What's happening
This bill requires most freight trains and locomotives in New York to have at least two crew members, with penalties for violations.
Why it matters
Enhances safety and oversight. By mandating a minimum of two crew members on most freight trains, the bill aims to reduce risks associated with operator fatigue, human error, and emergencies—potentially preventing accidents and improving response times during incidents.
Limits automation and job reductions. The requirement directly addresses industry moves toward single-operator or remote-controlled trains, effectively protecting certain railroad jobs and slowing the adoption of train automation in New York.
Establishes escalating penalties. The proposed fines increase significantly for repeated violations within a three-year period—creating a strong financial incentive for rail companies to comply and discouraging cost-cutting at the expense of safety.
Specifies exceptions and clear definitions. By excluding “helper” and “hostling” services (short-distance or yard movements) and referencing federal definitions for railroad classes, the bill precisely targets mainline freight operations, providing clarity for enforcement and industry compliance.
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Who cares
Headline styles
Require Two-Person Train Crews
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Two-Person Train Crews
In Assembly Committee · Transportation · Sponsor William Magnarelli
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7151
IN SENATE
January 9, 2020
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation
AN ACT to amend the railroad law, in relation to requiring certain trains and locomotives to have a crew size of not less than two persons
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The railroad law is amended by adding a new section 63-a to read as follows:
§ 63-a. Minimum crew size. 1. Except as otherwise provided in subdivision two of this section, any Class I freight railroad, Class I railroad or Class II railroad for transporting freight which operates a train or locomotive in this state, and any officer of such a railroad, shall ensure that the train or locomotive contains a crew of not less than two persons.
2. The provisions of subdivision one of this section do not apply to a train or locomotive engaged in helper or hostling services.
3. As used in this section:
(a) "Class I freight railroad" has the meaning ascribed to it in 40 C.F.R. § 1033.901.
(b) "Class I railroad" has the meaning ascribed to it in 40 C.F.R. § 1033.901.
(c) "Class II railroad" has the meaning ascribed to it in 40 C.F.R. § 1033.901.
(d) "Helper services" includes connecting a locomotive to the front or back of a train to assist the train in ascending or descending a grade.
(e) "Hostling services" includes moving a train or locomotive a short distance in a railroad yard or mechanical facility.
4. A person who violates the provisions of this section shall be liable to the people of the state for a civil penalty in an amount of not less than two hundred fifty dollars nor more than one thousand dollars for a first offense, not less than one thousand dollars nor more than five thousand dollars for a second offense committed within three years, and not less than five thousand dollars nor more than ten thou-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13319-02-9
S. 7151 2
sand dollars for a third offense and any subsequent offenses committed within three years.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the railroad law, in relation to requiring certain trains and locomotives to have a crew size of not less than two persons
Purpose
Prohibits a freight train from being operated unless it has a crew consisting of at least two individuals.
Summary of specific provisions
Section one prohibits any Class I freight railroad, Class I railroad, or Class II railroad for transporting freight unless there is a crew of no less than two persons.
Section two states that this does not apply to any train or locomotive engaged in helper or hostling services.
Section three outlines the definitions of Class I freight railroad, Class I railroad, Class II railroad, helper services, and hostling services.
Section four states that violators of these provisions shall be liable to the people of the State for a civil penalty of no less than two hundred fifty dollars and not more than one thousand dollars for a first offense, not less than one thousand dollars nor more than five thousand dollars for a second offense committed within three years, and not less than five thousand dollars nor more than ten thousand dollars for a third offense and any subsequent offenses committed within three years.
Section five establishes the effective date.
Justification
This bill is intended to protect New Yorkers by requiring trains and light engines carrying freight within New York to be operated with a crew of no less than two members. This bill is intended to protect not only the public, but railroad workers as well. In recent years, new technology has made railroads safer; however nothing can replace an extra set of eyes and ears when it comes to public safety.
It is nearly impossible for a single operator in an emergency situation to properly assess the situation, secure the train, and notify police, fire and other necessary officials all at once.
Currently, the federal government and other states are working on ways to increase railroad safety, and at this point, nearly 20 states have introduced or enacted minimum crew legislation. Requiring two-person crews is a straightforward way of ensuring the safety of our railways here in New York State.
Legislative history
New legislation
Fiscal implications
To Be Determined.
Effective date
The thirtieth day after it shall have become a law
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.