N.Y. Highway Law § 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.