SMART-TD Cites ‘Victory in the Empire State’

SMART-TD photo

New York Democratic Governor Kathy Hochul on Dec. 8 signed into law S.5775, a bill requiring railroads in her state to operate with minimum-two-person crews (2PC). Hochul a year earlier vetoed a similar bill. However, S.5775, like minimum crew-size bills passed in Ohio, Minnesota and several other states, is moot so long as existing contracts with all Class I’s currently in effect provide for two-person crews.

The bill, introduced in March, “establishes an escalating structure of fines for violations by Class I and II rail carriers that run freight trains without two on the crew in the state,” SMART-TD said. “It takes effect in January 2024.”

But again, S.5775 “is no different than all the others passed,” notes Railway Age Capitol Hill Contributing Editor Frank N. Wilner. “They are moot. The only thing of note is what the Federal Railroad Administration does in February or March—an expected national two-person-crew mandate that will immediately be challenged by railroads. The FRA Administrator, reputedly joined at the hip with rail labor, is finalizing this mandate plus new requirements for dispatcher and signal employee certification. Railroads will ask federal courts to nullify the directives, alleging lack of safety justification and remarkably negative benefit/cost ratios.”

Hochul’s action followed “a superlative effort from SMART-TD’s New York State Legislative Board led by State Legislative Director Sam Nasca,” SMART-TD said. “A mere three years ago, a bill establishing a minimum freight crew size did not even make it out of a state Senate committee. Now, New York is the third state this year to pass and have the governor sign 2PC legislation, bringing the total number of states to have implemented legislation or regulations regarding a minimum two-person crew to a dozen. Given a second chance to act, New York Gov. Kathy Hochul has chosen to side with safety.”