Court Opinions

State Laws

US Code

US Constitution

New York Railroad Law Section 69 - Minimum Standards For Track Inspection And Maintenance.

Legal Research Home > New York Lawyer > Railroad > New York Railroad Law Section 69 - Minimum Standards For Track Inspection And Maintenance.

    § 69.  Minimum standards for track inspection and maintenance. In the
  case of all tracks over which there are  regularly  scheduled  passenger
  movements,  and  all  tracks  currently  being  used for the movement of
  freight trains where the  maximum  authorized  speed  is  in  excess  of
  thirty-five  miles  per  hour, the following regulations requiring track
  inspection shall apply to all common carriers by a  class  one  railroad
  operating within the state of New York:
    1.  Track  inspection  shall  be  made  by  a track foreman or equally
  qualified employee of  the  railroad  company  involved,  provided  such
  employee shall not be required to inspect more than one hundred miles of
  track per day.
    2. Each railroad shall assign a supervisory employee above the rank of
  track  foreman  to  be  in  charge  of  the inspection required by these
  regulations of all track within the area of  his  responsibility,  which
  area shall be clearly designated.
    3.  Tracks  subject  to  this section shall be inspected not less than
  twice each week.
    4. All switches shall be inspected on foot at least once each month.
    5. If track cars or other vehicles, including off-track vehicles,  are
  used  for twice-weekly inspections, they shall be operated at such speed
  as will insure adequate inspection but not in excess of five  miles  per
  hour at all railroad crossings, highway crossings and switches.
    6.  Inspection  of  track  shall  include  particular attention to the
  detection of unsafe conditions resulting from  bad  alignment,  improper
  cross  level,  faulty  gauge,  loose  ties, broken or missing bolts, and
  broken rails and angle bars.
    7. In all inspections of highway crossings, particular attention shall
  be given to the detection of  unsafe  conditions  resulting  from  loose
  planking or obstructed flangeways.
    8. In the monthly on-foot inspection of switches, particular attention
  shall be given to the detection of unsafe conditions resulting from open
  or  defective  switch  points, loose or missing bolts in heel fillers on
  blocking, defective guard rails or frogs.  Switches  not  in  "Automatic
  Signal"  or "Centralized Traffic Control" territory shall be operated at
  least once each month to insure that they are in proper working order.
    9. Where twice-weekly inspections are required, such inspections shall
  not be made on consecutive days.
    10. Except in the case of emergency, when passenger trains are  to  be
  operated  over  tracks not subject to this regulation, such tracks shall
  be inspected within forty-eight hours prior to  the  operation  of  such
  trains.
    11.  When  the  track  inspection reveals improper alignment, improper
  cross level, faulty gauge, loose ties, defective switch points,  or  any
  condition which, in the judgment of the individual inspecting the track,
  creates  an  unsafe track condition, he shall take immediate appropriate
  action for the safety of operations  and  report,  in  writing,  to  his
  superior officer the condition observed and the action taken.

Last modified: August 27, 2006