Assembly Bill A10086

2013-2014 Legislative Session

Increases fines for obstructed farm and highway crossings

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A10086 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Railroad Law
Laws Affected:
Amd §53-c, Rail L
Versions Introduced in Other Legislative Sessions:
2015-2016: A3307
2017-2018: A2710
2019-2020: A308

2013-A10086 (ACTIVE) - Summary

Increases fines for obstructed farm and highway crossings.

2013-A10086 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10086

                          I N  A S S E M B L Y

                              June 12, 2014
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of M. of A. Steck, Fahy,
  McDonald,  Santabarbara) -- read once and referred to the Committee on
  Transportation

AN ACT to amend the railroad law, in relation to  increasing  fines  for
  obstructed farm and highway crossings

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 53-c of the railroad law, as added by  chapter  845
of the laws of 1972, is amended to read as follows:
  S  53-c.  Obstructing  farm and highway crossings.   1. Any officer or
employee of a railroad corporation who shall intentionally OR RECKLESSLY
obstruct, and any owner, officer or employee of a  railroad  corporation
who shall intentionally OR RECKLESSLY cause to be obstructed any farm or
highway  crossing  with any locomotive, train or car for a longer period
than five consecutive minutes is guilty of a violation  which  shall  be
punishable  by  a  fine  of  not  more  than [one hundred] FIVE THOUSAND
dollars or imprisonment for not more than fifteen days or by  both  such
fine  and  imprisonment  FOR THE FIRST INSTANCE, A FINE OF NOT MORE THAN
TWENTY-FIVE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT MORE  THAN  FIFTEEN
DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT FOR THE SECOND INSTANCE, OR A
FINE  OF NOT MORE THAN SEVENTY-FIVE THOUSAND DOLLARS OR IMPRISONMENT FOR
NOT MORE THAN FIFTEEN DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT FOR THE
THIRD INSTANCE. SUCH FINES SHALL BE BORNE BY THE OWNER OF  THE  RAILROAD
CORPORATION  FOUND  IN  VIOLATION OF THIS SECTION.   Notwithstanding the
foregoing provisions of this section  or  any  local  ordinance  to  the
contrary,  no  owner,  officer or employee of a railroad corporation who
obstructs, or causes to be obstructed,  any  farm  or  highway  crossing
shall  be  subject  to  any  civil, criminal or other penalty where such
person has no control over the  situation  causing  the  obstruction  or
where  the  locomotive, train or car cannot be moved without endangering
the safety of the passengers, the public or freight.
  2. FOR PURPOSES OF THIS SECTION "HIGHWAY" SHALL MEAN THE ENTIRE  WIDTH
BETWEEN  THE  BOUNDARY  LINES  OF EVERY WAY PUBLICLY MAINTAINED WHEN ANY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15435-02-4

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