Persecuted photographers: staff should know the law

It surprises me that complaints from rail enthusiasts who have been prevented from taking pictures are again on the rise ( RAIL 830).

I have been taking photos and video of trains for 40 years. I first encountered the ‘problem’ immediately after rail privatisation in 1995, when (of all things) a concessionaire accused me of taking snaps of her business to pass to competitors.

This was at Glasgow Central and the lady complaining against me called the British Transport Police, whose best response (even after my reasonable representations that I was not interested in the wretched biscuit stall I was supposed to be taking pictures of) was to move me on, citing the railway byelaw that I was likely to commit a breach of the peace.

When I go out for a day’s pleasure photographing trains, I do not always have the time and inclination to write emails asking for permissions. Random wanderings on the train might take in many trains, stations and locations, and it is not reasonable or possible to anticipate where one might end up taking pictures and ask for written permission in advance.

I accept that if the person(s) in authority rightly cite anti-terror legislation, then one should comply with whatever is asked.

But if we accept this, then we (as citizens and rail photographers) must expect the authorities to train their respective staffs properly (and this must include contract security staff).

Any authority which attempts to enforce the law should make their staff aware of the legal doctrine of

ultra vires (Latin for ‘beyond the power’). As this implies, law enforcement personnel (of any kind) cannot go around trying to enforce laws and rules that do not exist or ones they may think exist.

To me, the one thing that seems to have changed the game is the existence of mobile phones with video, and still camera capability. At my own local main line station (Lancaster) loads of people are crawling all over taking lots of shots of the station - or more likely of themselves, because they are (mainly) students from Lancaster Uni who want a “selfie”.

The other glaring issue is: why have the authorities not taken action against the stupid idiots who are blatantly trespassing near

Flying Scotsman trips and standing on step ladders. They are the soft ‘targets’ who deserve prosecution and chasing, not casual railway fans enjoying a day out.