Told to shut radio off or get off train.

[slapshot0017]

On my trip to D.C. today I ran into a little problem.

As I was on the train today the conductor asked me if I worked for Amtrak while I was listening, I said no, but told him I have an FCC License that allows me to listen and own said radio. He then threatened to throw me off the train if I wouldn't turn it off.

Can an Amtrak conductor legally tell an amateur radio operator to cease monitoring of the railroad frequencies because they are uncomfortable? And then threaten the passenger to be removed from the train?

Anyone have any advice on what to do in this situation?

 

[burner50]

The conductor carries a big stick.

On that train, you're under his control. Once he says off my train, your options are to get off or be removed. As far as tossing you off for listening to a radio, I need more information. Were you listening on an earpiece? You might find out that he was wrong, but you'll be standing at a greyhound station when you do.

It is too bad that he had to be like that.

 

[slapshot0017]

No it wasn't just out in the open.

I can totally understand where its coming from too. Its today's paranoia and I'm ok with that because what if they're was a crazy person just like me listening. My only argument though is that even as a licensed amateur why people have to be like that is beyond me. My friend sitting next to me just said I could just go on my phone right now and find the internet feed.

So I obviously complied because I want to get to D.C. ,but I would like to be more educated if it happens again. I am going to school to be a civil engineer to work in the railroads. I wonder what he would have said if I worked in the road department of a railroad other than Amtrak.

 

[burner50]

Listening doesn't make someone crazy. And there isn't jack you can do by listening to the radio of a train you happen to be aboard.

If I want to have a private conversation with my engineer, we have code words that tell each other what channel to go to, or I drop my tx power on my radio.

 

[slapshot0017]

I mean there's some things you can find out I guess if you really listen.

All I know is that it is out of paranoia.

Guess Ill just buy that blue tooth adapter I was looking at and not make it so publicly known next time.

I also think he thought maybe the radio was transmit capable, which I mean obviously every radio is, but I obviously have them disabled or I'd actually be breaking the law.

 

[burner50]

I mean there's some things you can find out I guess if you really listen.



All I know is that it is out of paranoia.



Guess Ill just buy that blue tooth adapter I was looking at and not make it so publicly known next time.



I also think he thought maybe the radio was transmit capable, which I mean obviously every radio is, but I obviously have them disabled or I'd actually be breaking the law.

It is not illegal to have on TX capable... It is only illegal to Transmit without permission, or on unapproved equipment. Having a ham license doesn't legally enable you to have the radio. You don't need a law to talk you what you can own... For the most part. Some states / municipalities are different, and I'm just glad I don't live in commie land states like those.

 

[slapshot0017]

Haha after school I'm out of here!

Yes I know that by law degrading and causing harmful transmissions over the air is illegal. I had to memorize it for the test. I just have them disabled because if one of my idiot friends decides to pick it up and be like Oooo I want to talk and they'll just here the beep.

And I know, but it just gives a better reason for why I have it.

I don't like conflict, but when someone takes away your right it hurts. It's honestly never happened to me before. It just baffles me how some people could be so harsh about it too. Oh well ill know next time.

 

[FrensicPic]

On my trip to D.C. today I ran into a little problem.

As I was on the train today the conductor asked me if I worked for Amtrak while I was listening, I said no, but told him I have an FCC License that allows me to listen and own said radio. He then threatened to throw me off the train if I wouldn't turn it off.

Can an Amtrak conductor legally tell an amateur radio operator to cease monitoring of the railroad frequencies because they are uncomfortable? And then threaten the passenger to be removed from the train?

Anyone have any advice on what to do in this situation?

This wont solve the situation you presented with the conductor but, having an "FCC license" has nothing to do with monitoring/listening (scanner or HT).

 

[jim202]

On my trip to D.C. today I ran into a little problem.

As I was on the train today the conductor asked me if I worked for Amtrak while I was listening, I said no, but told him I have an FCC License that allows me to listen and own said radio. He then threatened to throw me off the train if I wouldn't turn it off.

Can an Amtrak conductor legally tell an amateur radio operator to cease monitoring of the railroad frequencies because they are uncomfortable? And then threaten the passenger to be removed from the train?

Anyone have any advice on what to do in this situation?

What you haven't told us is was the speaker live or were you using an ear bud? If the speaker was live and could be heard by others, then you deserve what ever rath came your way. It is always better to run covert and not let those around you hear what your trying to listen to.

 

[WB4CS]

Unless I missed someone else already saying it, the answer is "yes, he can throw you off the train."

An Amateur Radio license (and owning a radio) is a privilege, not a right. This means there are circumstances where you can be told to turn off the radio "or else."

The Amtrack train is private owned property, owned by Amtrack. This means they set the rules and you as a visitor (customer) must follow their rules, or get out. If you came over to my house and I said "Hey, I don't want you smoking a cigarette in my house, put it out or get out." Either you adhere to my rules or I have a legal right to ask you to leave. This is the same principal with a business, you follow their rules or get out.

 

[cifd64]

I agree with Jim on this. I equate it to the dweebs talking on their cell phones or iPods at max volume. If it causes any issue, whether personal, unintentional or otherwise, the conductor is the person in charge of that train. I have seen people thrown off the LIRR for less.

I am sure his/her intent was not to infringe on your right.

 

[DaveNF2G]

OT correction

It is not illegal to have on TX capable...

Yes, it is, as has been pointed out with citations in other threads.

 

[Darth_vader]

"Can an Amtrak conductor legally tell an amateur radio operator to cease monitoring of the railroad frequencies because they are uncomfortable? Then threaten the passenger to be removed from the train?"

'Course he can. The conductor's in charge; he calls the shots. It's no different than how the manager of a restaurant can ask you to leave if you're using a cell phone, even if it's to listen to a recording through earphones, or how the foreman at a factory can restrict or prohibit photography on company property. A commercial passenger train, even within the confines of its rolling stock, is considered a place of business and technically considered private property as such, therefore, its patrons are expected to abide by the rules of conduct set forth by management.

Follow the rules or get kicked off the train. Yes, it's just that simple.

"My only argument though is that, even as a licenced amateur radio operator, why people have to be like that is beyond me."

A HAM ticket does not make its holder a superiour being. All it does is certify that its holder is legally permitted to transmit in certain ways on certain groups of radio frequencies, nothing else. It does not grant him any special privileges or elevated social status, does not exempt him from the rules and laws everybody else is expected to follow and can not grant him any immunity from the consequences of breaking them. I say this not out of my usual bias, but because I know a number of people (even a couple GMRS permittees) who delusionally believe otherwise and it annoys me slightly.

 

[w2xq]

Wirelessly posted (Moto Droid Bionic: Mozilla/5.0 (Linux; U; Android 4.1.2; en-us; DROID BIONIC Build/9.8.2O-72_VZW-22) AppleWebKit/534.30 (KHTML, like Gecko) Version/4.0 Mobile Safari/534.30)

Reads like paranoia to me. No problems for us in the sleepers on the Capitol Unlimited, California Zepher and Cardinal. On most trips Amtrak staff quite interested (especially on enroute delays), conductor answered our questions, and we learned quite a bit. Earpiece a good idea in coach though, regardless of the radio or phone used.

 

[slapshot0017]

It was out loud, but I have never had a problem on the train before.

The part that really bothered me the most was that he asked me about it when he took my ticket and had no problem with it then. He the came back to threaten me after the fact.

I have friends in Amtrak who said that the crews between New York to D.C. are jerks (to put it nicely) to begin with. They told me to send a letter to Amtrak about it.

I also rode MARC back to my girlfriends after my day was done in D.C. and the only problem I had was my bag was partially in the way. I had my radio in my hand with it recieving when he said that too and then just went about his business.

With regards to having an amteur license I mean't it in the way that I have the knowledge to radio interworkings and the laws of the land. I don't think if it like a get of jail free card.

I guess I'm just going to buy that blue tooth device I was looking at so theres not even a chance for conflict.

 

[SCPD]

Lol just a thought a letter to amtrak= receiving business man/woman= looks like we need to look at that security feature on these nxdn radios. Lol not on roads but other channels obviously. I'd wear a ear piece. And to be honest it's usually easier to carry under shirt on belt and run the earbud up under shirt. I always wondered how much a two way could agitate certain situations being visible.

 

[SCPD]

It's possible there was complaints and the conductor was responding to those. You should take that into consideration before writing a letter making someone who is a decent worker feel miserable. You must remember he deals with allot on daily basis as conductor. I'm sure the quick words of turn it off or get off is a must as please don't work well now days with allot of people.

 

[bfperez]

The Amtrack train is private owned property, owned by Amtrack. This means they set the rules and you as a visitor (customer) must follow their rules, or get out. If you came over to my house and I said "Hey, I don't want you smoking a cigarette in my house, put it out or get out." Either you adhere to my rules or I have a legal right to ask you to leave. This is the same principal with a business, you follow their rules or get out.

Amtrak is a publicly funded venture that operates as a for-profit entity. We the people pretty much own it.

It would be nice to see if they have a policy against it or not.

 

[FFPM571]

Ear bud and a radio under your jacket would negate any problems. The radio blaring out loud is just obnoxious someone probably took offence. When I go to a public event and monitor I have my XTS under my shirt and the earphone up under it. Ham or not it doesn't matter. Its like listening to a loudmouth on a cell phone.

 

[slapshot0017]

Yea like I said I've never had a problem and it wasn't loud. I've done the discrete thing before I just didnt think to do it because the train was empty. If it wasnt mentioned above I took a 5 am train.

I'm not writing the letter my friend is and its because of the way the conductor handled the situation. He threatened us, not asked, threatned. We were actually quite shocked because normally they are polite about it. He said "You turn that radio of now or I'm throwing you off the train." I'm not exaggerating or leaving parts out. Thats all he said, no warning, nothing, that was it.