N.Y. Railroad Law Section 72
Inspection of locomotives


It shall be the duty of every railroad corporation which operates a railroad not exceeding fifty miles in length by steam power or any other form of energy, within this state, and of any other corporation (except a railroad corporation), partnership or person owning or operating a locomotive or locomotives propelled by steam, or any other form of energy, which may at any time pass over or on the tracks of any railroad corporation within the state or over or on any track parallel to and immediately adjacent to any track of any railroad corporation within the state, and of the directors, managers or superintendents of such corporations, to cause thorough inspections to be made of the safety appliances, machinery, and all appurtenances thereto of all the locomotives which may be owned or operated by such corporations, partnerships or persons within this state. Such inspections shall be made at least every thirty days under the direction and superintendence of said corporations, partnerships or persons, by persons of suitable qualifications and attainments to perform the services required of inspectors of boilers and other locomotive equipment, and who from their knowledge of the construction and use of boilers and other locomotive equipment, and the appurtenances therewith connected, are able to form a reliable opinion of the strength, form, workmanship and suitableness of boilers and other locomotive equipment, to be employed without hazard of life, from imperfections in material, workmanship or arrangement of any part of such locomotive and appurtenances. All boilers used on such locomotives shall comply with the following requirements: The boilers must be made of good and suitable materials; the openings for the passage of water and steam respectively, and all pipes and tubes exposed to heat shall be of proper dimensions; the safety valves, fusible plugs, water glasses, gauge cocks and steam gauges, shall be of such construction, condition and arrangement that the same may be safely employed in the active service of said corporations, partnerships or persons without peril to life; and each inspector shall satisfy himself by thorough examination that said requirements have been fully complied with. No boiler, nor any connection therewith, shall be approved which is unsafe in its form, or dangerous from defects, workmanship or other cause. The person or persons who shall make the said inspections if he or they approve of the boiler and other locomotive equipment and the appurtenances thereto throughout, shall make and subscribe his or their name to a certificate which may be a duplicate of the certificate required by the federal railroad administration and which shall contain the number of each locomotive and boiler inspected, the date of inspection, the condition of the boiler and other locomotive equipment inspected, and such other details as may be prescribed by the commissioner of transportation. Every certificate shall be verified by the oath of the inspector, and he shall cause such certificate to be filed in the office of the commissioner of transportation, every January and July, and also a copy thereof with the chief operating officer or employee of such corporation, partnership or person having charge of the operation of such locomotive; a copy shall also be placed by such officer or employee in a conspicuous place in the cab connected with such locomotive, and there displayed under a transparent cover. The commissioner of transportation shall have the power, from time to time, to formulate rules and regulations for the inspection and testing of locomotives as aforesaid, and may require the removal of incompetent inspectors of locomotives under the provisions of this section. If it shall be ascertained by such inspection and test or otherwise, that any locomotive is unsafe for use, the same shall not again be used until it shall be repaired, and made safe, so as to comply with the requirements of this section. Every such corporation, director, manager or superintendent, partnership or person violating any of the provisions of this section shall be liable to a penalty, to be paid to the people of the state of New York, of one hundred dollars for each offense, and the further penalty of one hundred dollars for each day it or he shall omit or neglect to comply with said provisions, and the making or filing of a false certificate shall be a misdemeanor, and every inspector who wilfully certifies falsely with respect to any locomotive, or any appurtenance thereto belonging, or any matter or thing contained or required to be contained in any certificate, signed and sworn to by him, shall be guilty of a misdemeanor. The commissioner of transportation shall enforce the provisions of this section as to penalties.

Source: Section 72 — Inspection of locomotives, https://www.­nysenate.­gov/legislation/laws/RRD/72 (updated Sep. 22, 2014; accessed Apr. 20, 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. 20, 2024

Last modified:
Sep. 22, 2014

§ 72’s source at nysenate​.gov

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