BILL NUMBER:  S3406

 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-b) 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 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 :

2015-16: S.1231/A.6393 - Referred to Transportation
2013-14: S.1625/A.4816 - Referred to Transportation
2011-12: S.1058/A.4065 - Referred to Transportation
2009-10: S.7509A/A.3559A - Amend and Recommit to Transportation
2007-08: S.2479/A.4073 - Referred to Transportation
2005-06: A.3805 - Referred to Corporations, Authorities and
Commissions
2003-04: S.4281/A.5135 - Referred to Transportation
2001-02: A-3661 - Referred to Corporations, Authorities and
Commissions
2005-06: A.3805;
1999-2000:S.2704/A.1019- Referred to Transportation
1997-1998:S.3421/A.2440- Referred to Transportation
1995-1996:S.4264/A.5713- Referred to Transportation

 FISCAL IMPLICATIONS :

None to New York State.

 EFFECTIVE DATE :
This act shall take effect immediately.