What's happening
This bill allows individuals injured by railroad crossing obstructions to sue for damages and attorney fees.
Why it matters
Empowers individuals. By creating a private right of action, this bill gives people harmed by illegal railroad crossing obstructions the direct ability to seek compensation, rather than relying solely on government enforcement or penalties.
Incentivizes railroad compliance. The risk of lawsuits and potential financial liability (including attorney fees) could motivate railroad companies and their employees to more strictly follow laws regarding crossing obstructions, improving public safety.
Addresses real-world harms. People who suffer injuries—whether physical, economic, or otherwise—because of blocked crossings now have a clearer path to recover damages, recognizing the tangible risks and disruptions these obstructions can cause.
Shifts enforcement strategy. Moving from criminal penalties alone to civil remedies means the law not only punishes but also compensates victims, possibly leading to more proactive and preventative measures by railroads.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Suing for Blocked Crossings
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to transportation
- Referred to transportation
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2566
2017-2018 Regular Sessions
IN ASSEMBLY
January 20, 2017
Introduced by M. of A. STECK, FAHY, McDONALD -- read once and referred to the Committee on Transportation
AN ACT to amend the railroad law, in relation to creating a private right of action for injured persons
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 53-c of the railroad law, as added by chapter 845 of the laws of 1972, is amended to read as follows:
§ 53-c. Obstructing farm and highway crossings. 1. Any officer or employee of a railroad corporation who shall intentionally obstruct, and any owner, officer or employee of a railroad corporation who shall intentionally cause to be obstructed any farm or highway crossing with any locomotive, train or car for a longer period than five consecutive minutes is guilty of a violation which shall be punishable by a fine of not more than one hundred dollars or imprisonment for not more than fifteen days or by both such fine and imprisonment. Notwithstanding the foregoing provisions of this section or any local ordinance to the contrary, no owner, officer or employee of a railroad corporation who obstructs, or causes to be obstructed, any farm or highway crossing shall be subject to any civil, criminal or other penalty where such person has no control over the situation causing the obstruction or where the locomotive, train or car cannot be moved without endangering the safety of the passengers, the public or freight.
2. Any person who has been injured by reason of a violation of this section may bring a private right of action for damages together with reasonable attorney fees.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07671-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.