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Assembly Bill A2710

2017-2018 Legislative Session

Increases fines for obstructed farm and highway crossings

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Archive: Last Bill Status - In Assembly Committee

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2017-A2710 (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: A10086
2015-2016: A3307
2019-2020: A308

2017-A2710 (ACTIVE) - Summary

Increases fines for obstructed farm and highway crossings.

2017-A2710 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2710
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by  M.  of A. STECK, CAHILL, FAHY, McDONALD -- 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:
   §  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07682-01-7

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