Bill Text: NY A10085 | 2013-2014 | General Assembly | Introduced

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Bill Title: Creates a private right of action for injured persons due to obstructed farm and highway crossings.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2014-06-12 - referred to transportation [A10085 Detail]

Download: New_York-2013-A10085-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10085
                                 I N  A S S E M B L Y
                                     June 12, 2014
                                      ___________
       Introduced by COMMITTEE ON RULES -- (at request of M. of A. Steck, Fahy,
         McDonald,  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 of injured persons
         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    S  53-c.  Obstructing  farm and highway crossings.   1. Any officer or
    4  employee of a railroad corporation who shall intentionally obstruct, and
    5  any owner, officer or employee  of  a  railroad  corporation  who  shall
    6  intentionally  cause  to be obstructed any farm or highway crossing with
    7  any locomotive, train or car for a longer period than  five  consecutive
    8  minutes  is guilty of a violation which shall be punishable by a fine of
    9  not more than one hundred dollars or  imprisonment  for  not  more  than
   10  fifteen days or by both such fine and imprisonment.  Notwithstanding the
   11  foregoing  provisions  of  this  section  or  any local ordinance to the
   12  contrary, no owner, officer or employee of a  railroad  corporation  who
   13  obstructs,  or  causes  to  be  obstructed, any farm or highway crossing
   14  shall be subject to any civil, criminal  or  other  penalty  where  such
   15  person  has  no  control  over  the situation causing the obstruction or
   16  where the locomotive, train or car cannot be moved  without  endangering
   17  the safety of the passengers, the public or freight.
   18    2.  ANY  PERSON  WHO HAS BEEN INJURED BY REASON OF A VIOLATION OF THIS
   19  SECTION MAY BRING A PRIVATE RIGHT OF ACTION FOR  DAMAGES  TOGETHER  WITH
   20  REASONABLE ATTORNEY FEES.
   21    S  2.  This  act shall take effect on the ninetieth day after it shall
   22  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15490-01-4