BILL NUMBER: S6461

SPONSOR: AMEDORE
 
TITLE OF BILL:  An act to amend the railroad law, in relation to the
use of locomotive horns at private highway-rail grade crossings; and to
repeal section 53-b of such law relating to ringing bells and blowing
whistles at crossings

 
PURPOSE:

To allow locomotive engineers to use their discretion on deciding wheth-
er or not to sound locomotive horns as warnings at private highway-rail
grades crossings.

 
SUMMARY OF PROVISIONS:

Section one of the bill repeals the current section 53-b of the Railroad
Law.

Section two creates a new section 53-b of the Railroad Law that provides
that, unless otherwise required by federal law or regulation, locomotive
              

engineers may sound warning horns at private highway-rail grade cross-
ings if, in the engineer's judgment, the sounding of the horn is appro-
priate in order to prevent imminent injury, death or property damage.

 
EXISTING LAW:

Current New York State law requires the sounding of locomotive horns at
any place where a railway crosses a travelled road or street at the same
level. This has been interpreted to include all private and public high-
way-rail grade crossings. Federal law already controls the sounding of
warning horns at public crossings. New York is one of only a few states
with the additional requirement for all private crossings.

 
JUSTIFICATION:

Over the last several years, New York's highway law has been interpreted
to mean that all trains must sound warning horns at all private and
public highway-rail grade crossings. This has led to loud, obtrusive
horns being sounded at all times of the day and night in areas where
there had previously been no warning horns sounded. This has created a
hardship on local residents in some rural areas, in particular, Montgom-
ery County.

This legislation would allow the locomotive engineer to use his or her
judgment as to whether or not the warning horn should be sounded. In
reality, many private crossings are rarely and sometimes never used
(especially in the middle of the night). The risk of trains actually
causing personal or property damage is very small. The locomotive engi-
neer may sound the horn if, in his or her judgment, it would be appro-
priate to warn people or animals in order to prevent injury or damage.

The bill would provide needed relief to the area residents who would no
longer be subjected to the very loud sounds of unnecessary locomotive
warning horns.

 
LEGISLATIVE HISTORY:

New bill.
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.