Limits railroads' liability to intruders upon their property and rights-of-way; defines offenses of trespasses on and damage to railroad property and establishes penalties therefor; also penalizes disruption of railroads and causing death or serious injury in connection therewith.

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S1360-2011 Actions

• Jan 4, 2012: REFERRED TO TRANSPORTATION
• Jan 6, 2011: REFERRED TO TRANSPORTATION

S1360-2011 Memo

BILL NUMBER:S1360

TITLE OF BILL:
An act
to amend the railroad law, in relation to
trespass on railroad property

PURPOSE OR GENERAL IDEA OF BILL:
To provide a much-needed upgrade of the railroad trespass laws to
reflect the modern security challenges facing railroads and the public.

SUMMARY OF SPECIFIC PROVISIONS:
Section 83 of the Railroad Law is amended to delete provisions
relating to general trespass along railroad tracks and the scope of
horse crossings and move those references to new �83-c. Provisions
relating to civil liability of railroads remain unchanged.

Section 83-a of such law is amended to make it illegal to operate any
motor vehicle or motorized recreational vehicle upon posted railroad
property or along the tracks of an operating railroad (except, across
or along streets or highways or at farm crossings where necessary to
cross such tracks or property). Under current law, this provision is
limited to the operation of snowmobiles. A violation of this
provision shall be deemed a violation and punishable by a fine of
$100-$250.

Section 83-b of the Railroad Law relating to the adoption of local
laws in New York City and the counties of Nassau, Suffolk and Monroe
regarding trespass along railroad property is left intact. The
provision of that section providing that the trespass provisions of
the Railroad Law or any local law enacted pursuant to this section
will not preclude prosecution for trespass under the Penal Law is
moved to new �83-c.

Adds a new �83-c to the Railroad Law to bring all the general trespass
provisions together in one section.

* Subdivision (1) restates and updates the provisions moved from �83
regarding the prohibition against any person trespassing on railroad
property, its tracks or right-of-way. A violation of this subdivision
is designated as a violation punishable by a fine of $100-$250.

* Subdivision (2) of �83-c restates the restrictions relating to
leading a horse or other animal across railroad tracks previously
contained in Section 83. The penalty for any such violation is raised
from the current $10 to a civil penalty not to exceed $100.

* Paragraph (a) of subdivision (3) makes it a misdemeanor to
knowingly, recklessly or intentionally engage in conduct that results
in damage to or defacement of railroad property. This may include
such things as throwing objects, placing objects on the tracks,
defacing equipment or interfering with signals. The offense is
subject to a monetary penalty of $500-$1500 and such other penalties
as set forth in the Penal Law.
Under paragraph (b), a violation of the provisions of paragraph (a)
which disrupts, delays or in any way interferes with railroad


operations is designated as a felony (class 5) punishable by a fine
of $1,000-$2,500 and such other penalties as proscribed in the Penal
Law.
Additionally, anyone convicted of this provision may be required, as a
condition of sentence, to compensate an affected railroad for any
disruption, delay or interference. Under paragraph (c), if the
conduct set forth in paragraphs (a) or (b) results in the death of or
serious injury to any other person, such conduct will be deemed to be
a class D felony, punishable by a fine $2,500-$5,000 and such other
penalties as set forth in the Penal Law.

* Subdivision 4 sets forth the parameters for "permission" and
"notice" as they relate to entry upon railroad property.

* Subdivision 5 provides that nothing contained in the forgoing
sections will preclude prosecution of any person for applicable
provisions of the Penal Law, including violations of the trespass
provisions pursuant to Article 140 or the assault and homicide
provisions as set forth in Articles 120 and 125 respectively.

*Subdivision 6 makes it clear that the provisions of this article
shall not be construed to limit the rights, remedies and damages
recoverable by any plaintiff or claimant in a civil action.

JUSTIFICATION:
Trespassing on railroad property has represented a danger,
predominantly to the trespassers, for as long as there have been
railroads. Indeed, the primary existing trespass provision of the
State Railroad Law (� 83) has not been amended since it was enacted
as Chapter 481 of the Laws of 1910.

Moreover, its original derivation can be traced to Chapter 140 of the
Laws of 1850. A few things have changed since then.

Railroad operations are certainly faster, more complex and more
sophisticated than they were in 1850 and 1910. Moreover, the
underlying safety concerns now extend well beyond the safety of the
trespasser. Now, overriding concerns with security has raised the
issue as to permissible access to the Nation's essential
transportation infrastructure.

For more than a century, railroads have transported freight and
passengers along dedicated lines, often carrying sensitive and
hazardous cargo safely and efficiently through the cities, towns and
villages of this nation. In order to maintain the safety and security
of our transportation network, it is absolutely imperative that the
antiquated railroad trespass laws be amended to reflect new public
security realities. Trespassing on railroad property cannot be
tolerated; and this legislation is but one essential component in
maintaining the integrity of the nation's rail system. As we learned
from the suicidal pick-up driver in California that caused the death
of 11 rail passengers, the consequences
of even one act of trespass can be catastrophic. Accordingly, the
railroad trespass laws must be updated to correspond with the today's
environment.


This legislation takes a firm and incremental approach to update these
laws. The concept of basic trespass is updated, but remains a
violation.
Trespass that results in damage to railroad property is a misdemeanor.
If such action disrupts, delays or interferes with railroad operations
it shall be a felony. And, if any such action results in the death of
or serious injury to another person, it shall be deemed a class D
felony.
These penalties reflect the incremental severity of the offense as
well as the consequences of such acts.

FISCAL IMPLICATIONS:
None.

LEGISLATIVE HISTORY:
2010:  S.4478B/A.1056D - Passed Senate

EFFECTIVE DATE:
This act shall take effect on the first of November after which it
shall have become law.

S1360-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1360

                         2011-2012 Regular Sessions

                              I N  SENATE

                               January 6, 2011
                                 ___________

  Introduced  by  Sens.  DILAN,  DIAZ,  HASSELL-THOMPSON -- 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 trespass on railroad
    property

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  Sections  83,  83-a and 83-b of the railroad law, section
  83-a as added by chapter 246 of the laws of 1977  and  section  83-b  as
  amended  by  chapter  428  of  the  laws of 1998, are amended to read as
  follows:

    S 83. Riding on platform; walking along track. No railroad corporation
  shall be liable for any injury to any passenger while on the platform of
  a car, or in any baggage, wood or  freight  car,  in  violation  of  the
  printed  regulations  of  the  corporation,  posted  up at the time in a
  conspicuous place inside of the passenger cars, then in  the  train,  if
  there  shall be at the time sufficient room for the proper accommodation
  of the passenger inside such passenger cars. [No person other than those
  connected with or employed upon the railroad shall walk  upon  or  along
  its track or tracks, except where the same shall be laid across or along
  streets  or  highways,  in  which  case he shall not walk upon the track
  unless necessary to cross the same. Any person riding, leading or  driv-
  ing  any  horse  or other animal upon any railroad, or within the fences
  and guards thereof, other than at a farm or street or  forest  crossing,
  without  the  consent of the corporation, shall forfeit to the people of
  the state the sum of ten dollars, and pay all damages sustained  thereby
  to the party aggrieved.]
    S  83-a.  Operation  of  MOTOR VEHICLES, snowmobiles, AND OTHER RECRE-
  ATIONAL VEHICLES on railroad property. Except in the case of a  railroad
  employee,  CONTRACTOR  OF  THE  RAILROAD  CORPORATION OR PUBLIC OFFICIAL
  acting in the performance of his [duty] OR HER DUTIES, no  person  shall

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01699-01-1

 S. 1360                             2

  KNOWINGLY  operate  a  MOTOR  VEHICLE, snowmobile, OR OTHER RECREATIONAL
  VEHICLE, INCLUDING ALL TERRAIN VEHICLES AND MOTORCYCLES, upon  abandoned
  railroad  property which is posted to prohibit the operation of [snowmo-
  biles] ANY SUCH VEHICLES thereupon, or upon or along the track or tracks
  of  an operating railroad or within the fences or guards thereof, except
  across or along streets or highways or at farm or forest crossings where
  necessary to cross [said] SUCH tracks or property. [Any person violating
  the provisions of this section shall be guilty of a violation punishable
  by a fine of one hundred dollars for each separate offense.] A VIOLATION
  OF THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE A VIOLATION  PUNISHA-
  BLE  BY  A  FINE  OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN TWO
  HUNDRED FIFTY DOLLARS. CONVICTION FOR A SECOND OR  SUBSEQUENT  VIOLATION
  OF  THE  PROVISIONS OF THIS SECTION SHALL BE PUNISHABLE BY A FINE OF NOT
  LESS THAN TWO HUNDRED FIFTY NOR MORE THAN  FIVE  HUNDRED  DOLLARS  OR  A
  PERIOD  OF IMPRISONMENT NOT TO EXCEED FIFTEEN DAYS, OR BY BOTH SUCH FINE
  AND SUCH IMPRISONMENT.
    S 83-b. Trespass upon railroad premises IN A CITY HAVING A  POPULATION
  OF  ONE  MILLION  OR  MORE INHABITANTS AND IN CERTAIN COUNTIES. [1.] Any
  city with a population of one  million  or  more  and  the  counties  of
  Monroe,  Nassau,  and  Suffolk  are authorized and empowered to adopt or
  amend a local law or ordinance designating any portion  or  portions  of
  property  consisting  of  a  right-of-way or yard of a railroad or rapid
  transit railroad as a no-trespass railroad zone and  providing  for  the
  conspicuous  posting  thereof  for  purposes  of  establishing  criminal
  liability for trespass upon such property pursuant to subdivision (g) of
  section 140.10 of the penal law.
    [2. The provisions of sections eighty-three and eighty-three-a of this
  article shall not be construed to prohibit or limit the  prosecution  of
  any  person  for  a  violation  of  the provisions of subdivision (g) of
  section 140.10 of the penal law.]
    S 2. The railroad law is amended by adding a new section 83-c to  read
  as follows:

    S  83-C. TRESPASS UPON RAILROAD PREMISES; DAMAGE TO RAILROAD PROPERTY.
  1. NO PERSON OTHER THAN THOSE WITH PERMISSION FROM THE  RAILROAD  CORPO-
  RATION  OR EMPLOYED BY THE RAILROAD CORPORATION SHALL KNOWINGLY ENTER OR
  REMAIN ON RAILROAD PROPERTY OR RIGHT-OF-WAY INCLUDING, BUT  NOT  LIMITED
  TO,  WALKING  UPON  OR  ALONG ITS TRACK OR TRACKS, EXCEPT WHERE THE SAME
  SHALL BE LAID ACROSS OR ALONG STREETS OR HIGHWAYS, IN WHICH CASE  HE  OR
  SHE  SHALL NOT WALK UPON THE TRACK UNLESS NECESSARY TO CROSS THE SAME AT
  AN ESTABLISHED GRADE CROSSING. A VIOLATION OF  THE  PROVISIONS  OF  THIS
  SUBDIVISION  SHALL  CONSTITUTE  A  VIOLATION PUNISHABLE BY A FINE OF NOT
  LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN TWO HUNDRED  FIFTY  DOLLARS.
  CONVICTION  FOR  A  SECOND  OR SUBSEQUENT VIOLATION OF THE PROVISIONS OF
  THIS SUBDIVISION SHALL BE PUNISHABLE BY A FINE  OF  NOT  LESS  THAN  TWO
  HUNDRED  FIFTY  DOLLARS  NOR MORE THAN FIVE HUNDRED DOLLARS, A PERIOD OF
  IMPRISONMENT NOT TO EXCEED FIFTEEN DAYS, OR BY BOTH SUCH FINE  AND  SUCH
  IMPRISONMENT.
    2.  ANY  PERSON  RIDING, LEADING, OR DRIVING ANY HORSE OR OTHER ANIMAL
  UPON ANY RAILROAD, OR WITHIN THE RIGHT-OF-WAY, FENCES, AND GUARDS THERE-
  OF, OTHER THAN AT A FARM OR  STREET  OR  FOREST  CROSSING,  WITHOUT  THE
  CONSENT  OF  THE CORPORATION, SHALL FORFEIT TO THE PEOPLE OF THE STATE A
  SUM  NOT TO EXCEED ONE HUNDRED DOLLARS AS A CIVIL  PENALTY  PURSUANT  TO
  SECTION 60.30 OF THE PENAL LAW.
    3.  (A)  NO PERSON SHALL KNOWINGLY, RECKLESSLY OR INTENTIONALLY ENGAGE
  IN ANY CONDUCT THAT RESULTS IN DAMAGE TO OR  SUBSTANTIAL  DEFACEMENT  OF
  RAILROAD  PROPERTY.   SUCH CONDUCT SHALL INCLUDE, BUT IS NOT LIMITED TO,

 S. 1360                             3

  THROWING OBJECTS THAT STRIKE RAILROAD FACILITIES, STRUCTURES OR  ROLLING
  STOCK,  PLACING  OBJECTS  ON OR IMMEDIATELY ADJACENT TO RAILROAD TRACKS,
  DEFACING, DISARMING, OR IN ANY WAY INTERFERING WITH SIGNALS OR SWITCHES.
  A VIOLATION OF THE PROVISIONS OF THIS SUBDIVISION SHALL BE A MISDEMEANOR
  PUNISHABLE BY A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN
  ONE  THOUSAND  FIVE  HUNDRED  DOLLARS,  IMPRISONMENT FOR A PERIOD NOT TO
  EXCEED ONE YEAR, OR BY BOTH SUCH FINE  AND  SUCH  IMPRISONMENT.    WHERE
  APPROPRIATE,  THE  COURT  MAY  AUTHORIZE  THE  PAYMENT OF RESTITUTION IN
  ACCORDANCE WITH THE PROVISIONS OF SECTION 60.27 OF THE PENAL LAW.
    (B) A VIOLATION OF THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION
  WHICH DISRUPTS OR DELAYS RAILROAD OPERATIONS OR SUBSTANTIALLY INTERFERES
  WITH THE SAFE OPERATION OF THE RAILROAD SHALL BE A FELONY PUNISHABLE  BY
  A  FINE OF NOT LESS THAN ONE THOUSAND DOLLARS NOR MORE THAN TWO THOUSAND
  FIVE HUNDRED DOLLARS, IMPRISONMENT FOR A PERIOD AUTHORIZED BY THE  PENAL
  LAW  FOR  A  CLASS E FELONY, OR BY BOTH SUCH FINE AND SUCH IMPRISONMENT.
  WHERE APPROPRIATE, THE COURT MAY AUTHORIZE THE PAYMENT OF RESTITUTION IN
  ACCORDANCE WITH THE PROVISIONS OF SECTION 60.27 OF THE PENAL LAW.
    (C) IF A VIOLATION OF THE PROVISIONS OF PARAGRAPH (A) OR (B)  OF  THIS
  SUBDIVISION RESULTS IN THE DEATH OF ANOTHER PERSON OR RESULTS IN SERIOUS
  PHYSICAL  INJURY,  AS  DEFINED IN SECTION 10.00 OF THE PENAL LAW, TO ANY
  OTHER PERSON, SUCH CONDUCT SHALL BE SUBJECT TO PROSECUTION IN ACCORDANCE
  WITH THE PROVISIONS OF ARTICLES ONE HUNDRED TWENTY AND ONE HUNDRED TWEN-
  TY-FIVE OF THE PENAL LAW, AS APPLICABLE.
    4. FOR THE PURPOSES OF THIS SECTION, A PERSON IS DEEMED TO HAVE  ACTED
  KNOWINGLY,  AND  ACTUAL NOTICE THAT A PERSON IS ILLEGALLY TRESPASSING ON
  RAILROAD PROPERTY IS NOT NECESSARY, IF  THE  SURROUNDING  CIRCUMSTANCES,
  SUCH  AS  CLOSE  PROXIMITY  TO  RAILROAD TRACKS, BUILDINGS, EQUIPMENT OR
  OTHER FACILITIES, WOULD ALERT REASONABLE PERSONS  THAT HE OR SHE  IS  ON
  RAILROAD PROPERTY OR EQUIPMENT. PERMISSION TO ENTER ON RAILROAD PROPERTY
  OR  EQUIPMENT  NOT DESIGNATED FOR PUBLIC USE BY THE RAILROAD CORPORATION
  SHALL NOT BE IMPLIED, BUT SHALL BE IN WRITING OR BY  ANOTHER  ACCEPTABLE
  AFFIRMATIVE MANNER OF CONSENT, UNLESS OTHERWISE PROVIDED BY LAW.
    5.   THE   PROVISIONS  OF  THIS  SECTION  AND  SECTIONS  EIGHTY-THREE,
  EIGHTY-THREE-A AND EIGHTY-THREE-B OF THIS ARTICLE SHALL NOT BE CONSTRUED
  TO PROHIBIT OR LIMIT THE PROSECUTION OF ANY PERSON  FOR  ANY  APPLICABLE
  VIOLATION OF THE PROVISIONS OF THE PENAL LAW, INCLUDING, BUT NOT LIMITED
  TO, THE APPLICABLE PROVISIONS OF ARTICLE ONE HUNDRED FORTY OF SUCH LAW.
    6.   THE   PROVISIONS  OF  THIS  SECTION  AND  SECTIONS  EIGHTY-THREE,
  EIGHTY-THREE-A AND EIGHTY-THREE-B OF THIS ARTICLE SHALL NOT BE CONSTRUED
  TO LIMIT THE RIGHTS, REMEDIES AND DAMAGES RECOVERABLE BY  ANY  PLAINTIFF
  OR CLAIMANT IN ANY CIVIL ACTION AS PROVIDED BY APPLICABLE LAW.
    S 3. This act shall take effect on the first of November next succeed-
  ing the date on which it shall have become a law.