N.Y. Railroad Law Section 93-A
Maintenance and removal of highway-railroad crossing at grade


The responsibility of a railroad corporation to maintain and keep in repair highway-railroad crossings at grade as provided by law shall not terminate upon the abandonment of the railroad or a portion thereof, but such responsibility with respect to state highways shall continue, unless otherwise agreed upon by the railroad corporation and the state, and with respect to highways other than state highways, shall continue unless otherwise agreed upon by the governing body, or its designee, of the municipality having jurisdiction over the highway. Such responsibility shall continue until the crossing at grade has been removed and the highway pavement restored by the railroad corporation and/or pursuant to agreement with the railroad corporation by the state or municipality having jurisdiction over the highway, to such usable condition as the commissioner or the municipality having jurisdiction over the highway, respectively, shall deem reasonable. Such responsibility to maintain and remove may be transferred with the approval of the commissioner, and shall thereafter pass to the transferee of the railroad corporation or successor in interest to the abandoned railroad right-of-way. If such approval is not obtained, the responsibility for maintenance and removal shall continue with the railroad. Upon failure to remove abandoned railroad facilities at a highway-railroad crossing at grade within one year after the date of the abandonment by the railroad corporation, the municipality having jurisdiction over the highway may petition the commissioner for an order to compel removal. The commissioner upon receipt of such a petition, or on its own motion with respect to state highways, shall serve notice upon the party responsible for the removal of the highway-railroad crossing at grade that a hearing, at a specified date, will be held to determine whether the highway-railroad crossing at grade should be removed. After conclusion of such hearings, the commissioner shall, by order, determine whether it is in the public interest to require removal of the crossing at grade. If the commissioner determines that the crossing at grade should be removed, the order shall direct such removal and describe the manner of removal and the party responsible for such removal and may establish a penalty for non-compliance with such order at a sum equalling the actual cost, considering salvage, of such removal to be paid to the state with respect to state highways or to the municipality having jurisdiction over the highway with respect to highways other than state highways. Any funds so paid shall be utilized to effect such removal. Any person aggrieved by such decision, and who was a party to said proceeding, may within sixty days after the service of such decision appeal therefrom to the appellate division of the supreme court in the department in which such crossing is located, 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.

Source: Section 93-A — Maintenance and removal of highway-railroad crossing at grade, https://www.­nysenate.­gov/legislation/laws/RRD/93-A (updated Sep. 22, 2014; 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:
Sep. 22, 2014

§ 93-A’s source at nysenate​.gov

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