Rail banking

Michael M. Marcum · 08-28-2014, 09:22 AM

Hello. I live in Indiana and from what I understand Segway’s use the same rules as bicycles. I have been riding on a trail near my home for over a year. Recently I was stopped by someone who was inspecting the trail and was told that Segway’s were no allowed. He said reason was that the trail was on a rail bank path and therefore state law did not matter because the trail was federal property.
I have done a lot of web searching on this and have not found any useful information. Most of what I have found pertained to people with disabilities.
I was wondering if anyone else has had a similar experience or any information on how rail banking works.
Thanks
Mike

Lily Kerns · 08-28-2014, 10:42 AM

Quote:

Originally Posted by Michael M. Marcum

Hello. I live in Indiana and from what I understand Segway’s use the same rules as bicycles. I have been riding on a trail near my home for over a year. Recently I was stopped by someone who was inspecting the trail and was told that Segway’s were no allowed. He said reason was that the trail was on a rail bank path and therefore state law did not matter because the trail was federal property.
I have done a lot of web searching on this and have not found any useful information. Most of what I have found pertained to people with disabilities.
I was wondering if anyone else has had a similar experience or any information on how rail banking works.
Thanks
Mike

Have you tried a large public library to help you research information on who would have jurisdiction over that type of property? The one we were in in Fort Wayne this summer was pretty impressive. I've found that research librarians in general are pretty awesome...

JohnG · 08-28-2014, 12:02 PM

Unless there was a specific reason to make it so, most rail trails are not federal property or regulated by federal laws. What an odd claim for someone to make...

dudeman1961 · 08-28-2014, 04:56 PM

Try <railstortrails.org>

Their site has great maps and info
on who may manage your trail.

Good luck!

Civicsman · 08-29-2014, 12:26 PM

"In 1983, Congress passed what is now known as the federal Rails-To-Trails law codified as 16 U.S.C. 1247(d). The federal law took the property rights of property owners throughout the United States for rail trails."

The Surface Transportation Board has the responsibility.

It could be different for any specific right-of-way, but it seems clear that the feds have at least some control over those "banked" conversions. If so, like federal parks, they can impose whatever controls they wish.

Three minutes in Google, tops.

JohnG · 08-29-2014, 05:14 PM

It's a moot issue -- the federal government doesn't police rail trails, the local police department does. And they aren't going to enforce a federal law that I don't even think exists (no Segways on rail trails).

noalox · 08-29-2014, 06:48 PM

Quote:

Originally Posted by JohnG

And they aren't going to enforce a federal law that I don't even think exists (no Segways on rail trails).

Isn't that where we are with the national parks? The Feds have not passed any legislation so the interpretation is that if there is no law they must be banned. Crazy, but consistent.

Michael M. Marcum · 08-29-2014, 06:55 PM

Hello again, thanks for the replies. The man that spoke to me said something along the lines of, you have been seen on the trail and we have talked about it in our meetings. I mentioned that it was my understanding that Segway’s were treated like bicycles in Indiana. He said that it was a rail bank trail, which is privately owned and under Federal law and that state law did not apply. I said I would look it up and he said I could look it up if I wanted but he knew what he was talking about.
During the searching I have done I found that the trail was primarily built with state funds and is tax exempt.

Again, thanks for the information.

A link about the state money.

http://indianaeconomicdigest.com/mai...836&TM=4367.72

noalox · 08-29-2014, 07:00 PM

Do you have a contact for the man? Should ask for the reference to the law he is referring to. Would be good for all of us to know.

dudeman1961 · 08-30-2014, 12:11 AM

http://www.traillink.com/trail/nickel-plate-trail.aspx

The link to the official trail website lists the officers and looks really informative.
posted 'Trail Rule':
"• No motorized vehicles. The trail is intended for pedestrian and bicycle traffic only."

from 2005, about Indiana: http://forums.segwaychat.org/archive...p/t-10836.html
electric personal assistive mobility devices and 'electric bikes' are covered.

Otherr, sevond party analysis (see flowchart @ bottom of page):
http://www.americantrails.org/resour...icy-OPDMD.html

08-28-2014, 09:22 AM	#1
Michael M. Marcum Junior Member Join Date: Feb 2004 Location: kokomo, Indiana, USA. Posts: 15	Rail banking Hello. I live in Indiana and from what I understand Segway’s use the same rules as bicycles. I have been riding on a trail near my home for over a year. Recently I was stopped by someone who was inspecting the trail and was told that Segway’s were no allowed. He said reason was that the trail was on a rail bank path and therefore state law did not matter because the trail was federal property. I have done a lot of web searching on this and have not found any useful information. Most of what I have found pertained to people with disabilities. I was wondering if anyone else has had a similar experience or any information on how rail banking works. Thanks Mike

08-28-2014, 12:02 PM	#3
JohnG Uber Administrator Wise Segway Elder Join Date: Sep 2002 Location: Greater Boston Posts: 6,996	Unless there was a specific reason to make it so, most rail trails are not federal property or regulated by federal laws. What an odd claim for someone to make... __________________ -- An original Segway employee, 2001-2005

08-28-2014, 04:56 PM	#4
dudeman1961 Member Join Date: Jan 2013 Location: Vancouver, WA Posts: 122	Rails to Trails Try <railstortrails.org> Their site has great maps and info on who may manage your trail. Good luck! Last edited by dudeman1961; 08-28-2014 at 04:58 PM.. Reason: Syntax error

08-29-2014, 05:14 PM	#6
JohnG Uber Administrator Wise Segway Elder Join Date: Sep 2002 Location: Greater Boston Posts: 6,996	It's a moot issue -- the federal government doesn't police rail trails, the local police department does. And they aren't going to enforce a federal law that I don't even think exists (no Segways on rail trails). __________________ -- An original Segway employee, 2001-2005

08-30-2014, 12:11 AM	#10
dudeman1961 Member Join Date: Jan 2013 Location: Vancouver, WA Posts: 122	Tril on 'railstotrails' http://www.traillink.com/trail/nickel-plate-trail.aspx The link to the official trail website lists the officers and looks really informative. posted 'Trail Rule': "• No motorized vehicles. The trail is intended for pedestrian and bicycle traffic only." from 2005, about Indiana: http://forums.segwaychat.org/archive...p/t-10836.html electric personal assistive mobility devices and 'electric bikes' are covered. Otherr, sevond party analysis (see flowchart @ bottom of page): http://www.americantrails.org/resour...icy-OPDMD.html Last edited by dudeman1961; 08-30-2014 at 12:34 AM..

08-29-2014, 12:26 PM	#5
Civicsman Senior Member Join Date: Jul 2007 Location: Freedonia! Posts: 1,703	"In 1983, Congress passed what is now known as the federal Rails-To-Trails law codified as 16 U.S.C. 1247(d). The federal law took the property rights of property owners throughout the United States for rail trails." The Surface Transportation Board has the responsibility. It could be different for any specific right-of-way, but it seems clear that the feds have at least some control over those "banked" conversions. If so, like federal parks, they can impose whatever controls they wish. Three minutes in Google, tops.

08-29-2014, 06:55 PM	#8
Michael M. Marcum Junior Member Join Date: Feb 2004 Location: kokomo, Indiana, USA. Posts: 15	Hello again, thanks for the replies. The man that spoke to me said something along the lines of, you have been seen on the trail and we have talked about it in our meetings. I mentioned that it was my understanding that Segway’s were treated like bicycles in Indiana. He said that it was a rail bank trail, which is privately owned and under Federal law and that state law did not apply. I said I would look it up and he said I could look it up if I wanted but he knew what he was talking about. During the searching I have done I found that the trail was primarily built with state funds and is tax exempt. Again, thanks for the information. A link about the state money. http://indianaeconomicdigest.com/mai...836&TM=4367.72

08-29-2014, 07:00 PM	#9
noalox Member Join Date: Aug 2010 Location: Wisconsin Posts: 177	Do you have a contact for the man? Should ask for the reference to the law he is referring to. Would be good for all of us to know.

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