bikes-on-trains is state law in new york!
New York State bikes on trains law has been in effect since 1896 when the League of American Wheelman successfully fought for bicycle access on trains. Section 66 of New York State Railroad Law, to quote the New York Times, mandates "free transportation of bicycles as baggage."
Section 66 of the NYS Railroad Law
ยง 66. Checks for baggage. A check, made of some proper substance of convenient size and form, plainly stamped with numbers, and furnished with a convenient strap or other appendage for attaching to baggage, shall be affixed to every piece or parcel of baggage when taken for transportation for a passenger by the agent or employee of such corporation, if there is a handle, loop or fixture therefor upon the piece or parcel of baggage, and a duplicate thereof given to the passenger or person delivering the same to him. If such check be refused on demand the corporation shall pay to the passenger the sum of ten dollars, and no fare shall be collected or received from him; and if he shall have paid his fare it shall be refunded to him by the conductor in charge of the train. Such baggage shall be delivered, without unnecessary delay, to the passenger or any person acting in his behalf, at the place to which it was to be transported, where the cars usually stop, or at any other regular intermediate stopping place upon notice to the baggage-master in charge of baggage on the train of not less than thirty minutes, upon presentation of such duplicate check to the officer or agent of the railroad corporation, or of any corporation, over any portion of whose road it was transported. Bicycles are hereby declared to be and be deemed baggage for the purposes of this article and shall be transported as baggage for passengers by railroad corporations and subject to the same liabilities, and no such passenger shall be required to crate, cover or otherwise protect any such bicycle; provided, however, that a railroad corporation shall not be required to transport, under the provisions of this section, more than one bicycle for a single person.
This language is specific to individuals traveling specifically for personal non-motorized bicycle travel - not the transport of bicycles - "more than one" for commercial purposes.
This language contained within the law does not appear to suggest that it applies only to trains that have baggage cars, nor does it appear to in any way hinder the establishment of a bike car, or a section of a passenger car to be set aside exclusively for the use of bicycle parking. In fact, it describes that bicycles shall be brought on and off trains in a manner that a reasonable person would expect - uncrated & uncovered.
The language herein stated of Section 66 of New York State RR law, in my opinion, does not authorize periods of time in which bicycles may be excluded, or prohibited.
In fact, one may interpret that any time a cyclist is refused entry onto a train with his bicycle in New York State, the railroad corporation is liable to paying a sum of $10 to each cyclist who is denied the opportunity to board his or her bicycle on the train and the specific harm that is aggregated by that denial qualifies the cyclist to reimbursement for the fare he or she paid to travel on that train. There is no specific language contained within the law, which confines that to private corporations, in other words it appears that this law applies to public corporations, too.
This also calls into question the bicycle permit policy and whether it must be revoked since there is a charge associated with being granted that permit, however small that permit fee is.
Section 66 of the NYS Railroad Law
ยง 66. Checks for baggage. A check, made of some proper substance of convenient size and form, plainly stamped with numbers, and furnished with a convenient strap or other appendage for attaching to baggage, shall be affixed to every piece or parcel of baggage when taken for transportation for a passenger by the agent or employee of such corporation, if there is a handle, loop or fixture therefor upon the piece or parcel of baggage, and a duplicate thereof given to the passenger or person delivering the same to him. If such check be refused on demand the corporation shall pay to the passenger the sum of ten dollars, and no fare shall be collected or received from him; and if he shall have paid his fare it shall be refunded to him by the conductor in charge of the train. Such baggage shall be delivered, without unnecessary delay, to the passenger or any person acting in his behalf, at the place to which it was to be transported, where the cars usually stop, or at any other regular intermediate stopping place upon notice to the baggage-master in charge of baggage on the train of not less than thirty minutes, upon presentation of such duplicate check to the officer or agent of the railroad corporation, or of any corporation, over any portion of whose road it was transported. Bicycles are hereby declared to be and be deemed baggage for the purposes of this article and shall be transported as baggage for passengers by railroad corporations and subject to the same liabilities, and no such passenger shall be required to crate, cover or otherwise protect any such bicycle; provided, however, that a railroad corporation shall not be required to transport, under the provisions of this section, more than one bicycle for a single person.
This language is specific to individuals traveling specifically for personal non-motorized bicycle travel - not the transport of bicycles - "more than one" for commercial purposes.
This language contained within the law does not appear to suggest that it applies only to trains that have baggage cars, nor does it appear to in any way hinder the establishment of a bike car, or a section of a passenger car to be set aside exclusively for the use of bicycle parking. In fact, it describes that bicycles shall be brought on and off trains in a manner that a reasonable person would expect - uncrated & uncovered.
The language herein stated of Section 66 of New York State RR law, in my opinion, does not authorize periods of time in which bicycles may be excluded, or prohibited.
In fact, one may interpret that any time a cyclist is refused entry onto a train with his bicycle in New York State, the railroad corporation is liable to paying a sum of $10 to each cyclist who is denied the opportunity to board his or her bicycle on the train and the specific harm that is aggregated by that denial qualifies the cyclist to reimbursement for the fare he or she paid to travel on that train. There is no specific language contained within the law, which confines that to private corporations, in other words it appears that this law applies to public corporations, too.
This also calls into question the bicycle permit policy and whether it must be revoked since there is a charge associated with being granted that permit, however small that permit fee is.
Labels: bicycling, bikes-on-trains
posted by Richard Stowe at 9:03 PM
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