BILL NUMBER:S1625

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-h) 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 primarily 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 transportation to and from work,
and their daily activities.

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 trains 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" experiment 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
passenger 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 essential 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 conductors 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:
2011-12: S.1058/A.4065 - Referred to Transportation
2009-2010: S.7509A/A.3559A
2007-2008: A.4073
2006-2007: A.3805
2005-2006: A.3805
2003-2004: A.9135
2001-2002: A-3661
1999-2000: A.1019
1997-1998: A.2440
1995-1996: A.5713


FISCAL IMPLICATIONS:
None to New York State.

EFFECTIVE DATE:
This act shall take effect immediately.