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Current as of January 01, 2026 | Updated by Findlaw Staff
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 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.
Cite this article: FindLaw.com - New York Consolidated Laws, Railroad Law - RRD § 69. Minimum standards for track inspection and maintenance - last updated January 01, 2026 | https://codes.findlaw.com/ny/railroad-law/rrd-sect-69/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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