§ 236 — Program of railroad bridge inspection

§ 236. Program of railroad bridge inspection. 1. Program\nestablishment. Notwithstanding any other provision of law to the\ncontrary, the commissioner is authorized and directed to establish,\nimplement and exercise oversight over a program of railroad bridge\ninspection in conformity with the rail safety improvement act of 2008,\nsubchapter I of chapter 201 of part A of subtitle V of title 49 of the\nUnited States code as such law may, from time to time, be amended and\npart 237 of title 49 of the code of federal regulations as such\nregulations may, from time to time, be amended, by all railroads as\ndefined herein which shall apply to all railroad bridges whether\npublicly or privately owned.\n 2. Bridge inventory. Each railroad shall provide to the commissioner\nan inventory of every railroad bridge either owned or used by such\nrailroad whether exclusively or with another railroad or railroads as\nrequired to be maintained by part 237 of title 49 of the code of federal\nregulations as such regulations may, from time to time, be amended.\n 3. Bridge inspection. (a) Each railroad shall develop a bridge safety\nmanagement program and submit to the department written bridge\nmanagement and inspection procedures as required to be maintained and\ndeveloped by part 237 of title 49 of the code of federal regulations as\nsuch regulations may, from time to time, be amended.\n (b) Railroad bridge inspections shall be performed by railroad bridge\ninspectors in conformity with part 237 of title 49 of the code of\nfederal regulations as such regulations may, from time to time, be\namended. The term "railroad bridge inspectors" shall have the same\nmeaning as such term is defined by section 237.53 of title 49 of the\ncode of federal regulations as such regulations may, from time to time,\nbe amended.\n (c) Each railroad shall conduct an inspection of every railroad bridge\nlocated in the state for which it has inspection responsibility\nconsistent with part 237 of title 49 of the code of federal regulations\nas such regulations may, from time to time, be amended.\n (d) A copy of the inspection report for each railroad bridge shall,\nconsistent with part 237 of title 49 of the code of federal regulations\nas such regulations may, from time to time, be amended, be maintained by\nthe appropriate railroad for a period of not less than two years,\nprovided that each copy of an underwater inspection report shall be\nretained until the completion and review of the next underwater\ninspection of the bridge. If requested by the department, the railroad\nshall submit the inspection report within thirty business days to the\ndepartment.\n (e) Not later than March fifteenth of each year, a licensed\nprofessional engineer or other responsible officer of each railroad\nshall file a certification that each bridge has been inspected in\naccordance with part 237 of title 49 of the code of federal regulations\nas such regulations may, from time to time, be amended, and\nadditionally, shall advise the commissioner of any change affecting\nbridge safety which has occurred since the last certification.\n (f) If, as a result of an inspection, a bridge is determined to be\nunsafe, the railroad shall immediately notify the commissioner and shall\ntake appropriate remedial action to ensure that such structure is safe.\nUpon completion of such remedial action, the railroad shall provide the\ncommissioner with a certification by a licensed professional engineer or\nother responsible officer that the bridge is now safe for the loadings\nimposed. If a railroad shall fail to take remedial action, the\ncommissioner may direct the railroad to take appropriate action,\nincluding requiring the closing of the bridge. Any order of the\ncommissioner shall be reviewable in accordance with article\nseventy-eight of the civil practice law and rules.\n (g) For purposes of this section, a "licensed professional engineer"\nshall mean a professional engineer who is authorized to practice\nengineering under title eight of the education law.\n 4. Powers of the commissioner. The commissioner shall have the power\nto adopt, promulgate, amend and rescind such rules and regulations,\nconsistent with part 237 of title 49 of the code of federal regulations\nas such regulations may, from time to time, be amended, as the\ncommissioner deems appropriate to carry out the provisions and purposes\nof this article or to enforce any standards established hereunder.\nAdditionally the commissioner shall be authorized to review the\ninspection reports, inventories and other supporting documents, to\ncompel the production of any books, papers, records and documents\nrelevant to the railroad bridge inspection program, and to subpoena\nwitnesses, administer oaths and take testimony, and to maintain a civil\nsuit against any public or private entity to compel compliance with the\nprovisions of this chapter.\n