Senate may make penalty harsher for those trespassing on train trestles

[NS Newsfeed]

The Virginia Senate may move to step up the penalty for venturing out onto train trestles and bridges, citing in part the fatalities in Lynchburg.



"I think we have to do something," Pat Corp, a representative of the rail employee union SMART, told a panel of state senators this week.



Corp cited three examples of people dying on Virginia train trestles in the past four years — two of which occurred on the Norfolk Southern span over the James River between Lynchburg and Amherst County.



There have been at least 13 fatalities on that trestle — alluring due its scenic views — since 1969, according to newspaper archives.



The two most recent incidents, occurring in November 2011 and November 2014, involved college students.



"Our thought is to up the penalties so law enforcement has a better chance of keeping people off these bridges and trestles," said Corp, adding these deadly incidents are devastating for families and train crews alike.



"They are extremely hazardous," he said of trestles. "You can't run and get away. You can't run at all."



Senate Bill 1416, introduced by Sen. David Marsden, would make it a Class 2 misdemeanor to trespass on a train trestle, bridge, tunnel or railway yard.



Class 2 misdemeanors are punishable by a fine of up to $1,000 and possible jail time. Currently, trespassing on train tracks is a Class 4 misdemeanor and carries a maximum penalty of $250 in fines.



Marsden, D-Fairfax, said concerns about the trespassing statute were first brought to him by rail employees.



"What these guys are telling me about is the trauma they go through when you're on a train and you can't stop, you can see it coming and you can't stop in time," he said.



"We want to get these kids off these trestles ... Hopefully, this will be a small step toward fixing the problem."



SB1416 had an initial hearing before the Senate Courts of Justice Committee on Monday. Lynchburg Commonwealth's Attorney Mike Doucette spoke in support of the measure, but proposed bumping up the penalty to a Class 1 misdemeanor.



The Class 1 charge — punishable by up to $2,500 in fines and as much as one year in jail —already is available under a separate statute in cases where a site is posted with no-trespassing signs.



Doucette's office is filing Class 1 misdemeanor trespassing charges against the survivors of the 2014 trestle fatality. Local authorities haven't always pressed charges in these cases, but Doucette said it's time to make it clear this behavior is not only dangerous but illegal.



"I'm trying to get the message out to the rest of the Liberty University students, Lynchburg College students, Randolph College students and whoever else might be planning on going out there," he said. "... We need to make it abundantly clear, if it wasn't clear enough already."



Members of the courts committee were skeptical about whether changing the law would prove an effective deterrent.



"I'll vote for the bill, but if you think this is going to stop these kids from going on that trestle, you're deluding yourself," said Sen. Dick Saslaw, D-Fairfax.



Those advocating for the bill agreed it wasn't a cure-all, but added something needs be done to try to combat the problem.



"Anything would help," Doucette said.



Doucette urged lawmakers to adopt a Class 1 misdemeanor charge to create consistency in the law for trestles that are posted with no-trespassing signs and those that are not.



Within Lynchburg alone, he said, there are unsigned trestles — such as one over the Blackwater Creek — that are equally dangerous and have a history of fatalities.



This sparked some debate about the legal implications of such a move and whether a railroad would be required to post signs at all trestles — a requirement the rail companies oppose.



The bill was temporarily tabled to sort out those questions. It's set to return to the courts committee today.

[Bill Richardson]

There are laws against using drugs for recreational purposes, but that doesn't stop drug use.  It has been going on for a long time and apparently it will keep going on.  There are warnings on cigarette packages, yet people keep smoking, and young people start.  Murder and home invasions are illegal, yet it keeps happening.  Illegal border crossings keep happening.  Laws making it illegal to walk out on train trestles won't have much effect, if any.  If people want to do it they will.  Warning signs at each end of a trestle will probably deter some people with more sense, but those lacking in common sense, and those who feel daring, will do it anyway, in spite of warnings and any laws.  This country already has ten tons of laws, yet crimes and misdemeanors keep happening.  Laws mean nothing to people lacking in common sense, and those inclined to criminal activities, and those who don't mind flaunting minor laws.  If the lure is strong enough, the law won't matter.  Some people will be stupid and walk out on a trestle for whatever reason, and others will just take the risk, knowing there could be danger.  Railroads can post signs at each end of a trestle warning of the danger, and that will probably help a little, but in my opinion, a law about it won't matter much.  It is probably against the law to go into a railroad yard and paint graffiti on rail cars, yet it seems that 95 % of rail cars have graffiti to some extent, with some cars being half covered.  Has any law helped that situation?  Warning signs at trestles and bridges will probably do as much as can be expected.  Making new laws about it would be just a waste of time and money.

[Backyard]

  It seems that lawmakers would rather spend their time and our money making more stupid laws and enlarging government that to cut spending and government waste...I think that the railroads have done enough with posting warning signs and building walkways on most all bridges.

[Trainman24210]

There is a penalty, they suffered it.