N.Y. Railroad Law Section 69
Minimum standards for track inspection and maintenance


In the case of all tracks over which there are regularly scheduled passenger movements, and all tracks currently being used for the movement of freight trains where the maximum authorized speed is in excess of thirty-five miles per hour, the following regulations requiring track inspection shall apply to all common carriers by a class one railroad operating within the state of New York:

1.

Track inspection shall be made by a track foreman or equally qualified employee of the railroad company involved, provided such employee shall not be required to inspect more than one hundred miles of track per day.

2.

Each railroad shall assign a supervisory employee above the rank of track foreman to be in charge of the inspection required by these regulations of all track within the area of his responsibility, which area shall be clearly designated.

3.

Tracks subject to this section shall be inspected not less than twice each week.

4.

All switches shall be inspected on foot at least once each month.

5.

If track cars or other vehicles, including off-track vehicles, are used for twice-weekly inspections, they shall be operated at such speed as will insure adequate inspection but not in excess of five miles per hour at all railroad crossings, highway crossings and switches.

6.

Inspection of track shall include particular attention to the detection of unsafe conditions resulting from bad alignment, improper cross level, faulty gauge, loose ties, broken or missing bolts, and broken rails and angle bars.

7.

In all inspections of highway crossings, particular attention shall be given to the detection of unsafe conditions resulting from loose planking or obstructed flangeways.

8.

In the monthly on-foot inspection of switches, particular attention shall be given to the detection of unsafe conditions resulting from open or defective switch points, loose or missing bolts in heel fillers on blocking, defective guard rails or frogs. Switches not in “Automatic Signal” or “Centralized Traffic Control” territory shall be operated at least once each month to insure that they are in proper working order.

9.

Where twice-weekly inspections are required, such inspections shall not be made on consecutive days.

10.

Except in case of emergency, when passenger trains are to be operated over tracks not subject to this regulation, such tracks shall be inspected within forty-eight hours prior to the operation of such trains.

11.

When the track inspection reveals improper alignment, improper cross level, faulty gauge, loose ties, defective switch points, or any condition which, in the judgment of the individual inspecting the track, creates an unsafe track condition, he shall take immediate appropriate action for the safety of operations and report, in writing, to his superior officer the condition observed and the action taken.

Source: Section 69 — Minimum standards for track inspection and maintenance, https://www.­nysenate.­gov/legislation/laws/RRD/69 (updated Jun. 17, 2022; accessed Jul. 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:
Jul. 13, 2024

Last modified:
Jun. 17, 2022

§ 69’s source at nysenate​.gov

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