N.Y. Railroad Law Section 52-D
Debris to be cleared


Every railroad shall maintain and keep clear of debris the margins alongside their yard tracks used for switching operations where railroad employees are required to walk in the course of their duties. Such margins constitute the area between the ends of the ties and a distance of nine feet on either side of the center line of any track in any yard. In addition, each railroad shall keep the area around any switch in any such yard, clear of debris for a distance of nine feet on either side of the center line of any tracks wherein any such switch is located. Such debris shall include but not be limited to used or discarded brake shoes, air hoses, railroad ties, or portions thereof, parts of railroad cars or locomotives, lumber and oil, grease or waste of any type. Debris does not include track materials being placed on or removed from tracks under maintenance or replacement programs concerning which the railroad has notified its employees of the presence and location of such materials. Upon the filing by a recognized railroad labor representative, as defined by the railway labor act, of a written, verified complaint with the railroad superintendent of the division involved and with the department of transportation, designating the nature of the debris and the particular area or location where any of the above described debris has existed for a period of at least seventy-two hours. Upon receipt of such verified complaint the superintendent of the division shall advise the complainant as well as the department of transportation within ten days as to the specific remedies or actions said superintendent intends to take to resolve the complaint. If the superintendent takes issue or disagrees with the verified complaint filed by the designated railroad labor representative he shall within ten days so notify said representative and the department of transportation. The department of transportation shall be allowed a period of fifteen days to determine the veracity of said complaint. If the complaint proves to be correct as verified by the department of transportation inspector the department of transportation shall then issue appropriate orders to the railroad specifying that the conditions be rectified within ten days. At the end of the tenth day if the conditions still persist the department of transportation shall be empowered to fine the railroad the sum of fifty dollars per day until such time as the complaint has been rectified.

Source: Section 52-D — Debris to be cleared, https://www.­nysenate.­gov/legislation/laws/RRD/52-D (updated Sep. 22, 2014; accessed Apr. 13, 2024).

50
Liability of corporation to employees of contractor
51
Weight of rail
51–A
Clearances
52
Fences, farm crossings and cattle-guards
52–A
Fences along road operated by electric third rail
52–B
Fences along right of way
52–C
Fences in Queens county
52–D
Debris to be cleared
52–E
Penalties for littering
53
Sign boards, flagmen and gates at crossings
53–A
Warning signs
53–B
Ringing bells and blowing whistles at crossings
53–C
Obstructing farm and highway crossings
53–D
Unlawful propulsion of a missile at railroad trains
53–E
Unlawful interference with a railroad train
53–F
Joint inspection of traffic-control signals interconnected with highway-rail at-grade crossing warning systems
54
Notice of starting trains
54–A
Communication
55
Accommodation of connecting roads
56
Locomotives must stop at grade crossings
57
Rates of fare
57–A
A steam or electric railroad corporation having a franchise from this state, operating to and from stations within a city of over a milli...
58
Excess charge when fare paid on cars
59
Penalty for excessive fare
60
Issue and use of mileage books
61
Passenger refusing to pay fare may be ejected
61–A
Sounding of certain signals on railroad cars by unauthorized persons
62
Sleeping and parlor cars
63
Persons employed as drivers, conductors, motormen or gripmen
63–A
Minimum crew size
64
Injuries to employees
65
Conductors and employees must wear badges
66
Checks for baggage
67
Penalties for injuries to baggage
68
Unclaimed freight and baggage
69
Minimum standards for track inspection and maintenance
70
Rights and liabilities as common carriers
71
Duties imposed
71–A
Reflective whistle signs
72
Inspection of locomotives
73
Inspectors of locomotives
74
Care of steam locomotives
75
commissioner of transportation may approve other safeguards
76
Use of stoves or furnaces prohibited
76–A
Motor cars and equipment
76–B
Equipment required on motor vehicles transporting railroad employees
77
Equipment of engines
77–A
First-aid equipment on locomotives
77–B
Speedometers on certain locomotives
77–C
Sanitary conditions
78
Coal jimmies and caboose cars
78–A
Electric or battery-powered markers
79
Air-brakes
80
Couplers
81
Violation of sections seventy-seven, seventy-seven-c, seventy-eight, seventy-nine, and eighty
82
Canada thistles to be cut
83
Riding on platform
83–A
Operation of motor vehicles, snowmobiles, recreational vehicles, and riding of animals on railroad property
83–B
Trespass upon railroad premises
84
Corporations may establish ferries
85
Certain railroads may cease operation in winter
86
Certain railroads need not be operated beyond June, July, August and September
87
Mails
88
When railroads may designate police officers
89
New railroads across streets
90
New streets across railroads
91
Alteration or rehabilitation of existing crossing
92
Acquisition of land, right or easement in crossing
93
Repair of bridges and subways at crossings
93–A
Maintenance and removal of highway-railroad crossing at grade
93–B
Maintenance and removal of highway-railroad separation structures
94
Performance of work
95
Proceedings by commissioner of transportation for alteration of existing crossings
96
Proceedings to enforce orders of commissioner of transportation
97
Intercity rail passenger service
97–A
Commuter rail service
98
Intersection of railroads
99
Application of foregoing section
100
Temporary leave granted by court to a street surface railroad
101
Consent of commissioner of transportation in certain cases
102
Ventilation of tunnels
103
Lighting of tunnels
104
Compliance with orders of commissioner of transportation
105
Enforcement
106
Penalty for violation
107
Judgment-roll
108
Approval of appliances in cities having a population of one million inhabitants or over

Accessed:
Apr. 13, 2024

Last modified:
Sep. 22, 2014

§ 52-D’s source at nysenate​.gov

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