2023 New York Laws › HAY - Highway › Article 9 - Bridges › 236 - Program of Railroad Bridge Inspection.

§   236.   Program   of   railroad   bridge   inspection.  1.  Program
establishment.   Notwithstanding any  other  provision  of  law  to  the
contrary,  the  commissioner  is  authorized  and directed to establish,
implement and exercise oversight  over  a  program  of  railroad  bridge
inspection  in  conformity with the rail safety improvement act of 2008,
subchapter I of chapter 201 of part A of subtitle V of title 49  of  the
United  States  code  as such law may, from time to time, be amended and
part 237 of title  49  of  the  code  of  federal  regulations  as  such
regulations  may,  from  time  to  time, be amended, by all railroads as
defined herein  which  shall  apply  to  all  railroad  bridges  whether
publicly or privately owned.
2.  Bridge  inventory. Each railroad shall provide to the commissioner
an inventory of every railroad bridge  either  owned  or  used  by  such
railroad  whether  exclusively  or with another railroad or railroads as
required to be maintained by part 237 of title 49 of the code of federal
regulations as such regulations may, from time to time, be amended.
3. Bridge inspection. (a) Each railroad shall develop a bridge  safety
management   program   and  submit  to  the  department  written  bridge
management and inspection procedures as required to  be  maintained  and
developed  by part 237 of title 49 of the code of federal regulations as
such regulations may, from time to time, be amended.
(b) Railroad bridge inspections shall be performed by railroad  bridge
inspectors  in  conformity  with  part  237  of  title 49 of the code of
federal regulations as such regulations  may,  from  time  to  time,  be
amended.  The  term  "railroad  bridge  inspectors"  shall have the same
meaning as such term is defined by section 237.53 of  title  49  of  the
code  of federal regulations as such regulations may, from time to time,
be amended.
(c) Each railroad shall conduct an inspection of every railroad bridge
located  in  the  state  for  which  it  has  inspection  responsibility
consistent  with part 237 of title 49 of the code of federal regulations
as such regulations may, from time to time, be amended.
(d) A copy of the inspection report for each  railroad  bridge  shall,
consistent  with part 237 of title 49 of the code of federal regulations
as such regulations may, from time to time, be amended, be maintained by
the appropriate railroad for a  period  of  not  less  than  two  years,
provided  that  each  copy  of  an underwater inspection report shall be
retained  until  the  completion  and  review  of  the  next  underwater
inspection  of  the bridge. If requested by the department, the railroad
shall submit the inspection report within thirty business  days  to  the
department.
(e)   Not  later  than  March  fifteenth  of  each  year,  a  licensed
professional engineer or other  responsible  officer  of  each  railroad
shall  file  a  certification  that  each  bridge  has been inspected in
accordance with part 237 of title 49 of the code of federal  regulations
as   such   regulations   may,  from  time  to  time,  be  amended,  and
additionally, shall advise the  commissioner  of  any  change  affecting
bridge safety which has occurred since the last certification.
(f)  If,  as  a  result of an inspection, a bridge is determined to be
unsafe, the railroad shall immediately notify the commissioner and shall
take appropriate remedial action to ensure that such structure is  safe.
Upon  completion of such remedial action, the railroad shall provide the
commissioner with a certification by a licensed professional engineer or
other responsible officer that the bridge is now safe for  the  loadings
imposed.  If  a  railroad  shall  fail  to  take  remedial  action,  the
commissioner  may  direct  the  railroad  to  take  appropriate  action,
including  requiring  the  closing  of  the  bridge.  Any  order  of the

commissioner  shall   be   reviewable   in   accordance   with   article
seventy-eight of the civil practice law and rules.
(g)  For  purposes of this section, a "licensed professional engineer"
shall mean  a  professional  engineer  who  is  authorized  to  practice
engineering under title eight of the education law.
4.  Powers  of the commissioner. The commissioner shall have the power
to adopt, promulgate, amend and  rescind  such  rules  and  regulations,
consistent  with part 237 of title 49 of the code of federal regulations
as such  regulations  may,  from  time  to  time,  be  amended,  as  the
commissioner  deems appropriate to carry out the provisions and purposes
of this article or  to  enforce  any  standards  established  hereunder.
Additionally   the  commissioner  shall  be  authorized  to  review  the
inspection reports,  inventories  and  other  supporting  documents,  to
compel  the  production  of  any  books,  papers,  records and documents
relevant to the railroad bridge  inspection  program,  and  to  subpoena
witnesses,  administer oaths and take testimony, and to maintain a civil
suit against any public or private entity to compel compliance with  the
provisions of this chapter.