N.Y. Railroad Law § 63-a: Minimum crew size

* § 63-a. Minimum crew size. 1. Except as otherwise provided in

subdivision two of this section, no person operating or controlling any

Class I or Class II railroad shall allow the operation of any railroad

train or locomotive for the movement of hazardous material in this state

unless such railroad train or locomotive has a crew of not less than two

individuals.

2. The provisions of subdivision one of this section shall not apply

to a railroad train or locomotive engaged in switching service.

3. As used in this section, the following terms shall have the

following meanings:

(a) "Class I railroad" means a railroad that has been classified as a

Class I railroad by the federal surface transportation board in

accordance with 49 C.F.R. part 1201 section 1-1.

(b) "Class II railroad" means a railroad that has been classified as a

Class II railroad by the federal surface transportation board in

accordance with 49 C.F.R. part 1201 section 1-1.

(c) "Locomotive" means a self-propelled piece of on-track equipment

designed for moving or propelling cars that are designed to carry

freight, passengers, or other equipment, but which itself is not

designed or intended to carry freight, passengers (other than those

operating the locomotive) or other equipment.

(d) "Railroad" means a commercial entity that operates locomotives to

transport passengers or freight.

(e) "Switching service" means the classification of rail cars

according to commodity or destination; assembly of rail cars for train

movements; changing the position of rail cars for purposes of loading,

unloading or weighing; placing of locomotives and rail cars for repair

or storage; or moving of rail equipment in connection with work service

that does not constitute train movement.

(f) "Train" means one or more locomotives, coupled with or without

cars.

(g) "Hazardous material" means material designated as hazardous by the

United States secretary of transportation pursuant to subsection (a) of

section fifty-one hundred three of title forty-nine of the United States

code.

4. A violation of the provisions of subdivision one of this section

shall be punishable by a civil penalty in an amount of not less than two

hundred fifty dollars nor more than one thousand dollars for a first

violation; for a second violation both of which were committed within a

period of three years by a civil penalty of not less than one thousand

dollars nor more than five thousand dollars; and for a third or

subsequent violation all of which were committed within a period of

three years, by a civil penalty of not less than five thousand dollars

nor more than ten thousand dollars.

* NB Repealed upon certain provisions (see chapter 707 of 2023 § 3)