Requires railroad corporations to conduct a comprehensive safety inspection when a freight train is parked in a train yard prior to traveling on tracks within the state including, but not be limited to, a review of tracks, safety equipment, including brakes, and train cars.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8040
SPONSOR: McMahon TITLE OF BILL:
An act to amend the railroad law, in relation to requiring railroad
corporations to conduct a comprehensive safety inspection when a freight
train is parked in a train yard prior to traveling on tracks within the
state
PURPOSE OR GENERAL IDEA OF BILL::
Requires railroad corporations to conduct a comprehensive safety
inspection when a freight train is parked in a train yard prior to trav-
eling on tracks within the state.
SUMMARY OF PROVISIONS::
Section 1. Amends the railroad law by adding a new section 72-a, to
require that every railroad corporation which operates any freight train
within the state shall conduct a comprehensive safety inspection when a
freight train is parked in a train yard prior to traveling on tracks
within the state. Such safety inspection shall include, but not be
limited to, a review of tracks, safety equipment, including brakes, and
train cars. Section one establishes that every railroad corporation
which operates any freight train within the state shall have a minimum
of two qualified car inspectors on either side of a freight train as it
leaves a rail yard to observe for safety issues.
Section 2. Effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Click here to enter text.
JUSTIFICATION::
The East Palestine train derailment has highlighted the importance of
implementing stricter regulations and oversight of our rail systems.
This legislation requires every railroad corporation which operates a
freight train within the state to conduct a comprehensive safety
inspection when a freight train is parked in a train yard prior to trav-
eling on tracks and requires corporations to have a minimum of two qual-
ified car inspectors on either side of a train as it leaves a rail yard
to observe for safety issues. The State has a responsibility to protect
residents and localities from a potentially life-threatening incident.
The enactment of this legislation will play an essential role in
protecting the public as well as rail employees within the State.
PRIOR LEGISLATIVE HISTORY::
2024: S.6923/A.10360 - Referred to Transportation
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS::
To be determined.
EFFECTIVE DATE::
On the thirtieth day after it shall have become a law. Effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.
STATE OF NEW YORK
________________________________________________________________________
8040
2025-2026 Regular Sessions
IN ASSEMBLY
April 22, 2025
___________
Introduced by M. of A. McMAHON -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the railroad law, in relation to requiring railroad
corporations to conduct a comprehensive safety inspection when a
freight train is parked in a train yard prior to traveling on tracks
within the state
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 72-a to
2 read as follows:
3 § 72-a. Freight train inspections. 1. Every railroad corporation which
4 operates any freight train within the state shall conduct a comprehen-
5 sive safety inspection when a freight train is parked in a train yard
6 prior to traveling on tracks within the state. Such safety inspection
7 shall include, but not be limited to, a review of tracks, wheels, safety
8 equipment, including brakes and bearings, and train cars. The depart-
9 ment of transportation shall compare such safety inspection results with
10 the inspection the railroad corporation conducted prior to originating
11 the entire planned trip.
12 2. Every railroad corporation which operates any freight train within
13 the state shall have a minimum of two qualified car inspectors on either
14 side of a freight train as it leaves a rail yard to observe for safety
15 issues.
16 3. The commissioner shall promulgate all rules and regulations neces-
17 sary for the implementation of this section.
18 § 2. This act shall take effect on the thirtieth day after it shall
19 have become a law; provided, further, that this act shall be deemed
20 repealed if any federal agency determines in writing that this act would
21 render New York state ineligible for the receipt of federal funds or any
22 court of competent jurisdiction finally determines that this act would
23 render New York state out of compliance with federal law or regulation;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03019-03-5
A. 8040 2
1 and provided, further, that the commissioner of transportation shall
2 notify the legislative bill drafting commission upon the occurrence of
3 such determination in order that the commission may maintain an accurate
4 and timely effective data base of the official text of the laws of the
5 state of New York in furtherance of effectuating the provisions of
6 section 44 of the legislative law and section 70-b of the public offi-
7 cers law. Effective immediately, the addition, amendment and/or repeal
8 of any rule or regulation necessary for the implementation of this act
9 on its effective date are authorized to be made and completed on or
10 before such effective date.
