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
2021-2022 Regular Sessions
February 1, 2021
Introduced by Sens. KENNEDY, BORRELLO, RYAN -- read twice and ordered
printed, and when printed to be committed to the Committee on Trans-
portation -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
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-
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
S. 3953--A 2
1 designed or intended to carry freight, passengers (other than those
2 operating the locomotive) or other equipment.
3 (d) "Railroad" means a commercial entity that operates locomotives to
4 transport passengers or freight.
5 (e) "Switching service" means the classification of rail cars accord-
6 ing to commodity or destination; assembly of rail cars for train move-
7 ments; changing the position of rail cars for purposes of loading,
8 unloading or weighing; placing of locomotives and rail cars for repair
9 or storage; or moving of rail equipment in connection with work service
10 that does not constitute train movement.
11 (f) "Train" means one or more locomotives, coupled with or without
13 4. A violation of the provisions of subdivision one of this section
14 shall be punishable by a civil penalty in an amount of not less than two
15 hundred fifty dollars nor more than one thousand dollars for a first
16 violation; for a second violation both of which were committed within a
17 period of three years by a civil penalty of not less than one thousand
18 dollars nor more than five thousand dollars; and for a third or subse-
19 quent violation all of which were committed within a period of three
20 years, by a civil penalty of not less than five thousand dollars nor
21 more than ten thousand dollars.
22 § 2. Severability. If any clause, sentence, subdivision, paragraph,
23 section or part of this act be adjudged by any court of competent juris-
24 diction to be invalid, or if any federal agency determines in writing
25 that this act would render New York state ineligible for the receipt of
26 federal funds, such judgment or written determination shall not affect,
27 impair or invalidate the remainder thereof, but shall be confined in its
28 operation to the clause, sentence, subdivision, paragraph, section or
29 part thereof directly involved in the controversy in which such judgment
30 or written determination shall have been rendered.
31 § 3. This act shall take effect on the thirtieth day after it shall
32 have become a law and shall expire and be deemed repealed if any federal
33 agency determines in writing that this act would render New York state
34 ineligible for the receipt of federal funds or any court of competent
35 jurisdiction determines that this act would render New York state out of
36 compliance with federal law or regulation; provided that the commission-
37 er of transportation shall notify the legislative bill drafting commis-
38 sion upon the occurrence of any federal agency determination in writing
39 that this act would render New York state ineligible for the receipt of
40 federal funds or any court of competent jurisdiction determines that
41 this act would render New York state out of compliance with federal law
42 or regulation in order that the commission may maintain an accurate
43 and timely effective data base of the official text of the laws of the
44 state of New York in furtherance of effectuating the provisions of
45 section 44 of the legislative law and section 70-b of the public offi-
46 cers law. Effective immediately, the addition, amendment and/or
47 repeal of any rule or regulation necessary for the implementation of
48 this act on its effective date are authorized to be made and completed
49 on or before such effective date.