N.Y. Railroad Law Section 93-B
Maintenance and removal of highway-railroad separation structures


The responsibility of a railroad corporation to maintain and keep in repair highway-railroad separation structures 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 shall continue with respect to highways other than state highways unless otherwise agreed upon by the governing body or its designee, of the municipality having jurisdiction over the highway, until the separation structure is removed as hereinafter provided. When a structure remains which separates a highway and an abandoned railroad, the railroad, or the transferee of the abandoned railroad right-of-way when the transfer of such responsibility has been approved by the commissioner, and the state, or the municipal corporation having jurisdiction over the highway, may mutually agree as to their allocations of the expenses of removal of the structures and its supports and restoration of the highway. If such approval is not obtained, the responsibility for maintenance and removal continue with the railroad. In the event that the interested parties are unable to agree as to the necessity to remove a grade separation structure, the manner of removal or the division of cost or the division of performance of the removal work within one year after the date of the abandonment by the railroad corporation, either such railroad or such transferee of the railroad rights-of-way or the municipality having jurisdiction over the highway may petition the commissioner to hold a hearing in order to consider such matter. The commissioner upon receipt of such a petition, or on his own motion with respect to state highways, shall designate a time and place for a hearing to consider the matter. After such a hearing has been held, the commissioner shall determine by order whether it is in the public interest to require either removal of or the retention of the structure and its supports, in whole or in part, and shall direct the manner of accomplishing any such removal and the manner that the cost and expenses of any such removal or the performance of any such removal work shall be divided. The division of cost to the railroad or transferee shall be limited to the cost of structure removal only, including superstructure and substructure elements. Material so removed shall become the property of the railroad, or the value gained from the salvage disposition of such material shall be returned to the railroad. The cost of any embankment removal or placement, or highway restoration, shall be borne by the state, or the municipal corporation having jurisdiction over the highway. The decision of the commissioner rendered in any proceeding under this section shall be communicated after final hearing, to the petitioner, the railroad corporation or transferee, the municipal corporation and all other parties who appeared at said hearing by counsel or in person. 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 separation structure 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-B — Maintenance and removal of highway-railroad separation structures, https://www.­nysenate.­gov/legislation/laws/RRD/93-B (updated Sep. 22, 2014; accessed Oct. 26, 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:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 93-B’s source at nysenate​.gov

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