N.Y. RRD Law § 63-A

* § 63-a. Minimum crew size. 1. Except as otherwise provided in\nsubdivision two of this section, no person operating or controlling any\nClass I or Class II railroad shall allow the operation of any railroad\ntrain or locomotive for the movement of hazardous material in this state\nunless such railroad train or locomotive has a crew of not less than two\nindividuals.\n 2. The provisions of subdivision one of this section shall not apply\nto a railroad train or locomotive engaged in switching service.\n 3. As used in this section, the following terms shall have the\nfollowing meanings:\n (a) "Class I railroad" means a railroad that has been classified as a\nClass I railroad by the federal surface transportation board in\naccordance with 49 C.F.R. part 1201 section 1-1.\n (b) "Class II railroad" means a railroad that has been classified as a\nClass II railroad by the federal surface transportation board in\naccordance with 49 C.F.R. part 1201 section 1-1.\n (c) "Locomotive" means a self-propelled piece of on-track equipment\ndesigned for moving or propelling cars that are designed to carry\nfreight, passengers, or other equipment, but which itself is not\ndesigned or intended to carry freight, passengers (other than those\noperating the locomotive) or other equipment.\n (d) "Railroad" means a commercial entity that operates locomotives to\ntransport passengers or freight.\n (e) "Switching service" means the classification of rail cars\naccording to commodity or destination; assembly of rail cars for train\nmovements; changing the position of rail cars for purposes of loading,\nunloading or weighing; placing of locomotives and rail cars for repair\nor storage; or moving of rail equipment in connection with work service\nthat does not constitute train movement.\n (f) "Train" means one or more locomotives, coupled with or without\ncars.\n (g) "Hazardous material" means material designated as hazardous by the\nUnited States secretary of transportation pursuant to subsection (a) of\nsection fifty-one hundred three of title forty-nine of the United States\ncode.\n 4. A violation of the provisions of subdivision one of this section\nshall be punishable by a civil penalty in an amount of not less than two\nhundred fifty dollars nor more than one thousand dollars for a first\nviolation; for a second violation both of which were committed within a\nperiod of three years by a civil penalty of not less than one thousand\ndollars nor more than five thousand dollars; and for a third or\nsubsequent violation all of which were committed within a period of\nthree years, by a civil penalty of not less than five thousand dollars\nnor more than ten thousand dollars.\n * NB Repealed upon certain provisions (see chapter 707 of 2023 § 3)\n