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 Apr. 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
Green check means up to date. Up to date

Accessed:
Apr. 20, 2024

Last modified:
Sep. 22, 2014

§ 93-B’s source at nysenate​.gov

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