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Thread: NJ photo-ban question. Does this seam right????

  1. #1
    Join Date
    Nov 1999
    Location
    Perth, WA, Australia.
    Posts
    3,228

    Default NJ photo-ban question. Does this seam right????

    I found this on railpage.com.au....



    NJ Transit

    Thank you for contacting us about NJ Transit. As you are aware, we recently wrote to the Office of the Attorney General concerning complaints of people being barred from taking photographs of trains both inside NJ Transit property and from public sidewalks. We have now received the Attorney General's response.

    Photography outside NJ Transit Property
    NJ Transit recognizes it has no authority over people taking photographs of trains outside NJ Transit property and that there are no laws outlawing such an activity. To the extent NJ Transit has dealings with local police departments, it will bring their attention to the fact there is no ban on picture taking.

    Photography on NJ Transit property
    NJ Transit will not deny the right to take pictures in NJ Transit stations to anyone who makes a request through the photographic permit process, nor will a fee be charged for making such a request. People making such requests must confirm they have no commercial purpose in taking photographs. NJ Transit has also recognized that its right to require that such requests be made may be questionable under the current rules. It is therefore going to seek to adopt such a requirement under the Administrative Procedures Act. Since there is an opportunity for public comment prior to the adoption of a new rule, we suggest that, if you oppose the requirements, you participate in the public comment period.

    To find out when the public comment period is, you can monitor NJ Transit's website, as well as the Office of Administrative Law's website. The Office of Administrative Law implements the Administrative Procedure Act, advising executive branch agencies on how to make rules and requiring the agencies to follow statutorily prescribed steps in rulemaking. It must ensure that the formulation of rules includes adequate opportunity for input by anyone interested and affected. In this capacity, the OAL is responsible for the publication of the New Jersey Register. You can find the publication dates of the register on the OAL's website at www.state.nj.us/oal. You can then check on NJ Transit's website for the notice it is required to post notifying the public of the comment period. NJ Transit's website is at www.njtransit.com.

    NJ Transit also recognizes it does not have the authority to take cameras or require the deletion of pictures, absent a legitimate law enforcement purpose.

    Should you be denied a permit to take photographs by NJ Transit, or should you be stopped from taking photographs by NJ Transit police officers, employees or local police, you can contact us again. We would require detailed information about any such incidents, including the name of the officer/s involved, the time, date and place as well as what occurred.

    Thank you for contacting us and for your commitment to civil liberties.

    Sincerely

    Helen Ford
    Intake Manager/Legal Associate




    What I want to focus on is....

    To the extent NJ Transit has dealings with local police departments, it will bring their attention to the fact there is no ban on picture taking.


    >Mike Forster<
    Perth, Western Australia

    [email protected]
    [Link Expired]

    http://www.trainweb.org/aussiepix

  2. #2
    Join Date
    Apr 2003
    Location
    Virginia
    Posts
    2,134

    Default RE: NJ photo-ban question. Does this seam right????

    Heh, "commitment to civil liberties". Sounds like the NJ OAG must've sent NJT a nastygram saying in essence, "You can't do that."

    At any rate, what's objectionable about your phrase of choice? The way I read it, NJT will act to inform local police departments that NJT doesn't have/didn't have a ban on photography (outside its property). That means, in my opinion, NJT's actions would pass the word to police that hassling/arresting Mr. Photoman on the word of NJT isn't a good idea. From where I sit, that sentence is a good thing.

    YMMV, of course.

  3. #3
    Join Date
    Apr 2003
    Location
    Stony Plain, AB, CANADA
    Posts
    829

    Default RE: NJ photo-ban question. Does this seam right????

    Nice to see something positive for the railfans.


    >Photography outside NJ Transit Property
    >NJ Transit recognizes it has no authority over people taking
    >photographs of trains outside NJ Transit property and that
    >there are no laws outlawing such an activity. To the extent
    >NJ Transit has dealings with local police departments, it
    >will bring their attention to the fact there is no ban on
    >picture taking.

    This would also apply to ANY railroad or transit system. :)


    >Photography on NJ Transit property
    >NJ Transit will not deny the right to take pictures in NJ
    >Transit stations to anyone who makes a request through the
    >photographic permit process, nor will a fee be charged for
    >making such a request. People making such requests must
    >confirm they have no commercial purpose in taking
    >photographs. NJ Transit has also recognized that its right
    >to require that such requests be made may be questionable
    >under the current rules. It is therefore going to seek to
    >adopt such a requirement under the Administrative Procedures
    >Act. Since there is an opportunity for public comment prior
    >to the adoption of a new rule, we suggest that, if you
    >oppose the requirements, you participate in the public
    >comment period.

    Pretty standard for most large companies.


    >NJ Transit also recognizes it does not have the authority to
    >take cameras or require the deletion of pictures, absent a
    >legitimate law enforcement purpose.

    The key here is the RAILFAN should also know this and put up a fuss if asked to do something contrary to the above.


    >Should you be denied a permit to take photographs by NJ
    >Transit, or should you be stopped from taking photographs by
    >NJ Transit police officers, employees or local police, you
    >can contact us again. We would require detailed information
    >about any such incidents, including the name of the
    >officer/s involved, the time, date and place as well as what
    >occurred.

    Nice. In Canada a police officer must supply his name and badge number on request. Though usually the badge number is on his uniform. Last name and badge number also appears on all tickets the officer issues. Also important is to note which force (city, RCMP, State Trooper, etc.) the officer is with.

    Edit:
    The newspaper and television media may also be useful if any of the above law enforcement parties are out of line. ;)

    Happy railfanning!


    Gary Cameron
    Grande Prairie "The last civilized stop before Alaska," AB
    Canada

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