A 8040: Requires railroad corporations to conduct a comprehensive safety inspection when a freight train is parked in a train yard prior to traveling on tracks within the state including, but not be limited to, a review of tracks, safety equipment, including brakes, and train cars.

  
  STATE OF NEW YORK ________________________________________________________________________ 8040 2025-2026 Regular Sessions  IN ASSEMBLY April 22, 2025 ___________ Introduced by M. of A. McMAHON -- read once and referred to the Commit- tee on Transportation AN ACT to amend the railroad law, in relation to requiring railroad corporations to conduct a comprehensive safety inspection when a freight train is parked in a train yard prior to traveling on tracks within the state The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The railroad law is amended by adding a new section 72-a to 2 read as follows: 3 § 72-a. Freight train inspections. 1. Every railroad corporation which 4 operates any freight train within the state shall conduct a comprehen- 5 sive safety inspection when a freight train is parked in a train yard 6 prior to traveling on tracks within the state. Such safety inspection 7 shall include, but not be limited to, a review of tracks, wheels, safety 8 equipment, including brakes and bearings, and train cars. The depart- 9 ment of transportation shall compare such safety inspection results with 10 the inspection the railroad corporation conducted prior to originating 11 the entire planned trip. 12 2. Every railroad corporation which operates any freight train within 13 the state shall have a minimum of two qualified car inspectors on either 14 side of a freight train as it leaves a rail yard to observe for safety 15 issues. 16 3. The commissioner shall promulgate all rules and regulations neces- 17 sary for the implementation of this section. 18 § 2. This act shall take effect on the thirtieth day after it shall 19 have become a law; provided, further, that this act shall be deemed 20 repealed if any federal agency determines in writing that this act would 21 render New York state ineligible for the receipt of federal funds or any 22 court of competent jurisdiction finally determines that this act would 23 render New York state out of compliance with federal law or regulation; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03019-03-5 
 A. 8040 2 1 and provided, further, that the commissioner of transportation shall 2 notify the legislative bill drafting commission upon the occurrence of 3 such determination in order that the commission may maintain an accurate 4 and timely effective data base of the official text of the laws of the 5 state of New York in furtherance of effectuating the provisions of 6 section 44 of the legislative law and section 70-b of the public offi- 7 cers law. Effective immediately, the addition, amendment and/or repeal 8 of any rule or regulation necessary for the implementation of this act 9 on its effective date are authorized to be made and completed on or 10 before such effective date.