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A00441 Summary:

BILL NOA00441
 
SAME ASNo Same As
 
SPONSORPerry (MS)
 
COSPNSRWalker, Mosley, Colton, Rodriguez, Crespo, De La Rosa, Richardson
 
MLTSPNSRAbbate, Cook, Simon
 
Add 1205-b, Pub Auth L
 
Prohibits the operation of NYC transit authority subways or trains without at least one conductor on board; requires a conductor on any subway or train operated by such authority whenever the subway or train has more than two cars attached to the engine.
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A00441 Actions:

BILL NOA00441
 
01/09/2019referred to corporations, authorities and commissions
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A00441 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A441
 
SPONSOR: Perry (MS)
  TITLE OF BILL: An act to amend the public authorities law, in relation to requiring the New York city transit authority to have at least one conductor on board   PURPOSE: To require a conductor on board any New York City passenger subway train with two or more cars operated by the New York City Transit Authority (NYCTA) so as to maintain an acceptable standard of safety for passen- gers and reduce potential increased liability costs which could arise from the implementation of the New York City Transit Authority's proposed One Person Train Operation (OPTO) policy.   SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill provides the legislative intent. Section two of the bill adds § 1205-b to the public authorities law to prohibit the operation of a subway passenger train without a conductor. This section also defines "conductor" as the person, other than the train operator/engineer, who assist in the operation of the train and is primarily charged with opening and closing the doors and all other aspects of the operation of the train and requires a conductor on all subway trains which carry passengers and have two or more attached cars. Section three of the bill provides the effective date.   JUSTIFICATION: The subway system is a critical core of the transportation system in New York City where millions of New York City residents and visitors depend on the NYCTA for their daily transportation. The New York City subway system which consists of 648 miles of tracks running through four boroughs, includes 469 stations, many with curved platforms where millions of passengers board and exit trains daily. Each passenger train requires that a conductor is on board, consistent with rule 97(r) of NYCTA's regulations. The conductor is part of a two person team which operates the train. The second person is an engineer or motorman who drives the train from station to station. The conductor opens and closes the doors, oversees the safe entering and detraining of passengers, and the safe departure of trains from the station. Rule 97(r) of NYCTA's regulations requires that conductors observe the train doors until the trains have reached the end of the station's platform or have traveled at least three car lengths. In stations with curved plat- forms this observation by a conductor is crucial. The proposed implementation of a One Person Train Operation (OPTO) poli- cy by NYCTA will eliminate jobs and, more importantly, compromise the safety those who ride the New York City subway trains. In reviewing the NYCTA's proposal, the TA's own System Safety officials expressed serious concerns regarding several hazards that could result if the OPTO policy to remove train conductors were implemented. They include the propensity for a passenger to be dragged between train cars, causing physical injury or a fatality; and an unattended train, where the secondary motorman is required to leave the train and inspect the tracks leaving subway trains without crew members, and open to public safety risks.In fact, the TA's System Safety Assessment analysis recom- mended that, "the most effective method for controlling all identified hazards to an acceptable level is to continue to provide a conductor on each train and not to introduce OPTO." Further, the State's Public Transportation Safety Board (PTSB), in its own review of OPTO has concluded that, "...the conductor plays an impor- tant part in the train's operation, and that OPTO as proposed, is unac- ceptable from a passenger safety and security standpoint." The PTSB concludes that, "in effect, the lack of, or absence of a conductor on all passenger trains create the possibility of having a single point failure (the motorman) which could result in a catastrophe.   PRIOR LEGISLATIVE HISTORY: 2018: A.916/S.3408 - Referred to Corporations, Authorities and Commis- sions / Passed Senate 2017: A.916/S.3408 - Referred to Corporations, Authorities and Commis- sions / Transportation 2016: A.6393/S.1231 - Referred to Ways and Means / Transportation 2015: A.6393/S.1231 - Referred to Corporations, Authorities and Commis- sions / Transportation 2013-2014: A.4816/S.1625 - Referred to Corporations, Authorities and Commissions / Transportation 2011-2012: A.4065/S.1058 - Referred to Corporations, Authorities and Commissions / Transportation 2010: A.3559-A/S.7509-A - Third Reading Calendar / Transportation 2009: A.3559-A/S.7509-A - Referred to Corporations, Authorities and Commissions / Transportation 2007-2008: A.4073/S.2479 - Referred to Corporations, Authorities and Commissions / Transportation 2005-2006: A.3805 - Referred to Corporations, Authorities and Commis- sions 2003-2004: A.5135/S.4281 - Referred to Corporations, Authorities and Commissions / Transportation 2001-2002: A.3661 - Referred to Corporations, Authorities and Commis- sions 1999-2000: A.1019/S.2704 - Referred to Corporations, Authorities and Commissions / Transportation 1998: A.2440/S.3421 - Referred to Corporations, Authorities and Commis- sions / Transportation 1997: A.2440/S.3421 - Passed Assembly / Transportation 1996: A.5713 - Referred to Corporations, Authorities and Commissions / Transportation 1995: A.5713 - Passed Assembly / Transportation   FISCAL IMPLICATIONS: None to New York State.   EFFECTIVE DATE: Immediately.
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A00441 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           441
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2019
                                       ___________
 
        Introduced by M. of A. PERRY, WALKER, MOSLEY, COLTON, RODRIGUEZ, CRESPO,
          DE LA ROSA, RICHARDSON -- Multi-Sponsored by -- M. of A. ABBATE, COOK,
          SIMON  --  read  once  and  referred to the Committee on Corporations,
          Authorities and Commissions

        AN ACT to amend the public authorities law, in relation to requiring the
          New York city transit authority to have  at  least  one  conductor  on
          board
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  The legislature finds and declares that, the New York city
     2  transit authority, through its operation of the  New  York  city  subway
     3  system,  the  largest  public  transit system in the world, provides the
     4  primary means of commuting for many millions of New York  residents  and
     5  visitors every day of the week. With an estimated average of over 10,000
     6  passengers  loaded  onto  each  train during rush hours, the presence of
     7  trained New York city transit authority personnel, other than the  engi-
     8  neer, on each train is necessary and should always be required to ensure
     9  improved safety for passengers during emergencies, which may occur while
    10  in subway tunnels or traveling over bridges.
    11    The  legislature  further finds and declares that the tragic events of
    12  September 11, 2001, which launched the war of  terror  against  America,
    13  has  tremendously heightened the need to significantly increase security
    14  and safety for commuters on New  York  city  subway  trains.  Also,  the
    15  recent  conviction  of Zarein Ahmedzay, who was caught buying explosives
    16  and admitted to having planned an attack on the  New  York  city  subway
    17  system  makes it imperative that we recognize the role of conductors and
    18  other authority personnel assigned on passenger trains as first  respon-
    19  ders,  and  the  front  line defense to potentially save lives and limit
    20  casualties in the event of a terrorist attack.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05306-01-9

        A. 441                              2
 
     1    § 2. The public authorities law is amended by  adding  a  new  section
     2  1205-b to read as follows:
     3    §  1205-b.  Conductor  required.  Any  subway or train operated by the
     4  authority for the purpose of transporting passengers shall have at least
     5  one conductor on board. For the  purposes  of  this  section,  the  term
     6  "conductor"  shall  mean  the  person other than the driver, engineer or
     7  motorman primarily charged with all aspects  of  the  operation  of  the
     8  railroad  locomotive, subway or train, who shall assist in the operation
     9  of the train and be primarily responsible for the opening and closing of
    10  the doors and other safety aspects of the train.  A conductor  shall  be
    11  required  on  any subway or train operated by the authority whenever the
    12  subway or train has more than two cars attached to the engine thereof.
    13    § 3. This act shall take effect immediately.
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