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