N.Y. High. Law § 236

§ 236. Program of railroad bridge inspection. 1. Program\nestablishment. Notwithstanding any other provision of law to the\ncontrary, the commissioner is authorized and directed to establish,\nimplement and exercise oversight over a program of railroad bridge\ninspection by all railroads as defined herein which shall apply to all\nrailroad bridges whether publicly or privately owned.\n 2. Bridge inventory. (a) Each railroad shall provide to the\ncommissioner an inventory of every railroad bridge either owned or used\nby such railroad whether exclusively or with another railroad or\nrailroads. Each such inventory shall contain a statement as to the\nownership of all railroad bridges listed thereon and, if not owned by\nthe filing railroad, such railroad shall state the circumstances under\nwhich it is operating over such railroad bridges. With regard to bridges\nowned or maintained by the filing railroad, such inventory may be in the\nformat currently maintained by each railroad provided the inventory\nidentifies: (i) the owner of the railroad if different from the\nrailroad submitting the inventory; (ii) a description of each bridge\nreflecting the condition of the bridge as determined by the latest\ninspection report; and (iii) the maximum load for each of its lines.\nEach inventory submitted shall contain the following administrative data\nwith regard to each bridge owned or maintained by the filing railroad:\nthe bridge identification number; the railroad bridge number; the\nrailroad line code (if applicable); the railroad mile post; the county;\nthe operating railroad or railroads; other features carried (if\napplicable); features intersected description; features intersected\ncode; owner or owners; maintenance responsibilities; and inspection\nresponsibilities. Each inventory submitted shall also contain the\nfollowing general data with regard to each bridge owned or maintained by\nthe filing railroad: the year built; the year rehabilitated; the number\nof tracks crossing the bridge; the type of rail service; the number of\nspans; and the bridge type.\n (b) In any instance in which more than one railroad operates over a\nbridge, the inventory shall identify which railroad has responsibility\nfor the inspection and maintenance.\n 3. Bridge inspection. (a) The department shall develop and publish\nrailroad bridge inspection standards. Such standards shall be developed\nin consultation with representatives of railroads operating within the\nstate and insofar as practicable, shall not be inconsistent with current\nAmerican railway engineering and maintenance of way association\nrecommended practices.\n (b) Each railroad shall develop and submit to the department written\nbridge management and inspection procedures. Such procedures shall be\ndeveloped under the supervision of a licensed professional engineer, and\nshall be consistent with generally accepted railway engineering\nstandards and procedures for railroad bridge inspection and shall be in\nconformance with the standards developed by the department as set forth\nin paragraph (a) of this subdivision. The procedures shall contain a\nformat for the reporting document to be submitted to the department.\nSuch reports shall contain the qualifications of the individuals\nperforming bridge inspection activities.\n (c) Railroad bridge inspections shall be performed by technicians\nwhose training and experience enable them to detect and record\nindications of distress on a bridge. Inspectors must provide accurate\nmeasurements and other information about the condition of the bridge in\nsufficient detail to a licensed professional engineer who shall make an\nevaluation of the capacity and safety of the bridge.\n (d) Each railroad shall conduct an inspection of every railroad bridge\nlocated in the state for which it has inspection responsibility, in\naccordance with the bridge inventory set forth in subdivision two of\nthis section, at least once in each calendar year and following an\noccurrence which the railroad reasonably believes may have reduced the\ncapacity of any bridge.\n (e) A copy of the inspection report for each railroad bridge shall be\nmaintained by the appropriate railroad for a period of not less than\nfive years. The reports shall be comprehensible to a competent person\nwithout interpretation by the reporting inspector.\n (f) Not later than March fifteenth of each year, a licensed\nprofessional engineer or other responsible officer of each railroad\nshall file a certification that each bridge has been inspected in\naccordance with the bridge management and inspection procedures and that\nevery structure is safe for the loading imposed, and additionally, shall\nadvise the commissioner of any change affecting bridge safety which has\noccurred since the last certification.\n (g) If, as a result of an inspection, a bridge is determined to be\nunsafe, the railroad shall immediately notify the commissioner and shall\ntake appropriate remedial action to ensure that such structure is safe.\nUpon completion of such remedial action, the railroad shall provide the\ncommissioner with a certification by a licensed professional engineer\nthat the bridge is now safe for the loadings imposed. If a railroad\nshall fail to take remedial action, the commissioner may direct the\nrailroad to take appropriate action, including requiring the closing of\nthe bridge. Any order of the commissioner shall be reviewable in\naccordance with article seventy-eight of the civil practice law and\nrules.\n (h) For purposes of this section, a "licensed professional engineer"\nshall mean a professional engineer who is authorized to practice\nengineering under title eight of the education law.\n 4. Powers of the commissioner. The commissioner shall have the power\nto adopt, promulgate, amend and rescind such rules and regulations as\nthe commissioner deems appropriate to carry out the provisions and\npurposes of this article or to enforce any standards established\nhereunder. All existing rules and regulations requiring inspection and\ncertification of railroad bridges shall remain in effect until such time\nas new rules and regulations are promulgated. Additionally the\ncommissioner shall be authorized to review the inspection reports,\ninventories and other supporting documents, to compel the production of\nany books, papers, records and documents relevant to the railroad bridge\ninspection program, and to subpoena witnesses, administer oaths and take\ntestimony, and to maintain a civil suit against any public or private\nentity to compel compliance with the provisions of this chapter.\n 5. Phase in of program. In order to permit the orderly implementation\nof the railroad bridge inspection program, the inventory of railroad\nbridges as herein provided shall be submitted to the commissioner by\nJanuary twenty-ninth, nineteen hundred ninety-seven. All railroad\nbridges over which passenger rail service is provided shall be inspected\nnot later than January first, nineteen hundred ninety-nine, and\ncertification submitted to the department not later than March\nfifteenth, nineteen hundred ninety-nine. All other railroad bridges\nshall be inspected and certified not later than July first, nineteen\nhundred ninety-nine.\n