New York Laws
Article 9 - Bridges
236 - Program of Railroad Bridge Inspection.

(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.