NY RR L § 51-A (2021)
2021 New York Laws RRD - Railroad Article 3 - Construction, Operation and Management 51-A - Clearances.

§  51-a.  Clearances.  Clearance  distance between adjacent tracks and   between tracks and adjacent structures or obstructions and  between  the   top  of  the rail and any overhead wire, bridge, viaduct or obstruction.   All tracks hereafter constructed or reconstructed by every  railroad  in   this  state  shall be laid and maintained so as to provide the following   minimum distance between adjacent tracks and between tracks and adjacent   or overhead structures or obstructions:1. Twenty-two feet between the top of the rail and any overhead  wire,   bridge,  viaduct  or other obstruction when operating conditions require   men to ride or work on the top of cars, except as hereinafter  provided.   Structures  constructed,  or  under construction, prior to the effective   date hereof, including the extension of said structures by the  erection   of  abutting  buildings,  may  be  maintained at existing clearances and   additional tracks may be constructed and existing  tracks  reconstructed   thereunder at the same clearance.Overhead clearance above the top of the rail of such tracks located at   the  entrance  and  inside of buildings may be reduced to eighteen feet,   provided that, when an overhead clearance of less than  twenty-two  feet   exists  on  tracks inside such buildings, movements of railway equipment   shall be brought to a stop before entering such building.  In  switching   movements  requiring  a  number  of entries, stop shall be required only   upon initial entry.Clearances provided in this section shall not apply to electric  wires   and  equipment  required over present and future tracks for operation of   trains by electric energy, provided the railroad  concerned  promulgates   and  enforces rules that prohibit any employee from being on top of cars   while being operated under lower clearances than provided  for  in  this   section.Clearances  provided in this section shall not apply to engine houses,   engine house facilities or tipples. These clearances shall not apply  to   facilities used for servicing cars, nor for loading or unloading of bulk   commodities, where such compliance is not reasonably practicable.2.  Side  clearances  from the center line of tangent railroad tracks,   used or proposed to be used for transporting  freight  cars,  except  as   hereinafter  provided, shall be as provided herein. However, structures,   including platforms and  tracks,  constructed,  or  under  construction,   prior  to  the  effective  date  hereof  including the extension of said   structures by the erection of abutting buildings, may be maintained  and   extended at existing clearances.All structures and obstructions above the top of the rail except those   hereinafter  specifically  mentioned are to have a side clearance of not   less than eight feet six inches as measured from the center line of  the   track.Platforms,  except  platforms  adjacent to the main or passing tracks,   four feet or less above the top of the rail may have  lesser  clearances   than eight feet six inches from the center line of the track on one side   of  such tracks only and where a full clearance of eight feet six inches   is maintained on the opposite side of the  track  or  track  centers  to   adjacent  track are not less than fourteen feet. Platforms four feet six   inches or less above the top of  the  rail  when  used  principally  for   loading  or  unloading  refrigerator  cars may be constructed eight feet   from the center line of the track.Platforms  previously  constructed  at  less  than  clearances  herein   prescribed  may  be  extended  at  such  lesser  clearances  unless such   extension is in  connection  with  the  reconstruction  of  an  original   platform.Low  passenger  platforms  not  over eight inches above the top of the   rail may be five feet one inch from  the  center  line  of  track.  High    passenger  platforms  four  feet  or less above the top of a rail may be   five feet seven inches from the center line of the track.Side clearances, other than for platforms, on sides only, at entrances   to  and  inside  of buildings shall be not less than eight feet from the   center line of the track.Switchboxes, switch-operating mechanisms and accessories necessary for   control and operating of signals and interlockers projecting four inches   or less above the top of a rail shall be not less than three  feet  from   the center line of the track.The  center  spindle  of  signal  and switch stands three feet or less   above  the  top  of  a  rail  and  located  between  tracks,  where  not   practicable  to provide clearances otherwise prescribed herein, shall be   not less than six feet from the center line of the track.Through bridges supporting the track affected, tunnels, water  columns   and  oil  columns shall be not less than eight feet from the center line   of the track, except where special protection is  required  for  unusual   commodities.Clearances  for  through  bridges supporting the track affected, water   barrel platforms and  refuge  platforms  on  bridges  and  trestles  not   provided  with  walkways,  handrails,  water barrels, water columns, oil   columns, block signals,  cattle  guards,  and  stock  chutes,  when  all   portions thereof are four feet or less above the top of the rail, may be   decreased  to  an  extent  defined by a line extending diagonally upward   from a point level with the top  of  the  rail  and  five  feet  distant   laterally  from  the center line of the track to a point four feet above   the top of the rail and eight feet distant  laterally  from  the  center   line  of  the  track,  provided, however, that the minimum clearance for   handrails and water barrels on bridges with walkways shall be seven feet   nine inches, and, provided further that the minimum clearance for fences   of cattle guards shall be six feet nine inches.Lesser clearances authorized herein for handrails  and  water  barrels   shall  not  be  applicable  to through bridges where work of trainmen or   yardmen requires them to be upon the  decks  of  such  bridges  for  the   purpose  of coupling and uncoupling cars in the performance of switching   service on a switching lead.Side clearances specified herein shall not apply to mail cranes during   such time as the arms of such mail cranes are supporting a mail sack for   delivery, provided the top arm is not then higher than  ten  feet  eight   inches above the top of the rail and neither arm extends within six feet   five  inches  from  the  center  line  of the track. Icing platforms and   supports shall have side clearance of not less than eight feet.Operations  over  portions  of  track  adjacent  to  icing   platforms   heretofore constructed with side clearance of less than eight feet shall   be restricted, except in emergencies, to movement or switching of trains   containing refrigerator cars to be iced, and necessary use of such track   for unloading of supplies required for operation of icing dock.Side  clearances specified herein shall not apply to intertrack fences   located on the center line between tracks.Clearances provided in this section  shall  not  apply  to  an  engine   house, engine house facilities or tipples, facilities used for servicing   cars,  or  for  loading  or  unloading  of  bulk commodities, where such   compliance is not reasonably practicable.Side clearances specified herein shall not  apply  to  car  retarders,   derails,  switch point protectors, guard rails and similar appurtenances   projecting three inches or less above the top of the rail.All minimum side clearances prescribed in this section are for tangent   tracks. Structures  adjacent  to  curve  tracks  shall  have  additional   minimum side clearance compensating for curvature. 3.  Overhead  and side clearance prescribed herein may be decreased to   the extent of a line extending diagonally downward  from  a  point  four   feet  from the center line of the track twenty-two feet above the top of   the rail to a point eight feet from the center  line  of  the  track  at   sixteen feet above the top of the rail.For  tracks  located  at  the  entrance  to  and inside buildings with   eighteen feet overhead and eight  feet  side  clearances  as  prescribed   herein,  the overhead and side clearances may be decreased to the extent   of a line extending diagonally downward from a point four feet from  the   center  line  of  the track eighteen feet above the top of the rail to a   point eight feet from the center line of  the  track  at  fourteen  feet   above the top of the rail.Canopies  at  one  side  of  a  track  at  freight  platforms  may  be   constructed at not less than four feet from the center line of the track   provided the height of such canopies is  at  least  seventeen  feet  six   inches  above the top of the rail and further provided full clearance of   eight feet six inches is maintained on the opposite side  of  the  track   from  the  canopy  or  track centers to adjacent track are not less than   fourteen feet.Shelters over platforms  used  for  passenger  car  operation  may  be   constructed  at  not less than four feet six inches from the center line   of the tracks, provided the height is not less than fifteen  feet  above   the  top  of  the rail and provided the railroads promulgate and enforce   rules prohibiting employees from riding on the side  of  equipment  when   standing above car floor height.4.  The  minimum  distance between the center lines of parallel tracks   shall be not less than thirteen feet six inches for main tracks and  not   less  than  thirteen  feet six inches for yard and side tracks except as   hereinafter provided.The center line of any track, except a main track or a passing  track,   parallel  and  adjacent  to a main track or a passing track, shall be at   least fifteen feet from the center line of such main  track  or  passing   track; provided, however, that, where a passing track is adjacent to and   at  least fifteen feet distant from a main track, the other track may be   constructed adjacent to such passing track with clearance  of  not  less   than thirteen feet six inches.The center line of any ladder track, constructed parallel to any other   adjacent  track,  shall  have a clearance of not less than eighteen feet   from the center line of such other track except parallel  ladder  tracks   shall  have  a  clearance  of not less than nineteen feet center line to   center line.The minimum distance between the center lines  of  parallel  team  and   house tracks shall be not less than thirteen feet six inches.Tracks constructed, or under construction, prior to the effective date   hereof may be extended without increasing distances between tracks.5.  No  merchandise,  material  or  other  articles shall knowingly be   permitted to remain for an unreasonable time piled or assembled  on  the   ground or on a platform adjacent to any track at a distance of less than   eight feet six inches from the center line of the track.Space  between  tracks  ordinarily used by train and yardmen and other   employees as a walkway in discharge of their  duties  and  space  beside   such  tracks  within  eight  feet  six inches of the center line thereof   shall be kept in reasonably suitable condition for such purpose.6. Except as otherwise provided herein, where  the  overhead  or  side   clearances  between  a track and any building, structure or facility are   less than the minimum prescribed herein, but were created prior  to  the   effective  date  hereof,  minimum  clearances prescribed herein shall be   provided whenever a building, structure  or  facility  is  relocated  or    reconstructed;    however,    upon   petition,   the   commissioner   of   transportation may grant specific requests  for  future  continuance  of   such  prior  clearances  at  such  reconstructed  building, structure or   facility when application therefor has been made as provided herein.7.  Nothing  herein  shall  be  construed as restricting the temporary   distribution of materials  or  the  performance  of  work  on,  over  or   adjacent  to  tracks, when such distribution or performance is necessary   in the construction or maintenance of facilities or equipment,  provided   such  distribution  and  performance  shall  be  carried  out  within  a   reasonable time under conditions reasonably necessary to provide for the   safety of all concerned, including proper notice by train order, message   or bulletin.If, in any particular case, exemption from  any  of  the  requirements   herein  is  deemed necessary by the railroad concerned, the commissioner   of transportation may grant the application of such  railroad  for  such   exemption  when  accompanied  by a petition setting forth the conditions   existing and the reason why such exemption is asked.  Any  exemption  so   granted  will be limited to the particular case covered by the petition.   In  connection  with  any  construction  under  his  jurisdiction,   the   commissioner  of  transportation need not comply with this section if in   his judgment such compliance is not feasible and he  obtains  a  written   statement  from  the railroad concerned that it has no objection to such   noncompliance.8.  Wherever  the  words  "railroads",  "railroad  tracks",  "tracks",   "buildings",  "entrances  to  and  inside  of  buildings", "structures",   "facilities", "platforms", and other similar terms are used herein, they   shall apply not only to property owned by or leased  to  common  carrier   railroads  but  also to include all privately owned property serviced by   the railroads.The  provisions  herein  shall  not  apply   to   repairs,   renewals,   maintenance,  extensions, additions, or rearrangements, in substantially   the same location and within the general plan of existing installations,   provided that existing clearances shall not be reduced.