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.
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.
