2023 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.