Assembly Bill A5639

Signed By Governor
2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status Via S5775 - Signed by Governor


  • 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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2023-A5639 (ACTIVE) - Details

See Senate Version of this Bill:
S5775
Law Section:
Railroad Law
Laws Affected:
Add §63-a, Rail L
Versions Introduced in Other Legislative Sessions:
2019-2020: A9090, S7151
2021-2022: A1287, S3953

2023-A5639 (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.

2023-A5639 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5639
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2023
                                ___________
 
 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; 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
 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.
                                                            LBD10265-01-3
 A. 5639                             2
              

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