Assembly Bill A1287B

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S3953 - Passed Assembly

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2021-A1287 - Details

See Senate Version of this Bill:
S3953
Law Section:
Railroad Law
Laws Affected:
Add §63-a, Rail L
Versions Introduced in Other Legislative Sessions:
2019-2020: A9090, S7151
2023-2024: A5639, S5775

2021-A1287 - Summary

Provides that no person operating or controlling any Class I railroad or Class II railroad shall allow the operation of any railroad train or locomotive for the movement of freight unless such railroad train or locomotive has a crew of not less than two individuals; provides exemptions; defines terms; imposes civil penalties.

2021-A1287 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1287
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 8, 2021
                                ___________
 
 Introduced  by M. of A. MAGNARELLI, HUNTER, STIRPE, WOERNER -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2021-A1287A - Details

See Senate Version of this Bill:
S3953
Law Section:
Railroad Law
Laws Affected:
Add §63-a, Rail L
Versions Introduced in Other Legislative Sessions:
2019-2020: A9090, S7151
2023-2024: A5639, S5775

2021-A1287A - Summary

Provides that no person operating or controlling any Class I railroad or Class II railroad shall allow the operation of any railroad train or locomotive for the movement of freight unless such railroad train or locomotive has a crew of not less than two individuals; provides exemptions; defines terms; imposes civil penalties.

2021-A1287A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1287--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 8, 2021
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI, HUNTER, STIRPE, WOERNER, CONRAD,
   WALLACE, McMAHON -- read once and referred to the Committee on  Trans-
   portation  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 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, NO PERSON OPERATING OR CONTROLLING ANY CLASS I
 OR  CLASS II RAILROAD SHALL ALLOW THE OPERATION OF ANY RAILROAD TRAIN OR
 LOCOMOTIVE FOR THE MOVEMENT OF FREIGHT IN THIS STATE UNLESS  SUCH  RAIL-
 ROAD TRAIN OR LOCOMOTIVE HAS A CREW OF NOT LESS THAN TWO INDIVIDUALS.
   2.  THE  PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY
 TO A RAILROAD TRAIN OR LOCOMOTIVE ENGAGED IN SWITCHING SERVICE.
   3. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A) "CLASS I RAILROAD" MEANS A RAILROAD THAT HAS BEEN CLASSIFIED AS  A
 CLASS  I RAILROAD BY THE FEDERAL SURFACE TRANSPORTATION BOARD IN ACCORD-
 ANCE WITH 49 C.F.R. PART 1201 SECTION 1-1.
   (B) "CLASS II RAILROAD" MEANS A RAILROAD THAT HAS BEEN CLASSIFIED AS A
 CLASS II RAILROAD BY THE FEDERAL SURFACE TRANSPORTATION BOARD IN ACCORD-
 ANCE WITH 49 C.F.R. PART 1201 SECTION 1-1.
   (C) "LOCOMOTIVE" MEANS A SELF-PROPELLED PIECE  OF  ON-TRACK  EQUIPMENT
 DESIGNED  FOR  MOVING  OR  PROPELLING  CARS  THAT  ARE DESIGNED TO CARRY
 FREIGHT, PASSENGERS,  OR  OTHER  EQUIPMENT,  BUT  WHICH  ITSELF  IS  NOT
 DESIGNED  OR  INTENDED  TO  CARRY  FREIGHT, PASSENGERS (OTHER THAN THOSE
 OPERATING THE LOCOMOTIVE) OR OTHER EQUIPMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2021-A1287B (ACTIVE) - Details

See Senate Version of this Bill:
S3953
Law Section:
Railroad Law
Laws Affected:
Add §63-a, Rail L
Versions Introduced in Other Legislative Sessions:
2019-2020: A9090, S7151
2023-2024: A5639, S5775

2021-A1287B (ACTIVE) - Summary

Provides that no person operating or controlling any Class I railroad or Class II railroad shall allow the operation of any railroad train or locomotive for the movement of freight unless such railroad train or locomotive has a crew of not less than two individuals; provides exemptions; defines terms; imposes civil penalties.

2021-A1287B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1287--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 8, 2021
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI, HUNTER, STIRPE, WOERNER, CONRAD,
   WALLACE, McMAHON, STECK -- read once and referred to the Committee  on
   Transportation   --   committee   discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee -- reported and
   referred to the Committee on Codes -- recommitted to the Committee  on
   Codes  in  accordance  with  Assembly  Rule  3,  sec.  2  -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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; and providing for the repeal of such provisions upon  expira-
   tion thereof
 
   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, NO PERSON OPERATING OR CONTROLLING ANY CLASS I
 OR CLASS II RAILROAD SHALL ALLOW THE OPERATION OF ANY RAILROAD TRAIN  OR
 LOCOMOTIVE  FOR  THE MOVEMENT OF FREIGHT IN THIS STATE UNLESS SUCH RAIL-
 ROAD TRAIN OR LOCOMOTIVE HAS A CREW OF NOT LESS THAN TWO INDIVIDUALS.
   2. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL  NOT  APPLY
 TO A RAILROAD TRAIN OR LOCOMOTIVE ENGAGED IN SWITCHING SERVICE.
   3. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A)  "CLASS I RAILROAD" MEANS A RAILROAD THAT HAS BEEN CLASSIFIED AS A
 CLASS I RAILROAD BY THE FEDERAL SURFACE TRANSPORTATION BOARD IN  ACCORD-
 ANCE WITH 49 C.F.R. PART 1201 SECTION 1-1.
   (B) "CLASS II RAILROAD" MEANS A RAILROAD THAT HAS BEEN CLASSIFIED AS A
 CLASS II RAILROAD BY THE FEDERAL SURFACE TRANSPORTATION BOARD IN ACCORD-
 ANCE WITH 49 C.F.R. PART 1201 SECTION 1-1.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01826-06-2

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