Bill Text: NY A02710 | 2017-2018 | General Assembly | Introduced
Bill Title: Increases fines for obstructed farm and highway crossings.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2018-01-03 - referred to transportation [A02710 Detail]
Download: New_York-2017-A02710-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2710 2017-2018 Regular Sessions IN ASSEMBLY January 23, 2017 ___________ Introduced by M. of A. STECK, CAHILL, FAHY, McDONALD -- read once and referred to the Committee on Transportation AN ACT to amend the railroad law, in relation to increasing fines for obstructed farm and highway crossings The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 53-c of the railroad law, as added by chapter 845 2 of the laws of 1972, is amended to read as follows: 3 § 53-c. Obstructing farm and highway crossings. 1. Any officer or 4 employee of a railroad corporation who shall intentionally or recklessly 5 obstruct, and any owner, officer or employee of a railroad corporation 6 who shall intentionally or recklessly cause to be obstructed any farm or 7 highway crossing with any locomotive, train or car for a longer period 8 than five consecutive minutes is guilty of a violation which shall be 9 punishable by a fine of not more than [one hundred] five thousand 10 dollars or imprisonment for not more than fifteen days or by both such 11 fine and imprisonment for the first instance, a fine of not more than 12 twenty-five thousand dollars or imprisonment for not more than fifteen 13 days or by both such fine and imprisonment for the second instance, or a 14 fine of not more than seventy-five thousand dollars or imprisonment for 15 not more than fifteen days or by both such fine and imprisonment for the 16 third instance. Such fines shall be borne by the owner of the railroad 17 corporation found in violation of this section. Notwithstanding the 18 foregoing provisions of this section or any local ordinance to the 19 contrary, no owner, officer or employee of a railroad corporation who 20 obstructs, or causes to be obstructed, any farm or highway crossing 21 shall be subject to any civil, criminal or other penalty where such 22 person has no control over the situation causing the obstruction or 23 where the locomotive, train or car cannot be moved without endangering 24 the safety of the passengers, the public or freight. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07682-01-7A. 2710 2 1 2. For purposes of this section "highway" shall mean the entire width 2 between the boundary lines of every way publicly maintained when any 3 part thereof is open to the use of the public for purposes of vehicular 4 travel. 5 § 2. This act shall take effect on the ninetieth day after it shall 6 have become a law.
