# Powers vested in Conductors for maintaining order



## CTANut (Feb 4, 2022)

What powers in your state does the Amtrak conductor have? I know they formerly had "powers of sheriff" in Oregon. As for Ohio,
In Ohio, conductors have the authority to detain passengers who they suspect evaded fares.
*Section 4973.23 | Detention upon probable cause by conductor or ticket agent.*
Ohio Revised Code
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Title 49 Public Utilities
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Chapter 4973 Employees; Police Officers








Effective:
March 23, 2000
Latest Legislation:
Senate Bill 107 - 123rd General Assembly
PDF:
Download Authenticated PDF


(A) A conductor of any train carrying passengers or of the cars of any interurban railroad carrying passengers, and a ticket agent employed in or about a railroad or interurban railroad station, while on duty on the train or cars, or in or about the station, who has probable cause to believe that a person has committed an offense may detain the person in a reasonable manner and for a reasonable length of time within the train, the cars, or the station, for the purpose of recovering any property involved in the offense, causing an arrest to be made by a peace officer, or obtaining a warrant of arrest.
(B) A conductor or ticket agent acting under division (A) of this section shall not search the person detained, search or seize any property belonging to the person detained without the person's consent, or use undue restraint upon the person detained.
(C) Any peace officer, as defined in section 2935.01 of the Revised Code, may arrest without a warrant any person who the officer has probable cause to believe has committed any violation of law and shall make the arrest within a reasonable time after the commission of the violation of law.


They also have the power to eject passengers, but they must refund the fare they paid on the spot.
*Section 4973.24 | Conductor may eject passenger.*
Ohio Revised Code
/
Title 49 Public Utilities
/
Chapter 4973 Employees; Police Officers








Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
PDF:
Download Authenticated PDF


When a passenger is guilty of disorderly conduct, uses obscene language, or plays a game of cards or chance for money or other thing of value on a passenger train or the cars of an interurban railroad carrying passengers, the conductor of such train or cars shall stop his train or cars at the place where such offense is committed, or at the next stopping place for such train or cars and eject such passenger from the train or cars, using only such force as is necessary. The conductor may command the assistance of employees of the company, person, or firm owning or operating such railroad or interurban railroad and of the passengers on such train or cars, to assist in such removal. Before removing such passenger, the conductor shall tender to the passenger such proportion of the fare he paid as the distance he then is from the place to which he paid fare bears to the whole distance for which his fare is paid.
*Available Versions of this Section*


October 1, 1953 – House Bill 1, 100th General Assembly [ View October 1, 1953 Version
There is, however this provision:
*Section 4973.26 | Negligence of official duty.*
Ohio Revised Code
/
Title 49 Public Utilities
/
Chapter 4973 Employees; Police Officers








Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
PDF:
Download Authenticated PDF


No conductor having charge of a passenger train or of the cars of any interurban railroad carrying passengers within this state shall willfully neglect his duty as required by sections 4973.24 and 4973.25 of the Revised Code, or fail to use all the means in his power to carry out such sections. Whoever violates this section is guilty of negligence of official duty.

If he violates this section, he can get fined $5-$25.
*Section 4973.99 | Penalty.*
Ohio Revised Code
/
Title 49 Public Utilities
/
Chapter 4973 Employees; Police Officers








Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
PDF:
Download Authenticated PDF


(A) Whoever violates section 4973.12 of the Revised Code shall be fined not less than fifty nor more than one hundred dollars or imprisoned not less than ten nor more than thirty days.
*(B) Whoever violates section 4973.26 of the Revised Code shall be fined not less than five nor more than twenty-five dollars.
Available Versions of this Section*


October 1, 1953 – House Bill 1, 100th General Assembly [ View October 1, 1953 Version ]


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## Saddleshoes (Feb 4, 2022)

The Illinois law is found here...



https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1770&ChapterID=46




_Interesting quotes from this law include..._
--Conductors of all railroad trains, and the captain or master of any boat carrying passengers within the jurisdiction of this State, are vested with police powers while on duty on their respective trains and boats, 
-- When any passenger shall be guilty of disorderly conduct, or use any obscene language, to the annoyance and vexation of passengers or employees, or play any games of cards or other games of chance for money or other valuable thing, upon any railroad train or boat, the conductor of the train and captain or master of the boat is authorized to stop the train or boat, at or near any place where an offense has been committed or at an available public station or dock, and remove the passenger from the train or boat using only the force necessary to accomplish the removal, and may command the assistance of the employees of the railroad company or boat, or any of the other passengers willing and able to assist with the removal; but before removing the passenger the conductor or captain or master shall tender to the passenger the total fare the passenger has paid, minus the portion of the total fare attributable to the distance travelled by the passenger prior to being removed from the train or boat. 
--


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## joelkfla (Feb 4, 2022)

Interesting that they can essentially deputize passengers to assist in the ejection, and that they have to refund the fare _before _ejecting someone. That's better than the theme parks, whose terms and conditions all say that anyone can be ejected for violations _without _refund.

The part about playing cards for money sounds like a carryover from the days of itinerant riverboat gamblers.


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## LookingGlassTie (Feb 4, 2022)

I didn't realize that the powers and scope of authority of Amtrak Conductors varied by state. I assumed it was a general Amtrak policy, regardless of state or local jurisdictions.

Unless of course I misunderstood the OP...............


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## NSC1109 (Feb 4, 2022)

All rail conductors in Michigan are empowered with the same legal authority as a county sheriff as long as they are on their employer’s property, so they can in theory arrest someone. I’m not sure what the exact statute number is.


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## Steve4031 (Feb 4, 2022)

From experiences that I have personally witnessed the conductor usually stops the train at a station or grade crossing and then the misbehaving passenger is met by the police. On the Cardinal, the SCA believed she smelled pot that had been smoked and reported this to the conductor. She apparently went from room to room asking passengers if they too had smelled the pot. My room was several doors down, and I reported not smelling the pot. The SCA looked somewhat disappointed. 

The conductor came and had a discussion with the passenger. There was an argument, and I overheard the passenger explaining to the conductor that he had the right to consume alcohol in his room. Though technically correct, I think at this point the conductor had had enough. He politely informed the passenger that he would be leaving the train at the next stop. I believe it was Prince, WV. The police had to come on board and talk with the passenger who was reluctant to leave. Eventually, he left on his own without any use of force. This caused an additional 45-minute delay to our already 3-hour late train. 

On the Lincoln Service, there was a drunk using profanity in the BC section. I was going to ignore it. Then he asked me for a pen. I told him I did not have one in a no nonsense tone. He called me a name. I reported him to the SCA. The conductor came back with the assistant conductor and they spoke with him. He called me another name in front of the conductor. She directed him to go with her. We made the stop in Dwight. She came back and apologized profusely for my experience and explained that she put him off and turned him over to the police. He called her names too. 

In summary, the current practice seems to be to hand the passenger over to the police or enlist police assistance to remove the passenger.


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## me_little_me (Feb 4, 2022)

joelkfla said:


> Interesting that they can essentially deputize passengers to assist in the ejection, and that they have to refund the fare _before _ejecting someone. That's better than the theme parks, whose terms and conditions all say that anyone can be ejected for violations _without _refund.
> 
> The part about playing cards for money sounds like a carryover from the days of itinerant riverboat gamblers.


What if it was multiple passengers and had paid high bucket for rooms? Would the conductor have that much?

As to itinerant riverboat gamblers, they left when Amtrak went to flex food. Even they wouldn't bet on that!


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## flitcraft (Feb 4, 2022)

joelkfla said:


> Interesting that they can essentially deputize passengers to assist in the ejection...


Hard to imagine this actually happening even in the day, though. Suppose said deputized passenger got injured during the 'ejection'... I did find myself wondering whether taking an Amtrak trip with a tight connection that would result in a financial loss if the train was late is a 'game of chance' regulated here.


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## John Bredin (Feb 5, 2022)

It's funny the Illinois law requires a partial refund, because I've seen plenty of people booted from Metra over the years and I don't recall the conductor doing any refunding. Of course, most of them were on the weekend, and there's no excess portion of a weekend pass to refund.


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## TinCan782 (Feb 5, 2022)

flitcraft said:


> Hard to imagine this actually happening even in the day, though. Suppose said deputized passenger got injured during the 'ejection'... I did find myself wondering whether taking an Amtrak trip with a tight connection that would result in a financial loss if the train was late is a 'game of chance' regulated here.


I believe "deputizing" a person provides some worker's compensation should something happen. My Father-in-law and I got "deputized" once by a state park ranger. We were following a vehicle on a closed road and he wanted a couple more persons with him so he deputized us while riding in the vehicle up the road to the park boundry. I used to be a volunteer disaster service worker and we were "sworn in" for that same reason.


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