Assembly Bill A3280

2015-2016 Legislative Session

Creates a private right of action for injured persons due to obstructed farm and highway crossings

download bill text pdf

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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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2015-A3280 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Railroad Law
Laws Affected:
Amd §53-c, Rail L
Versions Introduced in Other Legislative Sessions:
2013-2014: A10085
2017-2018: A2566
2019-2020: A276

2015-A3280 (ACTIVE) - Summary

Creates a private right of action for injured persons due to obstructed farm and highway crossings.

2015-A3280 (ACTIVE) - Bill Text download pdf 

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

                                  3280

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced  by M. of A. STECK -- read once and referred to the Committee
  on Transportation

AN ACT to amend the railroad law, in  relation  to  creating  a  private
  right of action of injured persons

  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 obstruct, and
any owner, officer or employee  of  a  railroad  corporation  who  shall
intentionally  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 dollars or  imprisonment  for  not  more  than
fifteen days or by both such fine and imprisonment.  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.  ANY  PERSON  WHO HAS BEEN INJURED BY REASON OF A VIOLATION OF THIS
SECTION MAY BRING A PRIVATE RIGHT OF ACTION FOR  DAMAGES  TOGETHER  WITH
REASONABLE ATTORNEY FEES.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04469-01-5

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