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S03953 Summary:

BILL NOS03953
 
SAME ASNo Same As
 
SPONSORKENNEDY
 
COSPNSRBORRELLO, RYAN
 
MLTSPNSR
 
Add §63-a, Rail L
 
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.
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S03953 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3953
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    February 1, 2021
                                       ___________
 
        Introduced by Sens. KENNEDY, BORRELLO -- read twice and ordered printed,
          and when printed to be committed 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01826-01-1

        S. 3953                             2
 
     1  dollars for a first offense, not less than one thousand dollars nor more
     2  than  five  thousand dollars for a second offense committed within three
     3  years, and not less than five thousand dollars nor more than  ten  thou-
     4  sand  dollars  for a third offense and any subsequent offenses committed
     5  within three years.
     6    § 2. This act shall take effect on the thirtieth day  after  it  shall
     7  have become a law.
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