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Assembly Bill A276

2019-2020 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

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2019-A276 (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
2015-2016: A3280
2017-2018: A2566

2019-A276 (ACTIVE) - Summary

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

2019-A276 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    276
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A.  STECK,  FAHY,  SANTABARBARA -- 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 for 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:
   §  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.
   §  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.
                                                            LBD03380-01-9

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