S T A T E O F N E W Y O R K
________________________________________________________________________
10714
I N A S S E M B L Y
June 13, 2016
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Buchwald,
Gantt, Brindisi, Abinanti) -- (at request of the Governor) -- read
once and referred to the Committee on Transportation
AN ACT to amend the railroad law, the transportation law, the highway
law, and the vehicle and traffic law, in relation to requiring joint
inspection of traffic signals, increasing penalties for the failure to
comply with regulations, aligning railroad bridge inspection require-
ments with federal regulations, establishing and increasing penalties
for failure to obey certain signals and stops
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "rail safety act of 2016."
S 2. The railroad law is amended by adding a new section 53-f to read
as follows:
S 53-F. JOINT INSPECTION OF TRAFFIC-CONTROL SIGNALS INTERCONNECTED
WITH HIGHWAY-RAIL AT-GRADE CROSSING WARNING SYSTEMS. 1. NOTWITHSTANDING
THE PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, THE COMMISSIONER IS
AUTHORIZED TO ESTABLISH, IMPLEMENT, AND EXERCISE OVERSIGHT OVER A
PROGRAM TO COORDINATE THE INSPECTION OF TRAFFIC-CONTROL SIGNALS INTER-
CONNECTED WITH HIGHWAY-RAIL AT-GRADE CROSSING WARNING SYSTEMS.
2. PURSUANT TO THE PROGRAM ESTABLISHED UNDER SUBDIVISION ONE OF THIS
SECTION, THE DEPARTMENT OF TRANSPORTATION SHALL ESTABLISH A PROCEDURE
APPLICABLE TO EVERY RAILROAD CORPORATION AND EACH MUNICIPALITY HAVING
JURISDICTION OF A HIGHWAY ON WHICH THERE IS AN AT-GRADE RAIL CROSSING
WARNING SYSTEM INTERCONNECTED WITH A TRAFFIC-CONTROL SIGNAL FOR THE
COORDINATED OPERATION AND BIENNIAL INSPECTION OF ANY TRAFFIC-CONTROL
SIGNAL INTERCONNECTED WITH A HIGHWAY-RAIL AT-GRADE CROSSING WARNING
SYSTEM. NOTHING IN THIS SECTION SHALL BE DEEMED TO ALTER OR IMPAIR SUCH
RAILROAD CORPORATION'S EXISTING RESPONSIBILITY FOR MAINTENANCE OF, AND
ACCESS TO, THE HIGHWAY-RAIL AT-GRADE CROSSING WARNING SYSTEM.
3. FOR THE PURPOSES OF THIS SECTION, THE TERM "TRAFFIC-CONTROL SIGNAL"
SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED BY SECTION ONE
HUNDRED FIFTY-FOUR OF THE VEHICLE AND TRAFFIC LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12086-01-6
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S 3. The transportation law is amended by adding a new section 131-a
to read as follows:
S 131-A. PENALTIES FOR VIOLATIONS. 1. ANY RAILROAD COMPANY THAT OPER-
ATES AS A COMMON CARRIER THAT VIOLATES ANY PROVISION OF ARTICLE FIVE OF
THIS CHAPTER AND REGULATIONS PROMULGATED PURSUANT THERETO SHALL, UPON
DIRECTION BY THE COMMISSIONER, BE LIABLE FOR A PENALTY PAYABLE TO THE
PEOPLE OF THE STATE OF NEW YORK IN THE AMOUNT NOT TO EXCEED FIVE THOU-
SAND DOLLARS.
2. ANY RAILROAD COMPANY THAT OPERATES AS A COMMON CARRIER OF PROPERTY
THAT VIOLATES ANY PROVISION OF ARTICLE FIVE OF THIS CHAPTER AND REGU-
LATIONS PROMULGATED PURSUANT THERETO WITH RESPECT TO ONE OR MORE FREIGHT
CARS REQUIRED TO BE PLACARDED BY FEDERAL HAZARDOUS MATERIALS REGULATIONS
SHALL, UPON DIRECTION BY THE COMMISSIONER, BE LIABLE FOR A PENALTY PAYA-
BLE TO THE PEOPLE OF THE STATE OF NEW YORK IN AN AMOUNT NOT TO EXCEED
FIFTEEN THOUSAND DOLLARS.
3. EACH VIOLATION SHALL BE A SEPARATE AND DISTINCT OFFENSE, AND, IN
CASE OF A CONTINUING VIOLATION, EVERY DAY'S CONTINUANCE THEREOF SHALL BE
A SEPARATE AND DISTINCT OFFENSE.
4. BEFORE IMPOSING A PENALTY SET FORTH IN THIS SECTION, THE COMMIS-
SIONER SHALL AFFORD THE RAILROAD COMPANY NOTICE AND AN OPPORTUNITY TO BE
HEARD. IN ASSESSING THE PENALTY, THE COMMISSIONER MAY CONSIDER THE
FOLLOWING:
A. THE RAILROAD COMPANY'S HISTORY OF VIOLATING THE LAW OR THE REGU-
LATIONS OF THE COMMISSIONER;
B. IF THE VIOLATION ARISES OUT OF AN ACCIDENT, WHETHER DEATH OR SERI-
OUS INJURY OCCURRED AS A RESULT OF THE ACCIDENT, WHETHER THE ACCIDENT
RESULTED IN AN EVACUATION OF THE GENERAL PUBLIC FOR ONE HOUR OR MORE,
AND WHETHER THE ACCIDENT RESULTED IN THE CLOSURE OF A MAJOR TRANSPORTA-
TION ARTERY OR FACILITY FOR ONE HOUR OR MORE; AND
C. ANY OTHER FACTORS THE COMMISSIONER DEEMS RELEVANT.
5. IF SUCH PENALTY IS NOT PAID WITHIN FOUR MONTHS, THE AMOUNT THEREOF
MAY BE ENTERED AS A JUDGMENT IN THE OFFICE OF THE CLERK OF THE COUNTY OF
ALBANY AND IN ANY OTHER COUNTY IN WHICH THE RAILROAD COMPANY HAS A PLACE
OF BUSINESS OR THROUGH WHICH IT OPERATES.
S 4. Section 236 of the highway law, as amended by chapter 455 of the
the laws of 1998, is amended to read as follows:
S 236. Program of railroad bridge inspection. 1. Program establish-
ment. Notwithstanding any other provision of law to the contrary, the
commissioner is authorized and directed to establish, implement and
exercise oversight over a program of railroad bridge inspection IN
CONFORMITY WITH THE RAIL SAFETY IMPROVEMENT ACT OF 2008, SUBCHAPTER I OF
CHAPTER 201 OF PART A OF SUBTITLE V OF TITLE 49 OF THE UNITED STATES
CODE AS SUCH LAW MAY, FROM TIME TO TIME, BE AMENDED AND PART 237 OF
TITLE 49 OF THE CODE OF FEDERAL REGULATIONS AS SUCH REGULATIONS MAY,
FROM TIME TO TIME, BE AMENDED, by all railroads as defined herein which
shall apply to all railroad bridges whether publicly or privately owned.
2. Bridge inventory. [(a)] Each railroad shall provide to the commis-
sioner an inventory of every railroad bridge either owned or used by
such railroad whether exclusively or with another railroad or rail-
roads[. Each such inventory shall contain a statement as to the owner-
ship of all railroad bridges listed thereon and, if not owned by the
filing railroad, such railroad shall state the circumstances under which
it is operating over such railroad bridges. With regard to bridges owned
or maintained by the filing railroad, such inventory may be in the
format currently maintained by each railroad provided the inventory
identifies: (i) the owner of the railroad if different from the rail-
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road submitting the inventory; (ii) a description of each bridge
reflecting the condition of the bridge as determined by the latest
inspection report; and (iii) the maximum load for each of its lines.
Each inventory submitted shall contain the following administrative data
with regard to each bridge owned or maintained by the filing railroad:
the bridge identification number; the railroad bridge number; the rail-
road line code (if applicable); the railroad mile post; the county; the
operating railroad or railroads; other features carried (if applicable);
features intersected description; features intersected code; owner or
owners; maintenance responsibilities; and inspection responsibilities.
Each inventory submitted shall also contain the following general data
with regard to each bridge owned or maintained by the filing railroad:
the year built; the year rehabilitated; the number of tracks crossing
the bridge; the type of rail service; the number of spans; and the
bridge type] AS REQUIRED TO BE MAINTAINED BY PART 237 OF TITLE 49 OF THE
CODE OF FEDERAL REGULATIONS AS SUCH REGULATIONS MAY, FROM TIME TO TIME,
BE AMENDED.
[(b) In any instance in which more than one railroad operates over a
bridge, the inventory shall identify which railroad has responsibility
for the inspection and maintenance.]
3. Bridge inspection. [(a) The department shall develop and publish
railroad bridge inspection standards. Such standards shall be developed
in consultation with representatives of railroads operating within the
state and insofar as practicable, shall not be inconsistent with current
American railway engineering and maintenance of way association recom-
mended practices.
(b)] (A) Each railroad shall develop A BRIDGE SAFETY MANAGEMENT
PROGRAM and submit to the department written bridge management and
inspection procedures[. Such procedures shall be developed under the
supervision of a licensed professional engineer, and shall be consistent
with generally accepted railway engineering standards and procedures for
railroad bridge inspection and shall be in conformance with the stand-
ards developed by the department as set forth in paragraph (a) of this
subdivision. The procedures shall contain a format for the reporting
document to be submitted to the department. Such reports shall contain
the qualifications of the individuals performing bridge inspection
activities] AS REQUIRED TO BE MAINTAINED AND DEVELOPED BY PART 237 OF
TITLE 49 OF THE CODE OF FEDERAL REGULATIONS AS SUCH REGULATIONS MAY,
FROM TIME TO TIME, BE AMENDED.
[(c)] (B) Railroad bridge inspections shall be performed [by techni-
cians whose training and experience enable them to detect and record
indications of distress on a bridge. Inspectors must provide accurate
measurements and other information about the condition of the bridge in
sufficient detail to a licensed professional engineer who shall make an
evaluation of the capacity and safety of the bridge] BY RAILROAD BRIDGE
INSPECTORS IN CONFORMITY WITH PART 237 OF TITLE 49 OF THE CODE OF FEDER-
AL REGULATIONS AS SUCH REGULATIONS MAY, FROM TIME TO TIME, BE AMENDED.
THE TERM "RAILROAD BRIDGE INSPECTORS" SHALL HAVE THE SAME MEANING AS
SUCH TERM IS DEFINED BY SECTION 237.53 OF TITLE 49 OF THE CODE OF FEDER-
AL REGULATIONS AS SUCH REGULATIONS MAY, FROM TIME TO TIME, BE AMENDED.
[(d)] (C) Each railroad shall conduct an inspection of every railroad
bridge located in the state for which it has inspection responsibility[,
in accordance with the bridge inventory set forth in subdivision two of
this section, at least once in each calendar year and following an
occurrence which the railroad reasonably believes may have reduced the
capacity of any bridge] CONSISTENT WITH PART 237 OF TITLE 49 OF THE CODE
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OF FEDERAL REGULATIONS AS SUCH REGULATIONS MAY, FROM TIME TO TIME, BE
AMENDED.
[(e)] (D) A copy of the inspection report for each railroad bridge
shall, CONSISTENT WITH PART 237 OF TITLE 49 OF THE CODE OF FEDERAL REGU-
LATIONS AS SUCH REGULATIONS MAY, FROM TIME TO TIME, BE AMENDED, be main-
tained by the appropriate railroad for a period [of not less than five
years. The reports shall be comprehensible to a competent person without
interpretation by the reporting inspector] OF NOT LESS THAN TWO YEARS,
PROVIDED THAT EACH COPY OF AN UNDERWATER INSPECTION REPORT SHALL BE
RETAINED UNTIL THE COMPLETION AND REVIEW OF THE NEXT UNDERWATER
INSPECTION OF THE BRIDGE. IF REQUESTED BY THE DEPARTMENT, THE RAILROAD
SHALL SUBMIT THE INSPECTION REPORT WITHIN THIRTY BUSINESS DAYS TO THE
DEPARTMENT.
[(f)] (E) Not later than March fifteenth of each year, a licensed
professional engineer or other responsible officer of each railroad
shall file a certification that each bridge has been inspected in
accordance with [the bridge management and inspection procedures and
that every structure is safe for the loading imposed,] PART 237 OF TITLE
49 OF THE CODE OF FEDERAL REGULATIONS AS SUCH REGULATIONS MAY, FROM TIME
TO TIME, BE AMENDED, and additionally, shall advise the commissioner of
any change affecting bridge safety which has occurred since the last
certification.
[(g)] (F) If, as a result of an inspection, a bridge is determined to
be unsafe, the railroad shall immediately notify the commissioner and
shall take appropriate remedial action to ensure that such structure is
safe. Upon completion of such remedial action, the railroad shall
provide the commissioner with a certification by a licensed professional
engineer OR OTHER RESPONSIBLE OFFICER that the bridge is now safe for
the loadings imposed. If a railroad shall fail to take remedial action,
the commissioner may direct the railroad to take appropriate action,
including requiring the closing of the bridge. Any order of the commis-
sioner shall be reviewable in accordance with article seventy-eight of
the civil practice law and rules.
[(h)] (G) For purposes of this section, a "licensed professional engi-
neer" shall mean a professional engineer who is authorized to practice
engineering under title eight of the education law.
4. Powers of the commissioner. The commissioner shall have the power
to adopt, promulgate, amend and rescind such rules and regulations,
CONSISTENT WITH PART 237 OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS
AS SUCH REGULATIONS MAY, FROM TIME TO TIME, BE AMENDED, as the commis-
sioner deems appropriate to carry out the provisions and purposes of
this article or to enforce any standards established hereunder. [All
existing rules and regulations requiring inspection and certification of
railroad bridges shall remain in effect until such time as new rules and
regulations are promulgated.] Additionally the commissioner shall be
authorized to review the inspection reports, inventories and other
supporting documents, to compel the production of any books, papers,
records and documents relevant to the railroad bridge inspection
program, and to subpoena witnesses, administer oaths and take testimony,
and to maintain a civil suit against any public or private entity to
compel compliance with the provisions of this chapter.
[5. Phase in of program. In order to permit the orderly implementation
of the railroad bridge inspection program, the inventory of railroad
bridges as herein provided shall be submitted to the commissioner by
January twenty-ninth, nineteen hundred ninety-seven. All railroad bridg-
es over which passenger rail service is provided shall be inspected not
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later than January first, nineteen hundred ninety-nine, and certif-
ication submitted to the department not later than March fifteenth,
nineteen hundred ninety-nine. All other railroad bridges shall be
inspected and certified not later than July first, nineteen hundred
ninety-nine.]
S 5. The vehicle and traffic law is amended by adding a new section
135-a to read as follows:
S 135-A. RAILROAD GRADE CROSSING. A LOCATION WHERE A PUBLIC HIGHWAY OR
PRIVATE ROAD, INCLUDING ASSOCIATED SIDEWALKS, CROSSES ONE OR MORE RAIL-
ROAD TRACKS AT GRADE.
S 6. Section 1170 of the vehicle and traffic law, as amended by chap-
ter 300 of the laws of 1960, subdivision (b) as amended and subdivisions
(c) and (d) as added by chapter 430 of the laws of 1996, is amended to
read as follows:
S 1170. Obedience to signal indicating approach of train. (a) Whenever
any person driving a vehicle approaches a railroad grade crossing under
any of the circumstances stated in this section, the driver of such
vehicle shall stop not less than fifteen feet from the nearest rail of
such railroad, and shall not proceed until he can do so safely. The
foregoing requirements shall apply when:
1. An audible or clearly visible electric or mechanical signal device
gives warning of the immediate approach of a railroad train;
2. A crossing gate is lowered or when a human flagman gives or contin-
ues to give a signal of the approach or passage of a railroad train;
3. A railroad train approaching within approximately one thousand five
hundred feet of the highway crossing emits a signal audible from such
distance and such railroad train, by reason of its speed or nearness to
such crossing, is an immediate hazard; or
4. An approaching railroad train is plainly visible and is in hazard-
ous proximity to such crossing.
5. EVERY PERSON CONVICTED OF A VIOLATION OF THIS SUBDIVISION SHALL FOR
A FIRST CONVICTION THEREOF BE PUNISHED BY A FINE OF NOT MORE THAN ONE
HUNDRED FIFTY DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN FIFTEEN DAYS
OR BY BOTH SUCH FINE AND IMPRISONMENT; FOR A CONVICTION OF A SECOND
VIOLATION, BOTH OF WHICH WERE COMMITTED WITHIN A PERIOD OF EIGHTEEN
MONTHS, SUCH PERSON SHALL BE PUNISHED BY A FINE OF NOT MORE THAN FIVE
HUNDRED DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN FORTY-FIVE DAYS OR
BY BOTH SUCH FINE AND IMPRISONMENT; UPON A CONVICTION OF A THIRD OR
SUBSEQUENT VIOLATION, ALL OF WHICH WERE COMMITTED WITHIN A PERIOD OF
EIGHTEEN MONTHS, SUCH PERSON SHALL BE PUNISHED BY A FINE OF NOT MORE
THAN SEVEN HUNDRED FIFTY DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN
NINETY DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT.
(b) No person shall drive any vehicle through, around, or under any
crossing gate or barrier at a railroad crossing while such gate or
barrier is closed or is being opened or closed. Every person convicted
of a violation of this subdivision shall for a first conviction thereof
be punished by a fine of not less than two hundred fifty dollars nor
more than four hundred dollars or by imprisonment for not more than
thirty days or by both such fine and imprisonment; for a conviction of a
second violation, both of which were committed within a period of [eigh-
teen] THIRTY months, such person shall be punished by a fine of not less
than three hundred fifty dollars nor more than [five] SEVEN hundred
FIFTY dollars or by imprisonment for not more than ninety days or by
both such fine and imprisonment; upon a conviction of a third or subse-
quent violation, all of which were committed within a period of [eigh-
teen] THIRTY months, such person shall be punished by a fine of not less
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than six hundred dollars nor more than [seven hundred fifty] ONE THOU-
SAND dollars or by imprisonment for not more than one hundred eighty
days or by both such fine and imprisonment.
(c) 1. Any person convicted of a violation of this section while driv-
ing any vehicle carrying passengers under eighteen years of age, any bus
carrying passengers, any school bus or any vehicle carrying explosive
substances or flammable liquids as a cargo or part of a cargo, shall,
upon conviction of a first offense, be guilty of a class A misdemeanor,
and shall, upon conviction of a second or subsequent offense committed
within five years of the prior offense, be guilty of a class E felony.
2. Any person convicted of a violation of this section resulting in an
accident which causes physical injury, as that term is defined pursuant
to subdivision nine of section 10.00 of the penal law, serious physical
injury, as that term is defined pursuant to subdivision ten of section
10.00 of the penal law, or death to another person, shall be guilty of a
class E felony.
(d) Nothing contained in this section shall be construed to prohibit
or limit the prosecution of any violation, crime or other offense other-
wise required or permitted by law.
S 7. Section 1171 of the vehicle and traffic law is amended by adding
a new subdivision (f) to read as follows:
(F) EVERY PERSON CONVICTED OF A VIOLATION OF THIS SECTION SHALL FOR A
FIRST CONVICTION THEREOF BE PUNISHED BY A FINE OF NOT MORE THAN ONE
HUNDRED FIFTY DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN FIFTEEN DAYS
OR BY BOTH SUCH FINE AND IMPRISONMENT; FOR A CONVICTION OF A SECOND
VIOLATION, BOTH OF WHICH WERE COMMITTED WITHIN A PERIOD OF THIRTY
MONTHS, SUCH PERSON SHALL BE PUNISHED BY A FINE OF NOT MORE THAN FIVE
HUNDRED DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN FORTY-FIVE DAYS OR
BY BOTH SUCH FINE AND IMPRISONMENT; UPON A CONVICTION OF A THIRD OR
SUBSEQUENT VIOLATION, ALL OF WHICH WERE COMMITTED WITHIN A PERIOD OF
THIRTY MONTHS, SUCH PERSON SHALL BE PUNISHED BY A FINE OF NOT MORE THAN
SEVEN HUNDRED FIFTY DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN NINETY
DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT.
S 8. This act shall take effect immediately; provided, that sections
three, six and seven of this act shall take effect on December 1, 2016;
provided further, that effective immediately, the commissioner of trans-
portation is authorized to promulgate any rules or regulations necessary
for the implementation of this act; and provided further, that effective
immediately, the commissioner of transportation shall coordinate with
every railroad corporation, relevant state authority, and municipality
having jurisdiction of a highway on which there is an at-grade rail
crossing warning system interconnected with a traffic-control signal, to
establish a public awareness and education campaign related to the
provisions of sections three, six and seven of this act.