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

                                  8119

                            I N  S E N A T E

                              June 13, 2016
                               ___________

Introduced  by  Sens. ROBACH, MURPHY, SERINO, CARLUCCI -- (at request of
  the Governor) -- read twice and ordered printed, and when  printed  to
  be committed to the Committee on Rules

AN  ACT  to  amend the railroad law, the transportation law, the highway
  law, and the vehicle and traffic law, in relation to  requiring  joint
  inspection of traffic signals, increasing penalties for the failure to
  comply  with regulations, aligning railroad bridge inspection require-
  ments with federal regulations, establishing and increasing  penalties
  for failure to obey certain signals and stops

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "rail safety act of 2016."
  S  2. The railroad law is amended by adding a new section 53-f to read
as follows:
  S 53-F. JOINT INSPECTION  OF  TRAFFIC-CONTROL  SIGNALS  INTERCONNECTED
WITH HIGHWAY-RAIL AT-GRADE CROSSING WARNING SYSTEMS.  1. NOTWITHSTANDING
THE  PROVISIONS  OF  ANY  OTHER LAW TO THE CONTRARY, THE COMMISSIONER IS
AUTHORIZED TO  ESTABLISH,  IMPLEMENT,  AND  EXERCISE  OVERSIGHT  OVER  A
PROGRAM  TO  COORDINATE THE INSPECTION OF TRAFFIC-CONTROL SIGNALS INTER-
CONNECTED WITH HIGHWAY-RAIL AT-GRADE CROSSING WARNING SYSTEMS.
  2. PURSUANT TO THE PROGRAM ESTABLISHED UNDER SUBDIVISION ONE  OF  THIS
SECTION,  THE  DEPARTMENT  OF TRANSPORTATION SHALL ESTABLISH A PROCEDURE
APPLICABLE TO EVERY RAILROAD CORPORATION AND  EACH  MUNICIPALITY  HAVING
JURISDICTION  OF  A  HIGHWAY ON WHICH THERE IS AN AT-GRADE RAIL CROSSING
WARNING SYSTEM INTERCONNECTED WITH  A  TRAFFIC-CONTROL  SIGNAL  FOR  THE
COORDINATED  OPERATION  AND  BIENNIAL  INSPECTION OF ANY TRAFFIC-CONTROL
SIGNAL INTERCONNECTED WITH  A  HIGHWAY-RAIL  AT-GRADE  CROSSING  WARNING
SYSTEM.  NOTHING IN THIS SECTION SHALL BE DEEMED TO ALTER OR IMPAIR SUCH
RAILROAD  CORPORATION'S  EXISTING RESPONSIBILITY FOR MAINTENANCE OF, AND
ACCESS TO, THE HIGHWAY-RAIL AT-GRADE CROSSING WARNING SYSTEM.
  3. FOR THE PURPOSES OF THIS SECTION, THE TERM "TRAFFIC-CONTROL SIGNAL"
SHALL HAVE THE SAME MEANING AS SUCH  TERM  IS  DEFINED  BY  SECTION  ONE
HUNDRED FIFTY-FOUR OF THE VEHICLE AND TRAFFIC LAW.

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

                                                           LBD12086-01-6

S. 8119                             2

  S  3.  The transportation law is amended by adding a new section 131-a
to read as follows:
  S  131-A. PENALTIES FOR VIOLATIONS. 1. ANY RAILROAD COMPANY THAT OPER-
ATES AS A COMMON CARRIER THAT VIOLATES ANY PROVISION OF ARTICLE FIVE  OF
THIS  CHAPTER  AND  REGULATIONS PROMULGATED PURSUANT THERETO SHALL, UPON
DIRECTION BY THE COMMISSIONER, BE LIABLE FOR A PENALTY  PAYABLE  TO  THE
PEOPLE  OF  THE STATE OF NEW YORK IN THE AMOUNT NOT TO EXCEED FIVE THOU-
SAND DOLLARS.
  2. ANY RAILROAD COMPANY THAT OPERATES AS A COMMON CARRIER OF  PROPERTY
THAT  VIOLATES  ANY  PROVISION OF ARTICLE FIVE OF THIS CHAPTER AND REGU-
LATIONS PROMULGATED PURSUANT THERETO WITH RESPECT TO ONE OR MORE FREIGHT
CARS REQUIRED TO BE PLACARDED BY FEDERAL HAZARDOUS MATERIALS REGULATIONS
SHALL, UPON DIRECTION BY THE COMMISSIONER, BE LIABLE FOR A PENALTY PAYA-
BLE TO THE PEOPLE OF THE STATE OF NEW YORK IN AN AMOUNT  NOT  TO  EXCEED
FIFTEEN THOUSAND DOLLARS.
  3.  EACH  VIOLATION  SHALL BE A SEPARATE AND DISTINCT OFFENSE, AND, IN
CASE OF A CONTINUING VIOLATION, EVERY DAY'S CONTINUANCE THEREOF SHALL BE
A SEPARATE AND DISTINCT OFFENSE.
  4. BEFORE IMPOSING A PENALTY SET FORTH IN THIS  SECTION,  THE  COMMIS-
SIONER SHALL AFFORD THE RAILROAD COMPANY NOTICE AND AN OPPORTUNITY TO BE
HEARD.  IN  ASSESSING  THE  PENALTY,  THE  COMMISSIONER MAY CONSIDER THE
FOLLOWING:
  A. THE RAILROAD COMPANY'S HISTORY OF VIOLATING THE LAW  OR  THE  REGU-
LATIONS OF THE COMMISSIONER;
  B.  IF THE VIOLATION ARISES OUT OF AN ACCIDENT, WHETHER DEATH OR SERI-
OUS INJURY OCCURRED AS A RESULT OF THE ACCIDENT,  WHETHER  THE  ACCIDENT
RESULTED  IN  AN  EVACUATION OF THE GENERAL PUBLIC FOR ONE HOUR OR MORE,
AND WHETHER THE ACCIDENT RESULTED IN THE CLOSURE OF A MAJOR  TRANSPORTA-
TION ARTERY OR FACILITY FOR ONE HOUR OR MORE; AND
  C. ANY OTHER FACTORS THE COMMISSIONER DEEMS RELEVANT.
  5.  IF SUCH PENALTY IS NOT PAID WITHIN FOUR MONTHS, THE AMOUNT THEREOF
MAY BE ENTERED AS A JUDGMENT IN THE OFFICE OF THE CLERK OF THE COUNTY OF
ALBANY AND IN ANY OTHER COUNTY IN WHICH THE RAILROAD COMPANY HAS A PLACE
OF BUSINESS OR THROUGH WHICH IT OPERATES.
  S 4. Section 236 of the highway law, as amended by chapter 455 of  the
the laws of 1998, is amended to read as follows:
  S  236.  Program  of railroad bridge inspection. 1. Program establish-
ment.  Notwithstanding any other provision of law to the  contrary,  the
commissioner  is  authorized  and  directed  to establish, implement and
exercise oversight over a  program  of  railroad  bridge  inspection  IN
CONFORMITY WITH THE RAIL SAFETY IMPROVEMENT ACT OF 2008, SUBCHAPTER I OF
CHAPTER  201  OF  PART  A OF SUBTITLE V OF TITLE 49 OF THE UNITED STATES
CODE AS SUCH LAW MAY, FROM TIME TO TIME, BE  AMENDED  AND  PART  237  OF
TITLE  49  OF  THE  CODE OF FEDERAL REGULATIONS AS SUCH REGULATIONS MAY,
FROM TIME TO TIME, BE AMENDED, by all railroads as defined herein  which
shall apply to all railroad bridges whether publicly or privately owned.
  2.  Bridge inventory. [(a)] Each railroad shall provide to the commis-
sioner an inventory of every railroad bridge either  owned  or  used  by
such  railroad  whether  exclusively  or  with another railroad or rail-
roads[. Each such inventory shall contain a statement as to  the  owner-
ship  of  all  railroad  bridges listed thereon and, if not owned by the
filing railroad, such railroad shall state the circumstances under which
it is operating over such railroad bridges. With regard to bridges owned
or maintained by the filing railroad,  such  inventory  may  be  in  the
format  currently  maintained  by  each  railroad provided the inventory
identifies:  (i) the owner of the railroad if different from  the  rail-

S. 8119                             3

road  submitting  the  inventory;  (ii)  a  description  of  each bridge
reflecting the condition of the  bridge  as  determined  by  the  latest
inspection  report;  and  (iii)  the maximum load for each of its lines.
Each inventory submitted shall contain the following administrative data
with  regard  to each bridge owned or maintained by the filing railroad:
the bridge identification number; the railroad bridge number; the  rail-
road  line code (if applicable); the railroad mile post; the county; the
operating railroad or railroads; other features carried (if applicable);
features intersected description; features intersected  code;  owner  or
owners;  maintenance  responsibilities; and inspection responsibilities.
Each inventory submitted shall also contain the following  general  data
with  regard  to each bridge owned or maintained by the filing railroad:
the year built; the year rehabilitated; the number  of  tracks  crossing
the  bridge;  the  type  of  rail  service; the number of spans; and the
bridge type] AS REQUIRED TO BE MAINTAINED BY PART 237 OF TITLE 49 OF THE
CODE OF FEDERAL REGULATIONS AS SUCH REGULATIONS MAY, FROM TIME TO  TIME,
BE AMENDED.
  [(b)  In  any instance in which more than one railroad operates over a
bridge, the inventory shall identify which railroad  has  responsibility
for the inspection and maintenance.]
  3.  Bridge  inspection.  [(a) The department shall develop and publish
railroad bridge inspection standards. Such standards shall be  developed
in  consultation  with representatives of railroads operating within the
state and insofar as practicable, shall not be inconsistent with current
American railway engineering and maintenance of way  association  recom-
mended practices.
  (b)]  (A)  Each  railroad  shall  develop  A  BRIDGE SAFETY MANAGEMENT
PROGRAM and submit to  the  department  written  bridge  management  and
inspection  procedures[.  Such  procedures  shall be developed under the
supervision of a licensed professional engineer, and shall be consistent
with generally accepted railway engineering standards and procedures for
railroad bridge inspection and shall be in conformance with  the  stand-
ards  developed  by the department as set forth in paragraph (a) of this
subdivision. The procedures shall contain a  format  for  the  reporting
document  to be submitted to the department.  Such reports shall contain
the qualifications  of  the  individuals  performing  bridge  inspection
activities]  AS  REQUIRED  TO BE MAINTAINED AND DEVELOPED BY PART 237 OF
TITLE 49 OF THE CODE OF FEDERAL REGULATIONS  AS  SUCH  REGULATIONS  MAY,
FROM TIME TO TIME, BE AMENDED.
  [(c)]  (B)  Railroad bridge inspections shall be performed [by techni-
cians whose training and experience enable them  to  detect  and  record
indications  of  distress  on a bridge. Inspectors must provide accurate
measurements and other information about the condition of the bridge  in
sufficient  detail to a licensed professional engineer who shall make an
evaluation of the capacity and safety of the bridge] BY RAILROAD  BRIDGE
INSPECTORS IN CONFORMITY WITH PART 237 OF TITLE 49 OF THE CODE OF FEDER-
AL  REGULATIONS  AS SUCH REGULATIONS MAY, FROM TIME TO TIME, BE AMENDED.
THE TERM "RAILROAD BRIDGE INSPECTORS" SHALL HAVE  THE  SAME  MEANING  AS
SUCH TERM IS DEFINED BY SECTION 237.53 OF TITLE 49 OF THE CODE OF FEDER-
AL REGULATIONS AS SUCH REGULATIONS MAY, FROM TIME TO TIME, BE AMENDED.
  [(d)]  (C) Each railroad shall conduct an inspection of every railroad
bridge located in the state for which it has inspection responsibility[,
in accordance with the bridge inventory set forth in subdivision two  of
this  section,  at  least  once  in  each calendar year and following an
occurrence which the railroad reasonably believes may have  reduced  the
capacity of any bridge] CONSISTENT WITH PART 237 OF TITLE 49 OF THE CODE

S. 8119                             4

OF  FEDERAL  REGULATIONS  AS SUCH REGULATIONS MAY, FROM TIME TO TIME, BE
AMENDED.
  [(e)]  (D)  A  copy  of the inspection report for each railroad bridge
shall, CONSISTENT WITH PART 237 OF TITLE 49 OF THE CODE OF FEDERAL REGU-
LATIONS AS SUCH REGULATIONS MAY, FROM TIME TO TIME, BE AMENDED, be main-
tained by the appropriate railroad for a period [of not less  than  five
years. The reports shall be comprehensible to a competent person without
interpretation  by  the reporting inspector] OF NOT LESS THAN TWO YEARS,
PROVIDED THAT EACH COPY OF AN  UNDERWATER  INSPECTION  REPORT  SHALL  BE
RETAINED  UNTIL  THE  COMPLETION  AND  REVIEW  OF  THE  NEXT  UNDERWATER
INSPECTION OF THE BRIDGE.  IF REQUESTED BY THE DEPARTMENT, THE  RAILROAD
SHALL  SUBMIT  THE  INSPECTION REPORT WITHIN THIRTY BUSINESS DAYS TO THE
DEPARTMENT.
  [(f)] (E) Not later than March fifteenth  of  each  year,  a  licensed
professional  engineer  or  other  responsible  officer of each railroad
shall file a certification  that  each  bridge  has  been  inspected  in
accordance  with  [the  bridge  management and inspection procedures and
that every structure is safe for the loading imposed,] PART 237 OF TITLE
49 OF THE CODE OF FEDERAL REGULATIONS AS SUCH REGULATIONS MAY, FROM TIME
TO TIME, BE AMENDED, and additionally, shall advise the commissioner  of
any  change  affecting  bridge  safety which has occurred since the last
certification.
  [(g)] (F) If, as a result of an inspection, a bridge is determined  to
be  unsafe,  the  railroad shall immediately notify the commissioner and
shall take appropriate remedial action to ensure that such structure  is
safe.    Upon  completion  of  such  remedial action, the railroad shall
provide the commissioner with a certification by a licensed professional
engineer OR OTHER RESPONSIBLE OFFICER that the bridge is  now  safe  for
the  loadings imposed. If a railroad shall fail to take remedial action,
the commissioner may direct the railroad  to  take  appropriate  action,
including  requiring the closing of the bridge. Any order of the commis-
sioner shall be reviewable in accordance with article  seventy-eight  of
the civil practice law and rules.
  [(h)] (G) For purposes of this section, a "licensed professional engi-
neer"  shall  mean a professional engineer who is authorized to practice
engineering under title eight of the education law.
  4. Powers of the commissioner. The commissioner shall have  the  power
to  adopt,  promulgate,  amend  and  rescind such rules and regulations,
CONSISTENT WITH PART 237 OF TITLE 49 OF THE CODE OF FEDERAL  REGULATIONS
AS  SUCH  REGULATIONS MAY, FROM TIME TO TIME, BE AMENDED, as the commis-
sioner deems appropriate to carry out the  provisions  and  purposes  of
this  article  or  to  enforce any standards established hereunder. [All
existing rules and regulations requiring inspection and certification of
railroad bridges shall remain in effect until such time as new rules and
regulations are promulgated.] Additionally  the  commissioner  shall  be
authorized  to  review  the  inspection  reports,  inventories and other
supporting documents, to compel the production  of  any  books,  papers,
records  and  documents  relevant  to  the  railroad  bridge  inspection
program, and to subpoena witnesses, administer oaths and take testimony,
and to maintain a civil suit against any public  or  private  entity  to
compel compliance with the provisions of this chapter.
  [5. Phase in of program. In order to permit the orderly implementation
of  the  railroad  bridge  inspection program, the inventory of railroad
bridges as herein provided shall be submitted  to  the  commissioner  by
January twenty-ninth, nineteen hundred ninety-seven. All railroad bridg-
es  over which passenger rail service is provided shall be inspected not

S. 8119                             5

later than January first,  nineteen  hundred  ninety-nine,  and  certif-
ication  submitted  to  the  department  not later than March fifteenth,
nineteen hundred  ninety-nine.  All  other  railroad  bridges  shall  be
inspected  and  certified  not  later  than July first, nineteen hundred
ninety-nine.]
  S 5. The vehicle and traffic law is amended by adding  a  new  section
135-a to read as follows:
  S 135-A. RAILROAD GRADE CROSSING. A LOCATION WHERE A PUBLIC HIGHWAY OR
PRIVATE  ROAD, INCLUDING ASSOCIATED SIDEWALKS, CROSSES ONE OR MORE RAIL-
ROAD TRACKS AT GRADE.
  S 6. Section 1170 of the vehicle and traffic law, as amended by  chap-
ter 300 of the laws of 1960, subdivision (b) as amended and subdivisions
(c)  and  (d) as added by chapter 430 of the laws of 1996, is amended to
read as follows:
  S 1170. Obedience to signal indicating approach of train. (a) Whenever
any person driving a vehicle approaches a railroad grade crossing  under
any  of  the  circumstances  stated  in this section, the driver of such
vehicle shall stop not less than fifteen feet from the nearest  rail  of
such  railroad,  and  shall  not  proceed until he can do so safely. The
foregoing requirements shall apply when:
  1. An audible or clearly visible electric or mechanical signal  device
gives warning of the immediate approach of a railroad train;
  2. A crossing gate is lowered or when a human flagman gives or contin-
ues to give a signal of the approach or passage of a railroad train;
  3. A railroad train approaching within approximately one thousand five
hundred  feet  of  the highway crossing emits a signal audible from such
distance and such railroad train, by reason of its speed or nearness  to
such crossing, is an immediate hazard; or
  4.  An approaching railroad train is plainly visible and is in hazard-
ous proximity to such crossing.
  5. EVERY PERSON CONVICTED OF A VIOLATION OF THIS SUBDIVISION SHALL FOR
A FIRST CONVICTION THEREOF BE PUNISHED BY A FINE OF NOT  MORE  THAN  ONE
HUNDRED  FIFTY DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN FIFTEEN DAYS
OR BY BOTH SUCH FINE AND IMPRISONMENT; FOR  A  CONVICTION  OF  A  SECOND
VIOLATION,  BOTH  OF  WHICH  WERE  COMMITTED WITHIN A PERIOD OF EIGHTEEN
MONTHS, SUCH PERSON SHALL BE PUNISHED BY A FINE OF NOT  MORE  THAN  FIVE
HUNDRED  DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN FORTY-FIVE DAYS OR
BY BOTH SUCH FINE AND IMPRISONMENT; UPON A  CONVICTION  OF  A  THIRD  OR
SUBSEQUENT  VIOLATION,  ALL  OF  WHICH WERE COMMITTED WITHIN A PERIOD OF
EIGHTEEN MONTHS, SUCH PERSON SHALL BE PUNISHED BY A  FINE  OF  NOT  MORE
THAN  SEVEN  HUNDRED  FIFTY DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN
NINETY DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT.
  (b) No person shall drive any vehicle through, around,  or  under  any
crossing  gate  or  barrier  at  a  railroad crossing while such gate or
barrier is closed or is being opened or closed. Every  person  convicted
of  a violation of this subdivision shall for a first conviction thereof
be punished by a fine of not less than two  hundred  fifty  dollars  nor
more  than  four  hundred  dollars  or by imprisonment for not more than
thirty days or by both such fine and imprisonment; for a conviction of a
second violation, both of which were committed within a period of [eigh-
teen] THIRTY months, such person shall be punished by a fine of not less
than three hundred fifty dollars nor  more  than  [five]  SEVEN  hundred
FIFTY  dollars  or  by  imprisonment for not more than ninety days or by
both such fine and imprisonment; upon a conviction of a third or  subse-
quent  violation,  all of which were committed within a period of [eigh-
teen] THIRTY months, such person shall be punished by a fine of not less

S. 8119                             6

than six hundred dollars nor more than [seven hundred fifty]  ONE  THOU-
SAND  dollars  or  by  imprisonment for not more than one hundred eighty
days or by both such fine and imprisonment.
  (c) 1. Any person convicted of a violation of this section while driv-
ing any vehicle carrying passengers under eighteen years of age, any bus
carrying  passengers,  any  school bus or any vehicle carrying explosive
substances or flammable liquids as a cargo or part of  a  cargo,  shall,
upon  conviction of a first offense, be guilty of a class A misdemeanor,
and shall, upon conviction of a second or subsequent  offense  committed
within five years of the prior offense, be guilty of a class E felony.
  2. Any person convicted of a violation of this section resulting in an
accident  which causes physical injury, as that term is defined pursuant
to subdivision nine of section 10.00 of the penal law, serious  physical
injury,  as  that term is defined pursuant to subdivision ten of section
10.00 of the penal law, or death to another person, shall be guilty of a
class E felony.
  (d) Nothing contained in this section shall be construed  to  prohibit
or limit the prosecution of any violation, crime or other offense other-
wise required or permitted by law.
  S  7. Section 1171 of the vehicle and traffic law is amended by adding
a new subdivision (f) to read as follows:
  (F) EVERY PERSON CONVICTED OF A VIOLATION OF THIS SECTION SHALL FOR  A
FIRST  CONVICTION  THEREOF  BE  PUNISHED  BY A FINE OF NOT MORE THAN ONE
HUNDRED FIFTY DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN FIFTEEN  DAYS
OR  BY  BOTH  SUCH  FINE  AND IMPRISONMENT; FOR A CONVICTION OF A SECOND
VIOLATION, BOTH OF WHICH  WERE  COMMITTED  WITHIN  A  PERIOD  OF  THIRTY
MONTHS,  SUCH  PERSON  SHALL BE PUNISHED BY A FINE OF NOT MORE THAN FIVE
HUNDRED DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN FORTY-FIVE DAYS  OR
BY  BOTH  SUCH  FINE  AND  IMPRISONMENT; UPON A CONVICTION OF A THIRD OR
SUBSEQUENT VIOLATION, ALL OF WHICH WERE COMMITTED  WITHIN  A  PERIOD  OF
THIRTY  MONTHS, SUCH PERSON SHALL BE PUNISHED BY A FINE OF NOT MORE THAN
SEVEN HUNDRED FIFTY DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN  NINETY
DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT.
  S  8.  This act shall take effect immediately; provided, that sections
three, six and seven of this act shall take effect on December 1,  2016;
provided further, that effective immediately, the commissioner of trans-
portation is authorized to promulgate any rules or regulations necessary
for the implementation of this act; and provided further, that effective
immediately,  the  commissioner  of transportation shall coordinate with
every railroad corporation, relevant state authority,  and  municipality
having  jurisdiction  of  a  highway  on which there is an at-grade rail
crossing warning system interconnected with a traffic-control signal, to
establish a public awareness  and  education  campaign  related  to  the
provisions of sections three, six and seven of this act.