NY RR L § 72 (2021)
2021 New York Laws RRD - Railroad Article 3 - Construction, Operation and Management 72 - Inspection of Locomotives.

§  72.  Inspection  of  locomotives.  It  shall  be  the duty of every   railroad corporation which operates a railroad not exceeding fifty miles   in length by steam power or any other form of energy, within this state,   and  of  any  other  corporation  (except   a   railroad   corporation),   partnership  or  person  owning or operating a locomotive or locomotives   propelled by steam, or any other form of energy, which may at  any  time   pass  over or on the tracks of any railroad corporation within the state   or over or on any track parallel to  and  immediately  adjacent  to  any   track  of  any  railroad  corporation  within  the  state,  and  of  the   directors, managers or superintendents of such  corporations,  to  cause   thorough inspections to be made of the safety appliances, machinery, and   all  appurtenances  thereto of all the locomotives which may be owned or   operated by such  corporations,  partnerships  or  persons  within  this   state.  Such  inspections shall be made at least every thirty days under   the direction and superintendence of said corporations, partnerships  or   persons,  by  persons  of  suitable  qualifications  and  attainments to   perform the  services  required  of  inspectors  of  boilers  and  other   locomotive  equipment,  and who from their knowledge of the construction   and use of boilers and other locomotive equipment, and the appurtenances   therewith connected,  are  able  to  form  a  reliable  opinion  of  the   strength,  form,  workmanship  and  suitableness  of  boilers  and other   locomotive equipment, to  be  employed  without  hazard  of  life,  from   imperfections  in  material,  workmanship  or arrangement of any part of   such locomotive and appurtenances. All boilers used on such  locomotives   shall  comply  with the following requirements: The boilers must be made   of good and suitable materials; the openings for the  passage  of  water   and steam respectively, and all pipes and tubes exposed to heat shall be   of  proper  dimensions; the safety valves, fusible plugs, water glasses,   gauge cocks and steam gauges, shall be of such  construction,  condition   and  arrangement  that  the  same  may  be safely employed in the active   service of said corporations, partnerships or persons without  peril  to   life;  and  each inspector shall satisfy himself by thorough examination   that said requirements have been fully complied with. No boiler, nor any   connection therewith, shall be approved which is unsafe in its form,  or   dangerous  from  defects,  workmanship  or  other  cause.  The person or   persons who shall make the said inspections if he or they approve of the   boiler and other locomotive  equipment  and  the  appurtenances  thereto   throughout,  shall make and subscribe his or their name to a certificate   which may be a duplicate of the  certificate  required  by  the  federal   railroad  administration  and  which  shall  contain  the number of each   locomotive and boiler inspected, the date of inspection,  the  condition   of  the  boiler and other locomotive equipment inspected, and such other   details as may be prescribed  by  the  commissioner  of  transportation.   Every certificate shall be verified by the oath of the inspector, and he   shall  cause  such  certificate  to  be  filed  in  the  office  of  the   commissioner of transportation, every January and July, and also a  copy   thereof   with   the   chief  operating  officer  or  employee  of  such   corporation, partnership or person having charge  of  the  operation  of   such locomotive; a copy shall also be placed by such officer or employee   in  a  conspicuous  place in the cab connected with such locomotive, and   there  displayed  under  a  transparent  cover.  The   commissioner   of   transportation  shall  have  the  power, from time to time, to formulate   rules and regulations for the inspection and testing of  locomotives  as   aforesaid,  and  may  require  the  removal of incompetent inspectors of   locomotives under the  provisions  of  this  section.  If  it  shall  be   ascertained   by  such  inspection  and  test  or  otherwise,  that  any   locomotive is unsafe for use, the same shall not again be used until  it   shall  be repaired, and made safe, so as to comply with the requirements    of  this  section.  Every  such  corporation,   director,   manager   or   superintendent, partnership or person violating any of the provisions of   this  section  shall be liable to a penalty, to be paid to the people of   the  state of New York, of one hundred dollars for each offense, and the   further penalty of one hundred dollars for each day it or he shall  omit   or neglect to comply with said provisions, and the making or filing of a   false  certificate  shall  be  a  misdemeanor,  and  every inspector who   wilfully certifies falsely  with  respect  to  any  locomotive,  or  any   appurtenance  thereto  belonging,  or  any  matter or thing contained or   required to be contained in any certificate, signed and sworn to by him,   shall be guilty of a misdemeanor.  The  commissioner  of  transportation   shall enforce the provisions of this section as to penalties.