Yes, it is illegal to take pictures on train tracks anywhere in the United States. Railroad tracks sit on private property, and walking onto them without authorization is criminal trespassing under state law, regardless of whether you’re carrying a camera, posing a couple for engagement photos, or just lining up a quick shot. The Federal Railroad Administration’s position is unambiguous: accessing railroad property anywhere other than a designated crossing is illegal.1Federal Railroad Administration. Trespass Prevention
Railroad Property Extends Far Beyond the Rails
Every foot of railroad track in the country is privately owned. The land a railroad controls, called the right-of-way, reaches well past the rails themselves. Under the original federal land grants, rights-of-way can extend 100 feet from the track centerline on each side, and some corridors run wider still. You can’t tell where railroad property ends by looking at the ground, so the practical rule is simple: if you’re near the tracks and not at a marked road crossing or pedestrian walkway, you’re trespassing.
That includes standing on a trestle, walking down the ballast, setting a tripod between the rails, or stepping off a sidewalk to get a cleaner angle. It doesn’t matter whether a train is in sight or whether you plan to be gone in five minutes.
“Abandoned” Tracks Count Too
Rusty, overgrown, disused-looking tracks are a favorite of photographers who assume no one will care. Two problems. First, tracks that look neglected can still carry occasional traffic. Second, the railroad still owns the land either way. A company doesn’t surrender its right-of-way just because trains have stopped running on a line.
Some out-of-service corridors are “railbanked,” meaning the railroad has let a trail group or agency use the corridor temporarily while reserving the right to restore service. Railbanked corridors are specifically not treated as legally abandoned. The only former rail corridors genuinely open to the public are those formally converted into designated trails.
The Charges Come From State Law
No single federal statute makes railroad trespassing a crime you’d be charged under directly. Instead, 49 U.S.C. § 20151 directs the Secretary of Transportation to study trespassing laws, develop model prevention strategies, and coordinate enforcement.2Office of the Law Revision Counsel. 49 USC 20151 – Railroad Trespassing, Vandalism, and Highway-Rail Grade Crossing Warning Sign Violation Prevention Strategy The actual criminal charge comes from your state’s trespassing statute, and every state has one.
Railroad police are the officers you’re most likely to meet. Under 49 U.S.C. § 28101, officers employed or contracted by a railroad and certified under state law have full police powers wherever the railroad owns property.3Office of the Law Revision Counsel. 49 USC 28101 – Rail Police Officers They share information with the FBI and Department of Homeland Security and patrol rail corridors actively.
Fines, Jail Time, and What Photographers Actually Pay
Railroad trespassing is almost always charged as a misdemeanor, but the ceilings vary a lot by state. The FRA’s model legislation recommends up to $100 in fines and up to 30 days in jail for basic trespassing.4Federal Railroad Administration. Model Legislation for Railroad Trespass and Railroad Vandalism Prevention Many states have gone higher. First-offense fines run from under $100 in some jurisdictions to $1,000 or more in others, and maximum jail terms range from 30 days up to a year. Repeat offenses within a set period can bump the charge class higher, and if the trespass causes property damage, injury, or interference with operations, the charge can escalate well past a simple misdemeanor.
Photographers are not treated as a special case. In documented incidents, photographers running portrait sessions on tracks have been fined for themselves and for their clients. One Texas photographer paid roughly $5,000 in combined fines over an engagement shoot. Posting the images on social media doesn’t help: law enforcement has used those posts to identify and charge trespassers after the fact, so leaving before anyone sees you is not the same as getting away with it.
Why the Rule Is This Strict
Trespassing is the leading cause of all rail-related deaths in the United States.1Federal Railroad Administration. Trespass Prevention A few physical facts most people underestimate:
- A train traveling at 55 mph can take more than a mile to stop. By the time an engineer sees you, there’s effectively nothing they can do.1Federal Railroad Administration. Trespass Prevention
- A train’s body overhangs the rails by three feet or more on each side, so standing beside the tracks is not standing clear.1Federal Railroad Administration. Trespass Prevention
- Trains are quieter than people expect and don’t always sound their horns.
- There’s no fixed schedule. A train can come from either direction at any time.
- Ballast rock and track switches make it easy to stumble or trap a foot.
Someone looking through a viewfinder, posing a subject, or adjusting a light is less aware of all of this than a person simply walking along the tracks, which is already dangerous enough.
Taking Pictures of Trains From Public Property Is Legal
The thing that trips people up: photographing trains is perfectly legal when you do it from public property. The First Amendment protects taking pictures of anything visible from a public space, including passing trains, bridges, and rail yards. Sidewalks, public roads, overpasses, and parks that happen to overlook railroad activity are all fair game.
The line is about where your feet are. You can stand on a public sidewalk and shoot a freight train all afternoon. You cannot step off that sidewalk onto railroad property for a better angle. A few practical notes for shooting from public spaces:
- Give yourself a generous buffer from the tracks. Don’t lean over fences or press up against the edge of railroad land.
- Don’t interfere with operations. Blocking a crossing, shining lights toward an approaching train, or anything that could distract an engineer turns photography into a safety offense.
- Expect to be asked questions. Railroad police and local officers do approach photographers near rail corridors. If you’re on public land and you’re calm about it, the encounter usually ends there.
Legal Ways to Get the Shot
If you want railroad imagery without the legal risk, you have better options than an active or abandoned right-of-way. Public train stations and platforms put you close to passing trains in a controlled, legal setting, and older stations often have the architectural character portrait photographers are after. Railroad museums go further, with restored locomotives, vintage cars, and maintained track sections meant for visitors. Some heritage railroads running excursion trains allow photography during events or scheduled stops.
Converted rail-trails are another route. More than 25,000 miles of former railroad corridors have been turned into public trails, many still lined with old bridges, tunnels, and rail infrastructure. The Rails to Trails Conservancy maintains a searchable database. These corridors are legally public and maintained for safe foot traffic.
Operation Lifesaver, the national rail safety nonprofit that partners with the FRA, tells photographers plainly: never use train tracks for photo shoots.5Operation Lifesaver. Photographer and Filmmaker Safety A criminal trespassing charge, several thousand dollars in fines, and the possibility of a client getting killed are not a trade any image is worth.