N.Y. Railroad Law § 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.