N.Y. Railroad Law Section 91
Alteration or rehabilitation of existing crossing

The mayor or city manager and common council of any city, the president or mayor and trustees of any village, the town board of any town, the board of supervisors or county executive and the county legislature of any county having jurisdiction over street, avenue, highway or road which crosses or is crossed by a surface railroad at grade, below grade or above grade by structures heretofore constructed, or any surface railroad corporation whose railroad crosses or is crossed by a street, avenue, highway or road at grade, below or above grade, may bring their petition in writing to the commissioner of transportation, therein alleging that public interest requires rehabilitation, an alteration in the manner of such crossing, its approaches, the method of crossing, the location of the crossing, a change in the existing structure by which such crossing is made, the closing and discontinuance of a crossing and the diversion of the travel thereon to another street, avenue, highway road or crossing, or if not practicable to change such crossing from grade, below grade or above grade or to close or discontinue the same, the opening of an additional crossing for the partial diversion of travel from the grade, below grade or above grade crossing and praying that the same may be ordered. Upon any such petition being brought the commissioner of transportation shall appoint a time and place for hearing the petition, and shall give such notice thereof as he shall judge reasonable, of not less than ten days, however, to such petitioner, the railroad corporation, the municipality in which such crossing is situated, and if such crossing is in whole or in part in an incorporated village having not to exceed twelve hundred inhabitants, also to the supervisor or supervisors of the town or towns in which such crossing is situated, and in all cases to the owners of the lands adjoining such crossing and adjoining that part of the street, avenue, highway or road to be changed in grade or location or to be discontinued, or the land to be opened for a new crossing and to such other parties deemed by him to be interested in the proceeding. The commissioner of transportation shall give public notice of said hearing; and upon such notice and after a hearing or hearings the commissioner of transportation shall determine what alterations or changes, if any, shall be made. The decision of the commissioner of transportation rendered in any proceeding under this section shall be communicated, after final hearing, to the petitioner, the railroad corporation, the municipal corporation and all other parties who appeared at said hearing by counsel or in person. Any person aggrieved by such decision, or by a decision made pursuant to sections eighty-nine and ninety, and who was a party to said proceeding, may within sixty days appeal therefrom to the appellate division of the supreme court in the department in which such crossing is situated, and to the court of appeals, in the same manner and with like effect as is provided in the case of appeals from an order of the supreme court. This section shall not apply to a state highway or any other highway upon which the commissioner of transportation proposes to alter an existing crossing of a railroad pursuant to any section of the highway law.

Source: Section 91 — Alteration or rehabilitation of existing crossing, https://www.­nysenate.­gov/legislation/laws/RRD/91 (updated Sep. 22, 2014; accessed Jan. 18, 2025).

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
Green check means up to date. Up to date

Accessed:
Jan. 18, 2025

Last modified:
Sep. 22, 2014

§ 91’s source at nysenate​.gov

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