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.
                                                                   LBD13319-02-9

        A. 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.
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