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.
LBD07682-01-7
A. 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.