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Senate Bill S7151

2019-2020 Legislative Session

Relates to requiring certain trains and locomotives to have a crew size of not less than two persons

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Archive: Last Bill Status - In Senate Committee Transportation Committee

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2019-S7151 (ACTIVE) - Details

See Assembly Version of this Bill:
A9090
Current Committee:
Senate Transportation
Law Section:
Railroad Law
Laws Affected:
Add §63-a, Rail L
Versions Introduced in Other Legislative Sessions:
2021-2022: S3953, A1287
2023-2024: S5775, A5639

2019-S7151 (ACTIVE) - Summary

Requires any Class I freight railroad, Class I railroad or Class II railroad for transporting freight which operates a train or locomotive in this state to have a crew size of not less than two persons.

2019-S7151 (ACTIVE) - Sponsor Memo

2019-S7151 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7151
 
                             I N  S E N A T E
 
                              January 9, 2020
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the railroad  law,  in  relation  to  requiring  certain
   trains  and  locomotives  to  have  a  crew  size of not less than two
   persons
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The railroad law is amended by adding a new section 63-a to
 read as follows:
   § 63-A. MINIMUM CREW SIZE. 1. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVI-
 SION TWO OF THIS SECTION, ANY CLASS I FREIGHT RAILROAD, CLASS I RAILROAD
 OR  CLASS II RAILROAD FOR TRANSPORTING FREIGHT WHICH OPERATES A TRAIN OR
 LOCOMOTIVE IN THIS STATE, AND ANY OFFICER  OF  SUCH  A  RAILROAD,  SHALL
 ENSURE THAT THE TRAIN OR LOCOMOTIVE CONTAINS A CREW OF NOT LESS THAN TWO
 PERSONS.
   2. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION DO NOT APPLY TO A
 TRAIN OR LOCOMOTIVE ENGAGED IN HELPER OR HOSTLING SERVICES.
   3. AS USED IN THIS SECTION:
   (A)  "CLASS  I  FREIGHT RAILROAD" HAS THE MEANING ASCRIBED TO IT IN 40
 C.F.R. § 1033.901.
   (B) "CLASS I RAILROAD" HAS THE MEANING ASCRIBED TO IT IN 40  C.F.R.  §
 1033.901.
   (C)  "CLASS II RAILROAD" HAS THE MEANING ASCRIBED TO IT IN 40 C.F.R. §
 1033.901.
   (D) "HELPER SERVICES" INCLUDES CONNECTING A LOCOMOTIVE TO THE FRONT OR
 BACK OF A TRAIN TO ASSIST THE TRAIN IN ASCENDING OR DESCENDING A GRADE.
   (E) "HOSTLING SERVICES" INCLUDES MOVING A TRAIN OR LOCOMOTIVE A  SHORT
 DISTANCE IN A RAILROAD YARD OR MECHANICAL FACILITY.
   4.  A  PERSON  WHO  VIOLATES  THE  PROVISIONS OF THIS SECTION SHALL BE
 LIABLE TO THE PEOPLE OF THE STATE FOR A CIVIL PENALTY IN  AN  AMOUNT  OF
 NOT  LESS  THAN  TWO  HUNDRED  FIFTY  DOLLARS NOR MORE THAN ONE THOUSAND
 DOLLARS FOR A FIRST OFFENSE, NOT LESS THAN ONE THOUSAND DOLLARS NOR MORE
 THAN FIVE THOUSAND DOLLARS FOR A SECOND OFFENSE COMMITTED  WITHIN  THREE
 YEARS,  AND  NOT LESS THAN FIVE THOUSAND DOLLARS NOR MORE THAN TEN THOU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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