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Assembly Bill A9090

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 Assembly Committee

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2019-A9090 (ACTIVE) - Details

See Senate Version of this Bill:
S7151
Current Committee:
Assembly Transportation
Law Section:
Railroad Law
Laws Affected:
Add §63-a, Rail L
Versions Introduced in Other Legislative Sessions:
2021-2022: A1287, S3953
2023-2024: A5639, S5775

2019-A9090 (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-A9090 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9090
 
                           I N  A S S E M B L Y
 
                             January 17, 2020
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred 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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