Provides that no person operating or controlling any Class I railroad or Class II railroad shall allow the operation of any railroad train or locomotive for the movement of freight unless such railroad train or locomotive has a crew of not less than two individuals; provides exemptions; defines terms; imposes civil penalties.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5639
SPONSOR: Magnarelli TITLE OF BILL:
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;
and providing for the repeal of such provisions upon expiration thereof
PURPOSE:
Prohibits a freight train from being operated unless it has a crew
consisting of at least two individuals.
SUMMARY OF SPECIFIC PROVISIONS:
Section one prohibits any Class I freight railroad, Class I railroad, or
Class II railroad for transporting freight unless there is a crew of no
less than two persons. States that this does not apply to any train or
locomotive engaged in helper or hostling services. Outlines the defi-
nitions of Class I freight railroad, Class I railroad, Class II rail-
road, helper services, and hostling services. States that violators of
these provisions shall be liable to the people of the State for a civil
penalty of no less than two hundred fifty dollars and not more than one
thousand dollars for a first offense, not less than one thousand dollars
nor more than five thousand dollars for a second offense committed with-
in three years, and not less than five thousand dollars nor more than
ten thousand dollars for a third offense and any subsequent offenses
committed within three years.
Section two establishes a severability clause.
Section three establishes the effective date.
JUSTIFICATION:
This bill is intended to protect New Yorkers by requiring trains and
light engines carrying freight within New York to be operated with a
crew of no less than two members. This bill is intended to protect not
only the public, but railroad workers as well. In recent years, new
technology has made railroads safer; however, nothing can replace an
extra set.of eyes and ears when it comes to public safety.
It is nearly impossible for a single operator in an emergency situation
to properly assess the situation, secure the train, and notify police,
fire and other necessary officials all at once.
Currently, the federal government and other states are working on ways
to increase railroad safety, and at this point, nearly 20 states have
introduced or enacted minimum crew legislation. Requiring two-person
crews is a straightforward way of ensuring the safety of our railways
here in New York State.
LEGISLATIVE HISTORY:
2020: A.9090; 2021-2022: A.1287-B
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
The thirtieth day after it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
5639
2023-2024 Regular Sessions
IN ASSEMBLY
March 20, 2023
___________
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; and providing for the repeal of such provisions upon expira-
tion thereof
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, no person operating or controlling any Class I
5 or Class II railroad shall allow the operation of any railroad train or
6 locomotive for the movement of freight in this state unless such rail-
7 road train or locomotive has a crew of not less than two individuals.
8 2. The provisions of subdivision one of this section shall not apply
9 to a railroad train or locomotive engaged in switching service.
10 3. As used in this section, the following terms shall have the follow-
11 ing meanings:
12 (a) "Class I railroad" means a railroad that has been classified as a
13 Class I railroad by the federal surface transportation board in accord-
14 ance with 49 C.F.R. part 1201 section 1-1.
15 (b) "Class II railroad" means a railroad that has been classified as a
16 Class II railroad by the federal surface transportation board in accord-
17 ance with 49 C.F.R. part 1201 section 1-1.
18 (c) "Locomotive" means a self-propelled piece of on-track equipment
19 designed for moving or propelling cars that are designed to carry
20 freight, passengers, or other equipment, but which itself is not
21 designed or intended to carry freight, passengers (other than those
22 operating the locomotive) or other equipment.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10265-01-3
A. 5639 2
1 (d) "Railroad" means a commercial entity that operates locomotives to
2 transport passengers or freight.
3 (e) "Switching service" means the classification of rail cars accord-
4 ing to commodity or destination; assembly of rail cars for train move-
5 ments; changing the position of rail cars for purposes of loading,
6 unloading or weighing; placing of locomotives and rail cars for repair
7 or storage; or moving of rail equipment in connection with work service
8 that does not constitute train movement.
9 (f) "Train" means one or more locomotives, coupled with or without
10 cars.
11 4. A violation of the provisions of subdivision one of this section
12 shall be punishable by a civil penalty in an amount of not less than two
13 hundred fifty dollars nor more than one thousand dollars for a first
14 violation; for a second violation both of which were committed within a
15 period of three years by a civil penalty of not less than one thousand
16 dollars nor more than five thousand dollars; and for a third or subse-
17 quent violation all of which were committed within a period of three
18 years, by a civil penalty of not less than five thousand dollars nor
19 more than ten thousand dollars.
20 § 2. Severability. If any clause, sentence, subdivision, paragraph,
21 section or part of this act be adjudged by any court of competent juris-
22 diction to be invalid, or if any federal agency determines in writing
23 that this act would render New York state ineligible for the receipt of
24 federal funds, such judgment or written determination shall not
25 affect, impair or invalidate the remainder thereof, but shall be
26 confined in its operation to the clause, sentence, subdivision, para-
27 graph, section or part thereof directly involved in the controversy in
28 which such judgment or written determination shall have been rendered.
29 § 3. This act shall take effect on the thirtieth day after it shall
30 have become a law; provided, however, that this act shall expire and be
31 deemed repealed if any federal agency determines in writing that this
32 act would render New York state ineligible for the receipt of federal
33 funds or any court of competent jurisdiction finally determines that
34 this act would render New York state out of compliance with federal law
35 or regulation; provided, further, that the commissioner of transporta-
36 tion shall notify the legislative bill drafting commission upon the
37 occurrence of the provisions of section two of this act in order that
38 the commission may maintain an accurate and timely effective data base
39 of the official text of the laws of the state of New York in furtherance
40 of effectuating the provisions of section 44 of the legislative law and
41 section 70-b of the public officers law. Effective immediately, the
42 addition, amendment and/or repeal of any rule or regulation necessary
43 for the implementation of this act on its effective date are authorized
44 to be made and completed on or before such effective date.
