BILL NUMBER: S4890

SPONSOR: PARKER
 
TITLE OF BILL:  An act to amend the public authorities law, in
relation to requiring the New York city transit authority to have at
least one conductor on board

 
PURPOSE:

To require at least one conductor on board any passenger subway train
with two or more cars operated by the New York City Transit Authority,
in order to maintain an acceptable standard of safety for passengers and
reduce potential increased liability that could arise.

 
SUMMARY OF SPECIFIC PROVISIONS:

To add a new section (1205-b) to the Public Authorities Law, to prohibit
the operation of a subway passenger train without a conductor.  A
"conductor" shall be defined as the person other than the train
operator/engineer who assist in the operation of the train and is prima-
rily charged with opening and closing the doors and all other aspects of
              

the operation of the train. The new provisions require a conductor on
all subway trains which carry passengers and have two or more cars
attached.

 
JUSTIFICATION:

The subway system is the heart and soul of transportation for New York
City, where millions of commuters, residents and tourists alike, depend
on the NYCTA for their daily Presently, the subway system, 648 miles of
tracks running through four boroughs, includes 469 stations, many with
curved platforms where each day, millions of passengers board and exit
from trains, some as long as 10 cars, every day.

Each passenger train, as per rule 97(r) NYCTA rules and regulations
currently requires a conductor on board. The conductor is part of a two
person team which operates the train. The other person is the engineer
or motorman who drives the train from station to station. The conductor
opens and closes the doors, oversees the safe entering and detraining of
passengers, and the safe departure of train s from the station. TA rule
requires conductors to observe the doors of their trains until the
trains have reached the end of the station platform or have traveled at
least three car lengths. In stations with curved platforms the observing
eyes of the conductor is even more important.

The NYCTA is in the process of implementing One Person Train Operation,
(OPTO), ostensibly to save money, but there are substantial evidence
that OPTO could instead end up as a "penny wise pound foolish" exper-
iment that will only eliminate jobs and compromise the safety of those
who must ride the trains. In reviewing the NYCTA's proposal, the TA's
own System Safety officials expressed serious concerns about several
hazards that could not be satisfactorily resolved to meet acceptable
safety standards. They include:

(a) Absence of the conductor to observe the door could result in passen-
ger drag, space case or between car injury or fatality.

(b) Absence of a conductor would result in an unattended train. As in
the case of a brake activation where the motorman is required to leave
the train and inspect the tracks. That would mean no crew members on
board which could cause a sense of panic to passengers.

(c) The motorman could become distracted in the operation of the train
while making announcements resulting in serious accidents or fatality.

In fact, the TA's own System Safety Assessment analysis recommended
that, "the most effective method for controlling all identified hazards
to an acceptable level is to continue to provide a conductor on each
train and not to introduce OPTO." In addition, the TA's System Safety
Assessment analysis also highlighted that greater, and of course more
costly service delays could result if the motorman is incapacitated and
with no other employee present on board to report the problem and take
command of the train.

Further, the State's Public Transportation Safety Board (PTSB), in its
own review of OPTO has concluded that, "....the conductor plays an
important part in the train's operation, and that OPTO as proposed, is
unacceptable from a passenger safety and security standpoint." The PTSB
goes on to conclude that, "in effect, the lack of, or absence of a
conductor on all passenger trains create the possibility of having a
single point failure (the motorman) which could result in a catastrophe.
Conductors provide essential train operation supervision and are essen-
tial during emergency situations.  Additionally train and passenger
security has always been a function of the conductor and their presence
is also viewed as a deterrent to crime." Indeed, the fact is that the TA
promotes the presence of the conductor as an integral part of its safety
program and encourages passengers to ride in the cars where the conduc-
tors are located, especially during off-peak and night hours.

NYCTA claims that implementation of OPTO would save money, but legal
action against the state resulting from injuries and fatalities caused
by the absence of the conductor could negate any savings and become more
costly.

A reduction of service which has an adverse effect on public safety,
endangering the lives of passengers while also resulting in further loss
of jobs to NYC is irresponsible and should not be allowed.

 
PRIOR LEGISLATIVE HISTORY:
2017-18: 53406 Passed Senate, delivered to Assembly
2015-16: S.1231/A.6393 - Referred to Transportation
2013-14: S.1625/A.4816 - Referred to Transportation
2011-12: S.1058/A.4065 - Referred to Transportation
2009-10: S.7509A/A.3559A - Amend and Recommit to Transportation
2007-08: S.2479/A.4073 - Referred to Transportation
2005-06: A.3805 - Referred to Corporations, Authorities and Commissions
2003-04: S.4281/A.5135 - Referred to Transportation
2001-02: A-3661 - Referred to Corporations, Authorities and Commissions
2005-06: A.3805;
1999-2000:S.2704/A.1019- Referred to Transportation
1997-1998:S.3421/A.2440- Referred to Transportation
1995-1996:S.4264/A.5713- Referred to Transportation

 
FISCAL IMPLICATIONS:

None to New York State.

 
EFFECTIVE DATE:
This act shall take effect immediately.