Can You Be Arrested for Walking on Railroad Tracks?

Railroad tracks are not public walkways. They are privately owned infrastructure, and unauthorized access is a federal and state offense in most jurisdictions.

Key points:

• Railroad tracks are private property — not public paths
• Trespassing on railroad property is a criminal offense in nearly every state
• Federal law also applies in many situations
• Enforcement varies, but arrests do happen

Related: Is trespassing a felony or misdemeanor? | Penalty for trespassing first offense

Walking on railroad tracks is illegal when:

You are on active railroad right-of-way without authorization. Railroad corridors are owned by companies like CSX, Union Pacific, BNSF, and Amtrak. Property rights extend beyond the rails themselves.

Federal law applies. Under 49 U.S. Code § 21701, it is a federal violation to walk on or along railroad tracks without lawful authority. Federal penalties can apply in addition to state charges.

State trespassing laws are triggered. Every U.S. state has trespassing statutes that apply to railroad property. See: is trespassing a felony or misdemeanor?

You ignore warning signs or barriers. Fences and "No Trespassing" signs are legally sufficient notice. See also: entering vacant commercial buildings and walking through private property.

There are limited situations where being near railroad-related areas is lawful:

Designated public crossings. Public road crossings over railroad tracks are legal to use. The crossing area itself — not the tracks in either direction — is the permitted zone.

Authorized personnel. Railroad employees, contractors, emergency responders, and government inspectors may access tracks as part of official duties.

Explicit permission. Film productions and researchers sometimes obtain written permission from the railroad company. This is rare but possible.

For comparison, see: riding ATVs on private property without permission — similar consent rules apply.

Penalties depend on state law and circumstances:

Civil infraction / citation:

• Fines from $50 to $500 in many states
• Similar to a traffic ticket in some jurisdictions

Criminal trespassing (misdemeanor):

• Fines up to $1,000
• Up to 6–12 months in jail depending on the state

Federal violation (49 U.S.C. § 21701):

• Fines up to $250 per offense
• Can be issued alongside state charges

Aggravated situations:

• If you interfere with railroad operations or cause a safety hazard, felony charges are possible
• Vandalism of railroad property can carry felony penalties

In practice, outcomes vary by location and circumstances:

Warning or citation: In many areas, first-time offenders — especially those who appear to be walking or exploring — receive a verbal warning or a written citation rather than immediate arrest.

Arrest: Repeat offenders, those who ignore orders to leave, or those near high-traffic corridors are more likely to be arrested. Railroad police (special agents with full law enforcement authority) actively patrol tracks in many regions.

Railroad police: Major railroads employ their own police forces. These officers have jurisdiction on railroad property and can arrest, cite, and detain trespassers without involving local police.

Safety incidents: Hundreds of people are killed each year on railroad tracks in the U.S. Trespass-related fatalities are a major concern for both railroads and law enforcement, which is why enforcement has increased in many areas.

• Never walk on or along railroad tracks — even if they appear inactive. Trains run quietly and faster than most people expect.
• Use designated road crossings only when crossing a railroad.
• If you need access for professional reasons, contact the railroad company directly to request authorization.
• Obey all signs and barriers near railroad property. See: what happens for a first trespassing offense
• Understand trespassing law broadly — is trespassing a felony or misdemeanor? | is it illegal to walk through private property? | entering vacant buildings
• Other public-space laws to know: is jaywalking illegal? | is sleeping in your car illegal? | is dumpster diving illegal?