N.Y. Railroad Law Section 93
Repair of bridges and subways at crossings


When a highway crosses a railroad by an overhead bridge, the framework of the bridge and its abutments shall be maintained and kept in repair by the railroad corporation, and the roadway thereover and the approaches thereto shall be maintained and kept in repair by the municipality having jurisdiction over and in which the same are situated unless such municipality shall be a village of less than twelve hundred inhabitants, in which case the town board of the town in which such village, roadway and approaches are situated may, by resolution, vote to maintain and repair the same at the expense of such town, notwithstanding any provision of law limiting or providing the amount which such town board may levy and collect for such purposes without the vote of a town meeting, but the property within such village shall be subject to the levy and collection of the tax imposed for such maintenance and repair; except that in the case of an overhead bridge constructed prior to the first day of July, eighteen hundred and ninety-seven, the roadway over and the approaches to which the railroad corporation was under obligation to maintain and repair, such obligation shall continue, provided the railroad corporation shall have at least ten days’ notice of any defect in the roadway thereover and the approaches thereto, which notice must be given in writing by the town superintendent of highways or other duly constituted authority, and the railroad corporation shall not be liable by reason of any such defect unless it shall have failed to make repairs within ten days after the service of such notice upon it. When a highway passes under a railroad, the bridge and its abutments shall be maintained and kept in repair by the railroad corporation, and the subway and its approaches shall be maintained and kept in repair by the municipality having jurisdiction over and in which the same are situated, unless such municipality shall be a village of less than twelve hundred inhabitants, in which case the town board of the town in which such village, subway and approaches are situated, may, by resolution, vote to maintain and repair the same at the expense of such town, notwithstanding any provision of law limiting or providing the amount which such town board may levy and collect for such purposes without the vote of a town meeting, but the property within such village shall be subject to the levy and collection of the tax imposed for such maintenance and repair. Where the roadway over a railroad, or the subway underneath the same, or the approaches thereto have been improved by the state as a part of a state or county highway, such roadway or subway, or approaches only, as have been so improved shall thereafter be maintained and kept in repair by the commissioner of transportation in the manner provided in the highway law for the maintenance and repair of state and county highways. When the roadway over or subway under a railroad and the approaches thereto, for the maintenance of which a town or village is liable, shall have been taken over for improvement by a county as a part of a county road, such roadway or subway or approaches, for so long as the county shall remain liable for the maintenance of such county road, shall be maintained and kept in repair by the county superintendent of such county as a part of such county road in the manner provided in the highway law for the maintenance and repair of county roads, and out of any funds provided for that purpose, but to the extent only to which the town or village was liable under the provisions of the railroad law. For the purposes of this section, railroad and railroad corporation shall include the national railroad passenger corporation created pursuant to subchapter II of chapter fourteen, forty-five United States code (Amtrak) and the consolidated rail corporation created pursuant to subchapter III of chapter sixteen, forty-five United States code (Conrail).

Source: Section 93 — Repair of bridges and subways at crossings, https://www.­nysenate.­gov/legislation/laws/RRD/93 (updated Sep. 22, 2014; accessed Jun. 15, 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:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 93’s source at nysenate​.gov

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