N.Y. Railroad Law Section 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)

Source: Section 63-A — Minimum crew size, https://www.­nysenate.­gov/legislation/laws/RRD/63-A (updated Feb. 16, 2024; accessed Apr. 20, 2024).

50
Liability of corporation to employees of contractor
51
Weight of rail
51‑A
Clearances
52
Fences, farm crossings and cattle-guards
52‑A
Fences along road operated by electric third rail
52‑B
Fences along right of way
52‑C
Fences in Queens county
52‑D
Debris to be cleared
52‑E
Penalties for littering
53
Sign boards, flagmen and gates at crossings
53‑A
Warning signs
53‑B
Ringing bells and blowing whistles at crossings
53‑C
Obstructing farm and highway crossings
53‑D
Unlawful propulsion of a missile at railroad trains
53‑E
Unlawful interference with a railroad train
53‑F
Joint inspection of traffic-control signals interconnected with highway-rail at-grade crossing warning systems
54
Notice of starting trains
54‑A
Communication
55
Accommodation of connecting roads
56
Locomotives must stop at grade crossings
57
Rates of fare
57‑A
A steam or electric railroad corporation having a franchise from this state, operating to and from stations within a city of over a milli...
58
Excess charge when fare paid on cars
59
Penalty for excessive fare
60
Issue and use of mileage books
61
Passenger refusing to pay fare may be ejected
61‑A
Sounding of certain signals on railroad cars by unauthorized persons
62
Sleeping and parlor cars
63
Persons employed as drivers, conductors, motormen or gripmen
63‑A
Minimum crew size
64
Injuries to employees
65
Conductors and employees must wear badges
66
Checks for baggage
67
Penalties for injuries to baggage
68
Unclaimed freight and baggage
69
Minimum standards for track inspection and maintenance
70
Rights and liabilities as common carriers
71
Duties imposed
71‑A
Reflective whistle signs
72
Inspection of locomotives
73
Inspectors of locomotives
74
Care of steam locomotives
75
commissioner of transportation may approve other safeguards
76
Use of stoves or furnaces prohibited
76‑A
Motor cars and equipment
76‑B
Equipment required on motor vehicles transporting railroad employees
77
Equipment of engines
77‑A
First-aid equipment on locomotives
77‑B
Speedometers on certain locomotives
77‑C
Sanitary conditions
78
Coal jimmies and caboose cars
78‑A
Electric or battery-powered markers
79
Air-brakes
80
Couplers
81
Violation of sections seventy-seven, seventy-seven-c, seventy-eight, seventy-nine, and eighty
82
Canada thistles to be cut
83
Riding on platform
83‑A
Operation of motor vehicles, snowmobiles, recreational vehicles, and riding of animals on railroad property
83‑B
Trespass upon railroad premises
84
Corporations may establish ferries
85
Certain railroads may cease operation in winter
86
Certain railroads need not be operated beyond June, July, August and September
87
Mails
88
When railroads may designate police officers
89
New railroads across streets
90
New streets across railroads
91
Alteration or rehabilitation of existing crossing
92
Acquisition of land, right or easement in crossing
93
Repair of bridges and subways at crossings
93‑A
Maintenance and removal of highway-railroad crossing at grade
93‑B
Maintenance and removal of highway-railroad separation structures
94
Performance of work
95
Proceedings by commissioner of transportation for alteration of existing crossings
96
Proceedings to enforce orders of commissioner of transportation
97
Intercity rail passenger service
97‑A
Commuter rail service
98
Intersection of railroads
99
Application of foregoing section
100
Temporary leave granted by court to a street surface railroad
101
Consent of commissioner of transportation in certain cases
102
Ventilation of tunnels
103
Lighting of tunnels
104
Compliance with orders of commissioner of transportation
105
Enforcement
106
Penalty for violation
107
Judgment-roll
108
Approval of appliances in cities having a population of one million inhabitants or over

Accessed:
Apr. 20, 2024

Last modified:
Feb. 16, 2024

§ 63-A’s source at nysenate​.gov

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