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Assembly Bill A4362

2009-2010 Legislative Session

Requires the Metro-North Commuter Railroad Company to erect fences between electric third rails and property adjoining its right of way in certain cases

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Archive: Last Bill Status - In Assembly Committee

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2009-A4362 (ACTIVE) - Details

Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Public Authorities Law
Laws Affected:
Add ยง1266-i, Pub Auth L
Versions Introduced in 2011-2012 Legislative Session:
A6120

2009-A4362 (ACTIVE) - Summary

Requires the Metro-North Commuter Railroad Company to erect fences between electric third rails and property adjoining its right of way wherever such third rail is at ground level; makes exceptions where other effective barriers exist or fencing would unreasonably restrict access to trains at stations or grade crossings.

2009-A4362 (ACTIVE) - Bill Text download pdf 

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

                                  4362

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2009
                               ___________

Introduced  by M. of A. BRODSKY -- read once and referred to the Commit-
  tee on Corporations, Authorities and Commissions

AN ACT to amend the public authorities law, in relation to requiring the
  Metro-North Commuter Railroad Company to erect fences  along  electric
  third rails

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

  Section 1. The public authorities law  is  amended  by  adding  a  new
section 1266-i to read as follows:
  S  1266-I.  FENCES  ALONG  ELECTRIC  THIRD  RAILS. NOTWITHSTANDING ANY
INCONSISTENT PROVISION OF LAW, WHERE THE METRO-NORTH  COMMUTER  RAILROAD
COMPANY  OPERATES  A  RAILROAD  DERIVING ITS MOTIVE POWER IN WHOLE OR IN
PART FROM AN ELECTRIFIED THIRD RAIL, IT SHALL ERECT AND THEREAFTER MAIN-
TAIN A FENCE OR FENCES BETWEEN THE THIRD RAIL AND PROPERTY ADJOINING ITS
RIGHT OF WAY WHEREVER THE ELECTRIFIED THIRD RAIL  IS  AT  GROUND  LEVEL.
NOTWITHSTANDING  THE  PROVISIONS  OF  THIS  SECTION,  NO  FENCE SHALL BE
REQUIRED WHERE THERE IS ANOTHER TYPE OF EFFECTIVE ARTIFICIAL OR  NATURAL
BARRIER  TO ACCESS TO THE THIRD RAIL OR WHERE SUCH FENCE WOULD UNREASON-
ABLY INTERFERE WITH ACCESS TO TRAINS AT STATIONS OR TO GRADE CROSSINGS.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08199-01-9

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