N.Y. Railroad Law Section 53
Sign boards, flagmen and gates at crossings


1.

Every railroad corporation shall cause a sign board to be placed, well supported and constantly maintained, at every crossing where its road is crossed by a public highway at grade. Such sign board shall be of a shape and design to be approved by the commissioner of transportation, and shall have suitable words painted thereon to warn travelers of the existence of such grade crossing. The commissioner of transportation shall have power to prescribe the location and elevation of such sign and the words of warning thereon. The commissioner of transportation may dispense with the use of such sign boards at such crossings as he may designate in cities and villages. At any point where a steam or electric railroad operating upon private right of way crosses a street, highway, turnpike, plankroad, or traveled way at grade, the corporation owning or operating such steam or electric railroad must upon order of the commissioner of transportation station a flagman, erect gates to be opened and closed when an engine or train passes, or provide other means of protection, and where a steam railroad crosses a street railroad at grade, and the corporation owning or operating such railroad refuses to station a flagman, erect gates, to be opened and closed when an engine or train passes, the commissioner of transportation may, upon application, order that a flagman be stationed at such point, or that gates shall be erected thereat, and that a person be stationed to open and close them when an engine or train passes, or may make such other order respecting the same as he deems proper.

2.

Whenever the crossing by a railroad at grade of the streets, highways, turnpikes, plank-roads or traveled ways of any village or city, having a population by the last state or federal enumeration of less than fifty thousand, shall be protected by gates with persons to open and close the same or by any type of automatic protection, when an engine or train passes, the local authorities of the city or village shall not impose any limitation, less than forty miles an hour, on the rate of speed at which such engine or train shall be run, or enforce any existing limitation upon such rate of speed, less than forty miles an hour.

Source: Section 53 — Sign boards, flagmen and gates at crossings, https://www.­nysenate.­gov/legislation/laws/RRD/53 (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

§ 53’s source at nysenate​.gov

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