NY State Senate Bill S7151

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
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view actions (1)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 09, 2020	referred to transportation

Co-Sponsors

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

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.

S7151 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S7151

SPONSOR: KENNEDY
 
TITLE OF BILL:

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

 
PURPOSE:

Prohibits a freight train from being operated unless it has a crew
consisting of at least two individuals.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one prohibits any Class I freight railroad, Class I railroad, or
Class II railroad for transporting freight unless there is a crew of no
less than two persons.

Section two states that this does not apply to any train or locomotive
engaged in helper or hostling services.

Section three outlines the definitions of Class I freight railroad,
Class I railroad, Class II railroad, helper services, and hostling
services.

Section four states that violators of these provisions shall be liable
to the people of the State for a civil penalty of no less than two
hundred fifty dollars and not 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 thousand dollars for a
third offense and any subsequent offenses committed within three years.

Section five establishes the effective date.

 
JUSTIFICATION:

This bill is intended to protect New Yorkers by requiring trains and
light engines carrying freight within New York to be operated with a
crew of no less than two members. This bill is intended to protect not
only the public, but railroad workers as well. In recent years, new
technology has made railroads safer; however nothing can replace an
extra set of eyes and ears when it comes to public safety.

It is nearly impossible for a single operator in an emergency situation
to properly assess the situation, secure the train, and notify police,
fire and other necessary officials all at once.

Currently, the federal government and other states are working on ways
to increase railroad safety, and at this point, nearly 20 states have
introduced or enacted minimum crew legislation. Requiring two-person
crews is a straightforward way of ensuring the safety of our railways
here in New York State.

 
LEGISLATIVE HISTORY:

New legislation

 
FISCAL IMPLICATIONS:

To Be Determined.

 
EFFECTIVE DATE:
The thirtieth day after it shall have become a law

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

                      [ ] is old law to be omitted.
                                                           LBD13319-02-9

S. 7151                             2

SAND DOLLARS FOR A THIRD OFFENSE AND ANY SUBSEQUENT  OFFENSES  COMMITTED
WITHIN THREE YEARS.
  §  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.

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The New York State Senate

senate Bill S7151

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

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Co-Sponsors

S7151 (ACTIVE) - Details

S7151 (ACTIVE) - Summary

S7151 (ACTIVE) - Sponsor Memo

S7151 (ACTIVE) - Bill Text download pdf

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senate Bill S7151

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Sponsored By

Timothy M. Kennedy

Archive: Last Bill Status - In Senate Committee Transportation Committee

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Co-Sponsors

George M. Borrello

Monica R. Martinez

S7151 (ACTIVE) - Details

S7151 (ACTIVE) - Summary

S7151 (ACTIVE) - Sponsor Memo

S7151 (ACTIVE) - Bill Text download pdf

Comments