N.Y. Transportation Law § 131-a: Penalties for violations

§ 131-a. Penalties for violations. 1. Any railroad company that

operates as a common carrier that violates any provision of article five

of this chapter and regulations promulgated pursuant thereto shall, upon

direction by the commissioner, be liable for a penalty payable to the

people of the state of New York in the amount not to exceed five

thousand dollars.

2. Any railroad company that operates as a common carrier of property

that violates any provision of article five of this chapter and

regulations promulgated pursuant thereto with respect to one or more

freight cars required to be placarded by federal hazardous materials

regulations shall, upon direction by the commissioner, be liable for a

penalty payable to the people of the state of New York in an amount not

to exceed fifteen thousand dollars.

3. Each violation shall be a separate and distinct offense, and, in

case of a continuing violation, every day's continuance thereof shall be

a separate and distinct offense.

4. Before imposing a penalty set forth in this section, the

commissioner shall afford the railroad company notice and an opportunity

to be heard. In assessing the penalty, the commissioner may consider

the following:

a. the railroad company's history of violating the law or the

regulations of the commissioner;

b. if the violation arises out of an accident, whether death or

serious injury occurred as a result of the accident, whether the

accident resulted in an evacuation of the general public for one hour or

more, and whether the accident resulted in the closure of a major

transportation artery or facility for one hour or more; and

c. any other factors the commissioner deems relevant.

5. If such penalty is not paid within four months, the amount thereof

may be entered as a judgment in the office of the clerk of the county of

Albany and in any other county in which the railroad company has a place

of business or through which it operates.