Prohibits the operation of N.Y. city transit authority subways or trains without a conductor on board

Summary of specific provisions

To add a new section (1205-h) 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 transportation to and from work, and their daily activities.

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

2011-12: S.1058/A.4065 - Referred to Transportation 2009-2010: S.7509A/A.3559A 2007-2008: A.4073 2006-2007: A.3805 2005-2006: A.3805 2003-2004: A.9135 2001-2002: A-3661 1999-2000: A.1019 1997-1998: A.2440 1995-1996: A.5713

Fiscal implications

None to New York State.

Effective date

This act shall take effect immediately.