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New York Railroad Law Section 52-d - Debris To Be Cleared.

Legal Research Home > New York Lawyer > Railroad > New York Railroad Law Section 52-d - Debris To Be Cleared.

    § 52-d.  Debris to be cleared. Every railroad shall maintain and keep
  clear of debris  the  margins  alongside  their  yard  tracks  used  for
  switching  operations  where  railroad employees are required to walk in
  the course of their duties. Such margins constitute the area between the
  ends of the ties and a distance of nine  feet  on  either  side  of  the
  center  line  of any track in any yard. In addition, each railroad shall
  keep the area around any switch in any such yard, clear of debris for  a
  distance  of  nine  feet on either side of the center line of any tracks
  wherein any such switch is located. Such debris shall include but not be
  limited to used or discarded brake shoes, air hoses, railroad  ties,  or
  portions thereof, parts of railroad cars or locomotives, lumber and oil,
  grease  or  waste  of  any type. Debris does not include track materials
  being placed on or removed from tracks under maintenance or  replacement
  programs concerning which the railroad has notified its employees of the
  presence and location of such materials.
    Upon  the  filing  by  a  recognized railroad labor representative, as
  defined by the railway labor act, of a written, verified complaint  with
  the  railroad  superintendent  of  the  division  involved  and with the
  department of transportation, designating the nature of the  debris  and
  the  particular area or location where any of the above described debris
  has existed for a period of at least seventy-two hours. Upon receipt  of
  such  verified complaint the superintendent of the division shall advise
  the complainant as well as the department of transportation  within  ten
  days  as to the specific remedies or actions said superintendent intends
  to take to resolve the complaint. If the superintendent takes  issue  or
  disagrees  with  the verified complaint filed by the designated railroad
  labor  representative  he  shall  within  ten  days   so   notify   said
  representative  and  the department of transportation. The department of
  transportation shall be allowed a period of fifteen  days  to  determine
  the veracity of said complaint. If the complaint proves to be correct as
  verified by the department of transportation inspector the department of
  transportation  shall  then  issue  appropriate  orders  to the railroad
  specifying that the conditions be rectified within ten days. At the  end
  of  the  tenth  day  if  the  conditions still persist the department of
  transportation shall be empowered to fine the railroad the sum of  fifty
  dollars per day until such time as the complaint has been rectified.

Last modified: August 27, 2006