.
For the avoidance of doubt I have received legal training in Railway law, and I have researched the remainder, including Home Office documentation and checked out facts down to Police Operational Orders level
Please do not blame the messenger if you disagree with what is set out above, and please do not try to enter into a debate with me about it.
I do hope it will stop the small minority who THINK they have RIGHTS to go photographing on railway property when such "rights" exist only by courtesy, and custom and practice.
hock::roll:
