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.
STATE OF NEW YORK
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9090
IN ASSEMBLY
January 17, 2020
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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.
