N.Y. Railroad Law Section 88
When railroads may designate police officers


1.

Upon the application of any corporation owning or operating a railroad, express company operating over a railroad, or of any steamboat company, the superintendent of state police may appoint any person as a police officer, with all the powers of a police officer in cities and villages, for the preservation of order and of the public peace, and the arrest of all persons committing offenses upon the land of or upon property in the custody of or under the control of such corporation, express company or steamboat company.

2.

Such application shall be in writing, specifying the name, age, and address of each person for whom an appointment is sought.

3.

The corporation, express company or steamboat company making any such application shall cause the fingerprints of each proposed appointee to be taken in the form and manner prescribed by the division of criminal justice services and one set of such fingerprints shall be forwarded to the division of criminal justice services, and one set to the federal bureau of investigation. Such fingerprints shall be searched by each agency against the fingerprint records in its files and be retained in the files of such agencies.

4.

Reports of the results of such searches shall be reviewed by the superintendent of state police prior to granting an appointment to determine whether a proposed appointee is thereby shown to have been convicted of a crime in the state of New York or of any offense in any other place which if committed in the state of New York would have been a crime and no person who is determined by such review to have been so convicted shall receive an appointment under this section.

5.

The corporation, express company or steamboat company making application shall also cause an investigation to be conducted in a manner satisfactory to the superintendent of state police of the character, qualifications and fitness of each proposed appointee and shall transmit to the superintendent of state police a report of the results of such investigation which shall be reviewed by the superintendent of state police and no person whom such investigation shows to be other than of good moral character shall receive an appointment under this section.

6.

No person shall be granted an appointment as a police officer under this section unless and until the corporation, express company or steamboat company making application shall certify to the superintendent of state police that the proposed appointee has had the minimum police training required for local police officers by the municipal police training council of the office of local government, executive department, state of New York, or such equivalent training as may be specifically approved by the executive director of the municipal police training council or if the proposed appointee has not had such minimum training that he will receive the same within twelve months from the date of any appointment granted under this section.

7.

No person shall be granted an appointment as a police officer under this section unless and until the corporation, express company or steamboat company making application shall certify to the superintendent of state police that the proposed appointee has had adequate firearms training or that before he is issued and/or is permitted to carry firearms and within six months from the date of any appointment made under this section, he will receive such training.

8.

If any person who has not received the minimum police and/or firearms training described in subdivisions six and seven of this section shall be appointed a police officer under this section, the corporation, express company or steamboat company which made application for his or her employment shall furnish the superintendent of state police, within six months of the date of appointment, a certificate issued by an approved municipal police council training school or its equivalent as previously described in this section, certifying the successful completion by the appointee of the minimum training required and/or shall certify to the superintendent of state police within six months of the date of appointment that the appointee has received adequate training in the use of firearms and in the event such certificate and/or such certification are not furnished the superintendent of state police within the time prescribed herein, he or she shall revoke the appointment.

9.

The superintendent of state police shall file the certificate of appointment of any such person in the office of the department of state, and shall forthwith notify the person appointed, by mail, at the address specified in the application that the certificate has been so filed. Each such person shall, within fifteen days after such certificate shall have been filed, and before entering upon the duties of his office, take and subscribe the constitutional oath of office, and file it in the office of the department of state. The home address of the person appointed shall appear in the certificate of appointment, and whenever such address is changed the corporation, express company or steamboat company employing the person appointed shall file with the superintendent of state police a statement of the new address.

10.

No person shall be appointed who is not an American citizen, and who has not, prior to the time of the filing of the application, filed in the office of the department of state his or her written consent to his or her appointment as such police officer.

11.

No conductor, brakeman, fireman, engineer or other person actively engaged in the operation and movement of any train or car or set of cars shall be eligible for appointment as a police officer.

12.

Each person designated to act as such police officer shall receive a license from the secretary of state and shall not be permitted to enter upon his or her duties as such police officer until he or she has actually received such license.

13.

Every such police officer shall when on duty wear a metallic shield with the words “railroad police” or “steamboat police” or “express police” as the case may be and the name of the corporation, express company or steamboat company for which appointed inscribed thereon, which shall always be worn in plain view, except when employed as a detective.

14.

A person appointed police officer under this section shall not, while the appointment is in force, be employed by or perform any service for the corporation, express company, or steamboat company, in any other capacity than that of police officer and he or she shall not be permitted to exercise the duties or functions of a police officer except upon the property or in connection with the property connected with or under the control of the corporation, express company, or steamboat company, for which he or she has been appointed.

15.

The compensation of every such police officer shall be such as may be agreed upon between him or her and the corporation, express company, or steamboat company, for which he or she is appointed and shall be paid by the corporation, express company, or steamboat company.

16.

When any such corporation, express company, or steamboat company, shall no longer require the services of any police officer appointed under this section it shall file notice to that effect in the office of the department of state, and thereupon such appointment shall cease and be at an end.

17.

The superintendent of state police may also at pleasure revoke or suspend the appointment of any such police officer by filing a notice of suspension or revocation thereof in the office of the department of state and mailing a notice of such filing to the corporation, express company or steamboat company for which he or she was appointed, and also to the person whose appointment is suspended or revoked, at his or her last home address as the same appears in the certificate of appointment or the latest statement thereof on file. An appointment suspended by the superintendent may be restored by him or her upon the filing of a restoration notice to the department of state, the person suspended, and his or her employer.

18.

If such person thereafter, knowing of such revocation or having in any manner received notice thereof, exercises or attempts to exercise any of the powers of a police officer, under this section, he or she shall be guilty of a misdemeanor; and the filing and mailing of such notice, as above provided, shall be presumptive evidence that such person knew of the revocation.

Source: Section 88 — When railroads may designate police officers, https://www.­nysenate.­gov/legislation/laws/RRD/88 (updated Jan. 11, 2019; 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:
Jan. 11, 2019

§ 88’s source at nysenate​.gov

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