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New York Railroad Law Section 51-a - Clearances.Legal Research Home > New York Lawyer > Railroad > New York Railroad Law Section 51-a - Clearances.
§ 51-a. Clearances. Clearance distance between adjacent tracks and
between tracks and adjacent structures or obstructions and between the
top of the rail and any overhead wire, bridge, viaduct or obstruction.
All tracks hereafter constructed or reconstructed by every railroad in
this state shall be laid and maintained so as to provide the following
minimum distance between adjacent tracks and between tracks and adjacent
or overhead structures or obstructions:
1. Twenty-two feet between the top of the rail and any overhead wire,
bridge, viaduct or other obstruction when operating conditions require
men to ride or work on the top of cars, except as hereinafter provided.
Structures constructed, or under construction, prior to the effective
date hereof, including the extension of said structures by the erection
of abutting buildings, may be maintained at existing clearances and
additional tracks may be constructed and existing tracks reconstructed
thereunder at the same clearance.
Overhead clearance above the top of the rail of such tracks located at
the entrance and inside of buildings may be reduced to eighteen feet,
provided that, when an overhead clearance of less than twenty-two feet
exists on tracks inside such buildings, movements of railway equipment
shall be brought to a stop before entering such building. In switching
movements requiring a number of entries, stop shall be required only
upon initial entry.
Clearances provided in this section shall not apply to electric wires
and equipment required over present and future tracks for operation of
trains by electric energy, provided the railroad concerned promulgates
and enforces rules that prohibit any employee from being on top of cars
while being operated under lower clearances than provided for in this
section.
Clearances provided in this section shall not apply to engine houses,
engine house facilities or tipples. These clearances shall not apply to
facilities used for servicing cars, nor for loading or unloading of bulk
commodities, where such compliance is not reasonably practicable.
2. Side clearances from the center line of tangent railroad tracks,
used or proposed to be used for transporting freight cars, except as
hereinafter provided, shall be as provided herein. However, structures,
including platforms and tracks, constructed, or under construction,
prior to the effective date hereof including the extension of said
structures by the erection of abutting buildings, may be maintained and
extended at existing clearances.
All structures and obstructions above the top of the rail except those
hereinafter specifically mentioned are to have a side clearance of not
less than eight feet six inches as measured from the center line of the
track.
Platforms, except platforms adjacent to the main or passing tracks,
four feet or less above the top of the rail may have lesser clearances
than eight feet six inches from the center line of the track on one side
of such tracks only and where a full clearance of eight feet six inches
is maintained on the opposite side of the track or track centers to
adjacent track are not less than fourteen feet. Platforms four feet six
inches or less above the top of the rail when used principally for
loading or unloading refrigerator cars may be constructed eight feet
from the center line of the track.
Platforms previously constructed at less than clearances herein
prescribed may be extended at such lesser clearances unless such
extension is in connection with the reconstruction of an original
platform.
Low passenger platforms not over eight inches above the top of the
rail may be five feet one inch from the center line of track. High
passenger platforms four feet or less above the top of a rail may be
five feet seven inches from the center line of the track.
Side clearances, other than for platforms, on sides only, at entrances
to and inside of buildings shall be not less than eight feet from the
center line of the track.
Switchboxes, switch-operating mechanisms and accessories necessary for
control and operating of signals and interlockers projecting four inches
or less above the top of a rail shall be not less than three feet from
the center line of the track.
The center spindle of signal and switch stands three feet or less
above the top of a rail and located between tracks, where not
practicable to provide clearances otherwise prescribed herein, shall be
not less than six feet from the center line of the track.
Through bridges supporting the track affected, tunnels, water columns
and oil columns shall be not less than eight feet from the center line
of the track, except where special protection is required for unusual
commodities.
Clearances for through bridges supporting the track affected, water
barrel platforms and refuge platforms on bridges and trestles not
provided with walkways, handrails, water barrels, water columns, oil
columns, block signals, cattle guards, and stock chutes, when all
portions thereof are four feet or less above the top of the rail, may be
decreased to an extent defined by a line extending diagonally upward
from a point level with the top of the rail and five feet distant
laterally from the center line of the track to a point four feet above
the top of the rail and eight feet distant laterally from the center
line of the track, provided, however, that the minimum clearance for
handrails and water barrels on bridges with walkways shall be seven feet
nine inches, and, provided further that the minimum clearance for fences
of cattle guards shall be six feet nine inches.
Lesser clearances authorized herein for handrails and water barrels
shall not be applicable to through bridges where work of trainmen or
yardmen requires them to be upon the decks of such bridges for the
purpose of coupling and uncoupling cars in the performance of switching
service on a switching lead.
Side clearances specified herein shall not apply to mail cranes during
such time as the arms of such mail cranes are supporting a mail sack for
delivery, provided the top arm is not then higher than ten feet eight
inches above the top of the rail and neither arm extends within six feet
five inches from the center line of the track. Icing platforms and
supports shall have side clearance of not less than eight feet.
Operations over portions of track adjacent to icing platforms
heretofore constructed with side clearance of less than eight feet shall
be restricted, except in emergencies, to movement or switching of trains
containing refrigerator cars to be iced, and necessary use of such track
for unloading of supplies required for operation of icing dock.
Side clearances specified herein shall not apply to intertrack fences
located on the center line between tracks.
Clearances provided in this section shall not apply to an engine
house, engine house facilities or tipples, facilities used for servicing
cars, or for loading or unloading of bulk commodities, where such
compliance is not reasonably practicable.
Side clearances specified herein shall not apply to car retarders,
derails, switch point protectors, guard rails and similar appurtenances
projecting three inches or less above the top of the rail.
All minimum side clearances prescribed in this section are for tangent
tracks. Structures adjacent to curve tracks shall have additional
minimum side clearance compensating for curvature.
3. Overhead and side clearance prescribed herein may be decreased to
the extent of a line extending diagonally downward from a point four
feet from the center line of the track twenty-two feet above the top of
the rail to a point eight feet from the center line of the track at
sixteen feet above the top of the rail.
For tracks located at the entrance to and inside buildings with
eighteen feet overhead and eight feet side clearances as prescribed
herein, the overhead and side clearances may be decreased to the extent
of a line extending diagonally downward from a point four feet from the
center line of the track eighteen feet above the top of the rail to a
point eight feet from the center line of the track at fourteen feet
above the top of the rail.
Canopies at one side of a track at freight platforms may be
constructed at not less than four feet from the center line of the track
provided the height of such canopies is at least seventeen feet six
inches above the top of the rail and further provided full clearance of
eight feet six inches is maintained on the opposite side of the track
from the canopy or track centers to adjacent track are not less than
fourteen feet.
Shelters over platforms used for passenger car operation may be
constructed at not less than four feet six inches from the center line
of the tracks, provided the height is not less than fifteen feet above
the top of the rail and provided the railroads promulgate and enforce
rules prohibiting employees from riding on the side of equipment when
standing above car floor height.
4. The minimum distance between the center lines of parallel tracks
shall be not less than thirteen feet six inches for main tracks and not
less than thirteen feet six inches for yard and side tracks except as
hereinafter provided. The center line of any track, except a main track
or a passing track, parallel and adjacent to a main track or a passing
track, shall be at least fifteen feet from the center line of such main
track or passing track; provided, however, that, where a passing track
is adjacent to and at least fifteen feet distant from a main track, the
other track may be constructed adjacent to such passing track with
clearance of not less than thirteen feet six inches.
The center line of any ladder track, constructed parallel to any other
adjacent track, shall have a clearance of not less than eighteen feet
from the center line of such other track except parallel ladder tracks
shall have a clearance of not less than nineteen feet center line to
center line.
The minimum distance between the center lines of parallel team and
house tracks shall be not less than thirteen feet six inches.
Tracks constructed, or under construction, prior to the effective date
hereof may be extended without increasing distances between tracks.
5. No merchandise, material or other articles shall knowingly be
permitted to remain for an unreasonable time piled or assembled on the
ground or on a platform adjacent to any track at a distance of less than
eight feet six inches from the center line of the track.
Space between tracks ordinarily used by train and yardmen and other
employees as a walkway in discharge of their duties and space beside
such tracks within eight feet six inches of the center line thereof
shall be kept in reasonably suitable condition for such purpose.
6. Except as otherwise provided herein, where the overhead or side
clearances between a track and any building, structure or facility are
less than the minimum prescribed herein, but were created prior to the
effective date hereof, minimum clearances prescribed herein shall be
provided whenever a building, structure or facility is relocated or
reconstructed; however, upon petition, the commissioner of
transportation may grant specific requests for future continuance of
such prior clearances at such reconstructed building, structure or
facility when application therefor has been made as provided herein.
7. Nothing herein shall be construed as restricting the temporary
distribution of materials or the performance of work on, over or
adjacent to tracks, when such distribution or performance is necessary
in the construction or maintenance of facilities or equipment, provided
such distribution and performance shall be carried out within a
reasonable time under conditions reasonably necessary to provide for the
safety of all concerned, including proper notice by train order, message
or bulletin.
If, in any particular case, exemption from any of the requirements
herein is deemed necessary by the railroad concerned, the commissioner
of transportation may grant the application of such railroad for such
exemption when accompanied by a petition setting forth the conditions
existing and the reason why such exemption is asked. Any exemption so
granted will be limited to the particular case covered by the petition.
In connection with any construction under his jurisdiction, the
commissioner of transportation need not comply with this section if in
his judgment such compliance is not feasible and he obtains a written
statement from the railroad concerned that it has no objection to such
noncompliance.
8. Wherever the words "railroads", "railroad tracks", "tracks",
"buildings", "entrances to and inside of buildings", "structures",
"facilities", "platforms", and other similar terms are used herein, they
shall apply not only to property owned by or leased to common carrier
railroads but also to include all privately owned property serviced by
the railroads.
The provisions herein shall not apply to repairs, renewals,
maintenance, extensions, additions, or rearrangements, in substantially
the same location and within the general plan of existing installations,
provided that existing clearances shall not be reduced.
Last modified: August 27, 2006 |