* § 63-a. Minimum crew size. 1. Except as otherwise provided in subdivision two of this section, no person operating or controlling any Class I or Class II railroad shall allow the operation of any railroad train or locomotive for the movement of hazardous material in this state unless such railroad train or locomotive has a crew of not less than two individuals.

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2. The provisions of subdivision one of this section shall not apply to a railroad train or locomotive engaged in switching service.

3. As used in this section, the following terms shall have the following meanings:

(a) "Class I railroad" means a railroad that has been classified as a Class I railroad by the federal surface transportation board in accordance with 49 C.F.R. part 1201 section 1-1.

(b) "Class II railroad" means a railroad that has been classified as a Class II railroad by the federal surface transportation board in accordance with 49 C.F.R. part 1201 section 1-1.

(c) "Locomotive" means a self-propelled piece of on-track equipment designed for moving or propelling cars that are designed to carry freight, passengers, or other equipment, but which itself is not designed or intended to carry freight, passengers (other than those operating the locomotive) or other equipment.

(d) "Railroad" means a commercial entity that operates locomotives to transport passengers or freight.

(e) "Switching service" means the classification of rail cars according to commodity or destination; assembly of rail cars for train movements; changing the position of rail cars for purposes of loading, unloading or weighing; placing of locomotives and rail cars for repair or storage; or moving of rail equipment in connection with work service that does not constitute train movement.

(f) "Train" means one or more locomotives, coupled with or without cars.

(g) "Hazardous material" means material designated as hazardous by the United States secretary of transportation pursuant to subsection (a) of section fifty-one hundred three of title forty-nine of the United States code.

4. A violation of the provisions of subdivision one of this section shall be punishable by a civil penalty in an amount of not less than two hundred fifty dollars nor more than one thousand dollars for a first violation; for a second violation both of which were committed within a period of three years by a civil penalty of not less than one thousand dollars nor more than five thousand dollars; and for a third or subsequent violation all of which were committed within a period of three years, by a civil penalty of not less than five thousand dollars nor more than ten thousand dollars.

* NB Repealed upon certain provisions (see chapter 707 of 2023 § 3)