N.Y. Railroad Law § 78-a

§ 78-a. Electric or battery-powered markers. 1. Any railroad using a\npassenger, mail, work, or wreck train shall equip the last car of each\nsuch train with electric markers of sufficient candle power to be\nvisible for a distance of three thousand feet under normal weather\nconditions. Battery-powered, flashing-type, or constant burning markers\nshall be deemed sufficient compliance with the foregoing requirement.\n 2. If, in any particular case, exemption from any of the requirements\nherein is deemed necessary by the railroad concerned, the commissioner\nof transportation may grant the application of such railroad, for such\nexemption when accompanied by a petition setting forth the conditions\nexisting and the reason why such exemption is asked. Any exemption so\ngranted shall be limited to the particular case covered by the petition.\n