N.Y. Railroad Law Section 89
New railroads across streets


All steam surface railroads built after the first day of July, eighteen hundred and ninety-seven, except additional switches and sidings, must be so constructed as to avoid all public crossings at grade, whenever practicable so to do. Whenever application is made to the commissioner of transportation under § 9 (Certificate of convenience and necessity)section nine of this chapter there shall be filed with the commissioner of transportation a map showing the streets, avenues, highways and roads proposed to be crossed by the new construction, and the commissioner of transportation shall determine whether such crossings shall be under or over the proposed railroad, except where the commissioner of transportation shall determine such method of crossing to be impracticable. Whenever an application is made under this section to determine the manner of crossing, the commissioner of transportation shall designate a time and place when and where a hearing will be given to such railroad company, and shall notify the municipal corporation having jurisdiction over the streets, avenues, highways or roads proposed to be crossed by the new railroad, persons owning land in the vicinity of the proposed crossing and such other parties deemed by the commissioner of transportation to be interested in the proceeding. The commissioner of transportation shall give public notice of such hearing. Upon such notice and after a hearing, the commissioner of transportation may determine that alterations or changes may be made in any existing highway at or in the vicinity of a proposed crossing for the purpose of avoiding a crossing at grade. If the commissioner of transportation shall determine that any such railroad shall be carried across a street, avenue, highway or road below the grade thereof, said commissioner of transportation shall determine the height, the length, and the material of the bridge or structure by means of which such street, avenue, highway or road shall be carried over such railroad, and the length, character, and grades of the approaches thereto. If the commissioner of transportation shall determine that such railroad shall be constructed above the grade of such street, avenue, highway or road, said commissioner of transportation shall determine the manner and method in which such railroad shall be constructed over such street, avenue, highway or road, and the length, character and grades of the undercrossing approaches. If the commissioner of transportation shall determine that it is impracticable to construct such railroad below or above the grade of such street, avenue, highway or road, said commissioner shall determine the manner and method in which the same shall be constructed across such street, avenue, highway or road at grade, and what safeguards shall be maintained. The decision of the commissioner of transportation rendered in any proceedings under this section shall be communicated, after final hearing, to the railroad company, the municipal corporation and all other parties who appeared at said hearing by counsel or in person.

Source: Section 89 — New railroads across streets, https://www.­nysenate.­gov/legislation/laws/RRD/89 (updated Sep. 22, 2014; accessed Jul. 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:
Jul. 20, 2024

Last modified:
Sep. 22, 2014

§ 89’s source at nysenate​.gov

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