What's happening
This bill allows individuals injured by illegal railroad crossing obstructions to sue for damages and attorney fees.
Why it matters
Empowers individuals. By creating a private right of action, the bill gives people directly harmed by illegal railroad crossing blockages the ability to pursue compensation themselves, rather than relying solely on government enforcement.
Deters unsafe railroad practices. The risk of being sued—including liability for damages and attorney fees—could incentivize railroad companies to more strictly adhere to crossing regulations, potentially improving public safety and reducing dangerous blockages.
Levels the playing field for victims. Allowing recovery of attorney fees makes it more feasible for injured individuals to take legal action, even against large railroad corporations, thus increasing access to justice for ordinary citizens.
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
People injured by blocked crossings
The bill would let people injured by a violation of the farm and highway crossing obstruction law sue for damages and reasonable attorney fees.
Railroad owners, officers and employees
The bill would add private lawsuits over intentional crossing obstructions lasting more than five consecutive minutes, while retaining exceptions for situations beyond their control or where moving the train would endanger safety.
Farmers and highway users
Those injured by unlawful train blockages at farm or highway crossings would gain a way to seek compensation.
Headline styles
Let Injured Sue 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
276
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. STECK, FAHY, SANTABARBARA -- 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.
LBD03380-01-9
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.