N.Y. Railroad Law Section 97
Intercity rail passenger service


1.

As used in this section, unless a different meaning clearly appears from the context, the term:

a.

“Intercity rail passenger service” shall mean any intercity rail passenger transportation operation where rail passenger trains operate on a regular scheduled basis.

b.

“Intercity rail passenger service corridor” shall mean a continuous railroad route which contains one or more segments of railroad track or tracks where intercity rail passenger service is in operation by the national rail passenger corporation.

c.

“Public rail crossing” shall mean a crossing where a highway, roadway or similar facility, which is owned by a government, either federal, state or local, a public authority or a public agency, crosses a railroad track or tracks, is open to the public and has been designated as such by order of the commissioner, or recognized as having been a public at-grade crossing prior to eighteen hundred ninety-seven.

d.

“Private rail crossing” shall mean a crossing which traverses a railroad track or tracks and may be used by the owner of the right-of-way, the owner’s invitees and others, including the public, but has not been declared or recognized as a public rail crossing by the commissioner.

e.

“Railroad” shall mean a private or public railroad operating in the state of New York carrying either freight or passengers or freight and passengers including, but not limited to, those operated by the metropolitan transportation authority and its subsidiaries, including the Long Island Rail Road or operated by any other public authority or local government.

2.

No new private rail crossings shall be established in an intercity rail passenger service corridor until an application has been made to and approved by the commissioner. Whenever an application is made, the commissioner shall conduct a hearing to determine if a private rail crossing is justified or if an existing public or private crossing could be used to avoid the creation of a new crossing. If the commissioner determines that a crossing is justified and is in the best interest of the people of the state of New York, the commissioner shall determine the manner of the crossing, whether it is to be at-grade or grade-separated, the location, the manner of protection and the apportionment of responsibility for the maintenance of any such crossing, including any warning devices.

3.

In order to insure public safety, the commissioner may, if he or she determines it appropriate, require alterations in an existing private rail crossing, including a farm crossing, which is located in an intercity rail passenger service corridor and is hereby authorized to participate in the cost of such alterations. In the event that an agreement on such alterations cannot be reached between the railroad owning the crossing, property owners who are directly impacted by the crossing and the department, the commissioner shall conduct a hearing on the need for such alterations and whether any other alternatives are available, including the use of an alternate route or the closure of the crossing and shall, where applicable, determine the apportionment of responsibility for the alteration and maintenance of any such crossing, including any warning devices. Public comment shall be sought on any proposed alteration or closure which will impact public access to lands open to the public for recreational use. Comments received from the public shall be considered in any decision to alter or close such a crossing. No crossing which provides direct access to public state recreational lands shall be closed unless the commissioner, in consultation with the state agency with jurisdiction over such lands, finds that there is a reasonable alternate route to such lands that maintains public access to and the public recreational value of such lands.

4.

The commissioner shall prepare and promulgate standards and specifications for the design and protection of private rail crossings in an intercity rail passenger service corridor and is authorized to adopt and promulgate such rules and regulations to accomplish this as shall be deemed necessary.

5.

The commissioner shall have the power to acquire any real property, easements, rights-of-way or similar rights necessary for the purposes of this article in the same manner as property is acquired for state highway purposes pursuant to the provisions of Highway Law § 30 (Acquisition by the state of property required for the construction and reconstruction of state highways and structures thereon)section thirty of the highway law.

Source: Section 97 — Intercity rail passenger service, https://www.­nysenate.­gov/legislation/laws/RRD/97 (updated Sep. 22, 2014; accessed Mar. 23, 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:
Mar. 23, 2024

Last modified:
Sep. 22, 2014

§ 97’s source at nysenate​.gov

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