senate Bill S3953A

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

Current Bill Status - In Senate Committee Transportation Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to transportation
Jun 10, 2021 committed to rules
May 24, 2021 advanced to third reading
May 20, 2021 2nd report cal.
May 19, 2021 1st report cal.1235
May 11, 2021 print number 3953a
May 11, 2021 amend (t) and recommit to transportation
Feb 01, 2021 referred to transportation

Votes

view votes

May 19, 2021 - Transportation committee Vote

S3953A
11
0
committee
11
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Transportation committee vote details

Transportation Committee Vote: May 19, 2021

aye wr (2)

Co-Sponsors

S3953 - Details

Current Committee:
Senate Transportation
Law Section:
Railroad Law
Laws Affected:
Add §63-a, Rail L
Versions Introduced in 2019-2020 Legislative Session:
S7151

S3953 - 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.

S3953 - Sponsor Memo

S3953 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3953
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced by Sens. KENNEDY, BORRELLO -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

S3953A (ACTIVE) - Details

Current Committee:
Senate Transportation
Law Section:
Railroad Law
Laws Affected:
Add §63-a, Rail L
Versions Introduced in 2019-2020 Legislative Session:
S7151

S3953A (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.

S3953A (ACTIVE) - Sponsor Memo

S3953A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3953--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sens.  KENNEDY, BORRELLO, RYAN -- read twice and ordered
   printed, and when printed to be committed 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; 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.
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01826-05-1

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.