Bill Text: NY A09090 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires any Class I freight railroad, Class I railroad or Class II railroad for transporting freight which operates a train or locomotive in this state to have a crew size of not less than two persons.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2020-01-17 - referred to transportation [A09090 Detail]
Download: New_York-2019-A09090-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9090 IN ASSEMBLY January 17, 2020 ___________ Introduced by M. of A. MAGNARELLI -- read once and referred to the Committee on Transportation AN ACT to amend the railroad law, in relation to requiring certain trains and locomotives to have a crew size of not less than two persons The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The railroad law is amended by adding a new section 63-a to 2 read as follows: 3 § 63-a. Minimum crew size. 1. Except as otherwise provided in subdivi- 4 sion two of this section, any Class I freight railroad, Class I railroad 5 or Class II railroad for transporting freight which operates a train or 6 locomotive in this state, and any officer of such a railroad, shall 7 ensure that the train or locomotive contains a crew of not less than two 8 persons. 9 2. The provisions of subdivision one of this section do not apply to a 10 train or locomotive engaged in helper or hostling services. 11 3. As used in this section: 12 (a) "Class I freight railroad" has the meaning ascribed to it in 40 13 C.F.R. § 1033.901. 14 (b) "Class I railroad" has the meaning ascribed to it in 40 C.F.R. § 15 1033.901. 16 (c) "Class II railroad" has the meaning ascribed to it in 40 C.F.R. § 17 1033.901. 18 (d) "Helper services" includes connecting a locomotive to the front or 19 back of a train to assist the train in ascending or descending a grade. 20 (e) "Hostling services" includes moving a train or locomotive a short 21 distance in a railroad yard or mechanical facility. 22 4. A person who violates the provisions of this section shall be 23 liable to the people of the state for a civil penalty in an amount of 24 not less than two hundred fifty dollars nor more than one thousand 25 dollars for a first offense, not less than one thousand dollars nor more 26 than five thousand dollars for a second offense committed within three 27 years, and not less than five thousand dollars nor more than ten thou- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13319-02-9A. 9090 2 1 sand dollars for a third offense and any subsequent offenses committed 2 within three years. 3 § 2. This act shall take effect on the thirtieth day after it shall 4 have become a law.