N.Y. Transportation Law § 97-a: Rules and instructions for flag protection for stopped railroad trains

§ 97-a. Rules and instructions for flag protection for stopped

railroad trains. 1. Every railroad company shall, within thirty days

enactment hereof, promulgate appropriate operating rules and special

instructions for employees in conformity with the following:

(a) When a train stops under circumstances in which it may be

overtaken by another train, a member of the crew must provide flagging

protection, that is, go back immediately with a red flag, torpedoes and

fusees by day and with a red and/or white light, torpedoes and fusees by

night, a sufficient distance to insure full protection, placing two

torpedoes on the rail and when necessary, in addition, display lighted

fusees.

(b) When recalled and safety to the train will permit, he may return.

(c) When conditions require, he will leave the torpedoes and a lighted

fusee.

(d) The front of the train must be protected in the same way, when

necessary, by a member of the crew.

(e) When a train is moving under circumstances in which it may be

overtaken by another train, a member of the crew must take such action

as may be necessary to insure full protection. By night (or by day, when

the view is obscured) lighted fusees must be dropped off the moving

train or displayed at proper intervals.

(f) When day signals cannot be plainly seen, owing to weather or other

conditions, night signals must also be used.

(g) Conductors and enginemen are responsible for the protection of

their trains.

(h) When a pusher engine is assisting a train, coupled behind the

cabin or caboose car, and the member of the crew who protects the

rear-end of the train is riding in the cabin or caboose car, the

requirements as to the fusees will be met by dropping them off between

the cabin or caboose car and pusher engine on the track the train is

using, and not between that track and an adjacent track. Provided,

however, that unless specific circumstances indicate to the contrary, it

will be presumed that trains stopping under the following circumstances

will not be overtaken by another train:

(i) Passenger trains making normal station stops.

(ii) All trains stopping in manual block territory protected by

absolute block.

(iii) All trains stopping so as to be completely within the limits of

classication or storage yards at the usual place to change crews or

remove power.

2. Nothing in this section shall be deemed to require the employment

of additional employees or restrict the use of crew members in any

manner.

3. The commissioner shall have full authority to enforce the

provisions of this section.