NY State Senate Bill 2021-S4076A

Senate Bill S4076A

2021-2022 Legislative Session

Relates to the use of locomotive bells and whistles at private highway-rail grade crossings

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Archive: Last Bill Status - In Senate Committee Transportation Committee

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to transportation
Jun 03, 2021	print number 4076a
Jun 03, 2021	amend (t) and recommit to transportation
Feb 02, 2021	referred to transportation

Bill Amendments

Original

A (Active)

2021-S4076 - Details

Current Committee:: Senate Transportation
Law Section:: Railroad Law
Laws Affected:: Amd §53-b, Rail L
Versions Introduced in 2019-2020 Legislative Session:: S6461

2021-S4076 - Summary

Relates to the use of locomotive bells and whistles at private highway-rail grade crossings; permits the use of locomotive bells and whistles as appropriate in order to prevent imminent injury, death, or property damage.

2021-S4076 - Sponsor Memo

                                
 
BILL NUMBER: S4076

SPONSOR: HINCHEY
 
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:
2019-2020: S6461 TRANSPORTATION / A8365 transportation

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2021-S4076 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4076
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 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
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 53-b of the railroad law  is  REPEALED  and  a  new
 section 53-b is added to read as follows:
   §  53-B.  USE  OF  LOCOMOTIVE  HORNS  AT  CROSSINGS.  UNLESS OTHERWISE
 REQUIRED BY FEDERAL LAW OR REGULATION, AT A PRIVATE  HIGHWAY-RAIL  GRADE
 CROSSING, A LOCOMOTIVE ENGINEER MAY SOUND THE LOCOMOTIVE HORN TO PROVIDE
 A  WARNING  TO  ANIMALS,  VEHICLE OPERATORS, PEDESTRIANS, TRESPASSERS OR
 CREWS ON OTHER TRAINS IN AN EMERGENCY SITUATION IF,  IN  THE  LOCOMOTIVE
 ENGINEER'S SOLE JUDGMENT, SUCH ACTION IS APPROPRIATE IN ORDER TO PREVENT
 IMMINENT INJURY, DEATH, OR PROPERTY DAMAGE.
   § 2. This act shall take effect immediately.

 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04498-01-1

2021-S4076A (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Railroad Law
Laws Affected:: Amd §53-b, Rail L
Versions Introduced in 2019-2020 Legislative Session:: S6461

2021-S4076A (ACTIVE) - Summary

2021-S4076A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4076A

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the railroad law, in relation to the use of locomotive
bells and whistles at private highway-rail grade crossings

 
PURPOSE:

To allow locomotive engineers to use their discretion on deciding wheth-
er or not to sound locomotive horns as warnings in certain areas

 
SUMMARY OF PROVISIONS:

Section 1: Adds towns to the list of municipalities where a horn is not
blown, UNLESS, a person acting as engineer, driving a locomotive on any
railway in a city or town in this state may ring the bell or sound the
whistle, or cause the same to be rung or sounded, to provide a warning
to animals, vehicle operators, pedestrians, trespassers or crews on
other trains in an emergency situation if, in the engineer's sole judg-
ment, such action is appropriate in order to prevent imminent injury,

death, or property damage.

Section 2: Effective Date

 
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:

2019-2020: S6461 TRANSPORTATION / A8365 transportation

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:,
Sixty days after being signed into law. Effective immediately, the addi-
tion, amendment and/or repeal of any rule or regulation necessary for
the implementation of this act on its effective date are authorized to
be made and completed on or before such effective date.

2021-S4076A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4076--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the railroad law, in relation to the use  of  locomotive
   bells and whistles at private highway-rail grade crossings
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 53-b of the railroad law, as amended by chapter 845
 of the laws of 1972, is amended to read as follows:
   § 53-b. Ringing bells and blowing  whistles  at  crossings.  A  person
 acting  as  engineer, driving a locomotive on any railway in this state,
 who fails to ring the bell, or sound the whistle, upon such  locomotive,
 or  cause  the same to be rung or sounded, at least eighty rods from any
 place where such railway crosses a traveled road or street on  the  same
 level,  except  in  cities  OR TOWNS, or to continue the ringing of such
 bell or sounding such whistle at intervals, until  such  locomotive  and
 the  train  to  which  the  locomotive is attached shall have completely
 crossed such road or street is guilty of a misdemeanor.  WITH RESPECT TO
 CITIES AND TOWNS, UNLESS OTHERWISE REQUIRED  BY  FEDERAL  LAW  OR  REGU-
 LATION, A PERSON ACTING AS ENGINEER, DRIVING A LOCOMOTIVE ON ANY RAILWAY
 IN  A CITY OR TOWN IN THIS STATE MAY RING THE BELL OR SOUND THE WHISTLE,
 OR CAUSE THE SAME TO BE  RUNG  OR  SOUNDED,  TO  PROVIDE  A  WARNING  TO
 ANIMALS,  VEHICLE  OPERATORS, PEDESTRIANS, TRESPASSERS OR CREWS ON OTHER
 TRAINS IN AN EMERGENCY SITUATION IF, IN THE  ENGINEER'S  SOLE  JUDGMENT,
 SUCH  ACTION  IS APPROPRIATE IN ORDER TO PREVENT IMMINENT INJURY, DEATH,
 OR PROPERTY DAMAGE.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04498-02-1

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