N.Y. Railroad Law § 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.