Assembly Bill A3559

                                BILL NUMBER:A3559A            REPLACEMENT 5/12/10

TITLE  OF BILL:  An act to amend the public authorities law, in relation
to requiring the New York city transit authority to have  at  least  one
conductor on board

PURPOSE:    To  require  a Conductor on board any passenger subway train
with two or more cars operated by the New York City  Transit  Authority,
in order to maintain an acceptable standard of safety for passengers and
reduce  potential  increased liability cost that could arise from imple-
mentation of One Person Train Operation.

SUMMARY OF SPECIFIC PROVISIONS:  To add a new section  (1205-b)  to  the
Public  Authorities Law, to prohibit the operation of a subway passenger
train without a conductor. A "conductor" shall be defined as the  person
other  than  the  train operator/engineer who assist in the operation of
the train and is primarily charged with opening and  closing  the  doors
and  all other aspects of the operation of the train. The new provisions
require a conductor on all subway trains which carry passengers and have
two or more cars attached.

JUSTIFICATION:  The subway system is the heart and soul  of  transporta-
tion for New York City, where millions of commuters, residents and tour-
ists  alike,  depend  on the NYCTA for their daily transportation to and
from work, and their daily activities.

              

Presently, the subway system, 648 miles of tracks running  through  four
boroughs,  includes  469 stations, many with curved platforms where each
day, millions of passengers board and exit from trains, some as long  as
10 cars, every day.

Each  passenger  train,  as  per  rule 97(r) NYCTA rules and regulations
currently requires a conductor on board. The conductor is part of a  two
person  team  which operates the train. The other person is the engineer
or motorman who drives the train from station to station.  The conductor
opens and closes the doors, oversees the safe entering and detraining of
passengers, and the safe departure of trains from the station.  TA  rule
requires  conductors  to  observe  the  doors  of their trains until the
trains have reached the end of the station platform 'or have traveled at
least three car lengths. In stations with curved platforms the observing
eyes of the conductor is even more important.

The NYCTA is in the process of implementing One Person  Train  Operation
(OPTO),  ostensibly  to  save  money, but there are substantial evidence
that OPTO could instead end up as a "penny wise  pound  foolish"  exper-
iment  that  will only eliminate jobs and compromise the safety of those
who must ride the trains.

In reviewing the NYCTA's proposal, the TA's own System Safety  officials
expressed  serious  concerns  about  several  hazards  that could not be
satisfactorily resolved to meet acceptable safety standards.

They include:

(a) Absence of the conductor to observe the door could result in passen-
ger drag, space case or between car injury or fatality.

(b)  Absence  of  a conductor would result in an unattended train. As in
the case of a brake activation where the motorman is required  to  leave
the  train  and  inspect  the tracks. That would mean no crew members on
board which could cause a sense of panic to passengers.

(c) The motorman could become distracted in the operation of  the  train
while making announcements resulting in serious accidents or fatality.

In  fact,  the  TA's  own  System Safety Assessment analysis recommended
that, "the most effective method for controlling all identified  hazards
to  an  acceptable  level  is to continue to provide a conductor on each
train and not to introduce OPTO." In addition, the  TA's  System  Safety
Assessment  analysis  also  highlighted that greater, and of course more
costly service delays could result if the motorman is incapacitated  and
with  no  other employee present on board to report the problem and take
command of the train.

Further, the State's Public Transportation Safety Board (PTSB),  in  its
own  review  of  OPTO  has  concluded  that, "....the conductor plays an
important part in the train's operation, and that OPTO as  proposed,  is
unacceptable  from a passenger safety and security standpoint." The PTSE
goes on to conclude that, "in effect, the  lack  of,  or  absence  of  a
conductor  on  all  passenger  trains create the possibility of having a
single point failure (the motorman) which could result in a catastrophe.
Conductors provide essential train operation supervision and are  essen-
tial during emergency situations. Additionally train and passenger secu-
rity  has  always been a function of the conductor and their presence is
also viewed as a deterrent to crime." Indeed, the fact is  that  the  TA
promotes the presence of the conductor as an integral part of its safety
program  and encourages passengers to ride in the cars where the conduc-
tors are located, especially during off-peak and night hours.

NYCTA claims that implementation of OPTO would  save  money,  but  legal
action  against  the state resulting from injuries and fatalities caused
by the absence of the conductor could negate any savings and become more
costly.

A reduction of service which has an adverse  effect  on  public  safety,
endangering the lives of passengers while also resulting in further loss
of jobs to NYC is irresponsible and should not be allowed.

PRIOR LEGISLATIVE HISTORY:
2007-2008 A.4073
2006-2007 A.3605
2005-2006 A.3805
2003-2004 A.5135
2001-2002 A.3661

1999-2000 A.1019
1997-1998 A.2440
1995-1996 A.5713

FISCAL IMPLICATIONS:  None to New York State.

EFFECTIVE DATE:  This act shall take effect immediately.