§ 51-A — Clearances

New York § 51-A

• Jurisdiction: New York
• Law RRD: Railroad
• Art. 3: Construction, Operation and Management

Text

§ 51-a. Clearances. Clearance distance between adjacent tracks and\nbetween tracks and adjacent structures or obstructions and between the\ntop of the rail and any overhead wire, bridge, viaduct or obstruction.\nAll tracks hereafter constructed or reconstructed by every railroad in\nthis state shall be laid and maintained so as to provide the following\nminimum distance between adjacent tracks and between tracks and adjacent\nor overhead structures or obstructions:\n 1. Twenty-two feet between the top of the rail and any overhead wire,\nbridge, viaduct or other obstruction when operating conditions require\nmen to ride or work on the top of cars, except as hereinafter provided.\nStructures constructed, or under construction, prior to the effective\ndate hereof, including the extension of said structures by the erection\nof abutting buildings, may be maintained at existing clearances and\nadditional tracks may be constructed and existing tracks reconstructed\nthereunder at the same clearance.\n Overhead clearance above the top of the rail of such tracks located at\nthe entrance and inside of buildings may be reduced to eighteen feet,\nprovided that, when an overhead clearance of less than twenty-two feet\nexists on tracks inside such buildings, movements of railway equipment\nshall be brought to a stop before entering such building. In switching\nmovements requiring a number of entries, stop shall be required only\nupon initial entry.\n Clearances provided in this section shall not apply to electric wires\nand equipment required over present and future tracks for operation of\ntrains by electric energy, provided the railroad concerned promulgates\nand enforces rules that prohibit any employee from being on top of cars\nwhile being operated under lower clearances than provided for in this\nsection.\n Clearances provided in this section shall not apply to engine houses,\nengine house facilities or tipples. These clearances shall not apply to\nfacilities used for servicing cars, nor for loading or unloading of bulk\ncommodities, where such compliance is not reasonably practicable.\n 2. Side clearances from the center line of tangent railroad tracks,\nused or proposed to be used for transporting freight cars, except as\nhereinafter provided, shall be as provided herein. However, structures,\nincluding platforms and tracks, constructed, or under construction,\nprior to the effective date hereof including the extension of said\nstructures by the erection of abutting buildings, may be maintained and\nextended at existing clearances.\n All structures and obstructions above the top of the rail except those\nhereinafter specifically mentioned are to have a side clearance of not\nless than eight feet six inches as measured from the center line of the\ntrack.\n Platforms, except platforms adjacent to the main or passing tracks,\nfour feet or less above the top of the rail may have lesser clearances\nthan eight feet six inches from the center line of the track on one side\nof such tracks only and where a full clearance of eight feet six inches\nis maintained on the opposite side of the track or track centers to\nadjacent track are not less than fourteen feet.\n Platforms four feet six inches or less above the top of the rail when\nused principally for loading or unloading refrigerator cars may be\nconstructed eight feet from the center line of the track.\n Platforms previously constructed at less than clearances herein\nprescribed may be extended at such lesser clearances unless such\nextension is in connection with the reconstruction of an original\nplatform.\n Low passenger platforms not over eight inches above the top of the\nrail may be five feet one inch from the center line of track. High\npassenger platforms four feet or less above the top of a rail may be\nfive feet seven inches from the center line of the track.\n Side clearances, other than for platforms, on sides only, at entrances\nto and inside of buildings shall be not less than eight feet from the\ncenter line of the track.\n Switchboxes, switch-operating mechanisms and accessories necessary for\ncontrol and operating of signals and interlockers projecting four inches\nor less above the top of a rail shall be not less than three feet from\nthe center line of the track.\n The center spindle of signal and switch stands three feet or less\nabove the top of a rail and located between tracks, where not\npracticable to provide clearances otherwise prescribed herein, shall be\nnot less than six feet from the center line of the track.\n Through bridges supporting the track affected, tunnels, water columns\nand oil columns shall be not less than eight feet from the center line\nof the track, except where special protection is required for unusual\ncommodities.\n Clearances for through bridges supporting the track affected, water\nbarrel platforms and refuge platforms on bridges and trestles not\nprovided with walkways, handrails, water barrels, water columns, oil\ncolumns, block signals, cattle guards, and stock chutes, when all\nportions thereof are four feet or less above the top of the rail, may be\ndecreased to an extent defined by a line extending diagonally upward\nfrom a point level with the top of the rail and five feet distant\nlaterally from the center line of the track to a point four feet above\nthe top of the rail and eight feet distant laterally from the center\nline of the track, provided, however, that the minimum clearance for\nhandrails and water barrels on bridges with walkways shall be seven feet\nnine inches, and, provided further that the minimum clearance for fences\nof cattle guards shall be six feet nine inches.\n Lesser clearances authorized herein for handrails and water barrels\nshall not be applicable to through bridges where work of trainmen or\nyardmen requires them to be upon the decks of such bridges for the\npurpose of coupling and uncoupling cars in the performance of switching\nservice on a switching lead.\n Side clearances specified herein shall not apply to mail cranes during\nsuch time as the arms of such mail cranes are supporting a mail sack for\ndelivery, provided the top arm is not then higher than ten feet eight\ninches above the top of the rail and neither arm extends within six feet\nfive inches from the center line of the track.\n Icing platforms and supports shall have side clearance of not less\nthan eight feet.\n Operations over portions of track adjacent to icing platforms\nheretofore constructed with side clearance of less than eight feet shall\nbe restricted, except in emergencies, to movement or switching of trains\ncontaining refrigerator cars to be iced, and necessary use of such track\nfor unloading of supplies required for operation of icing dock.\n Side clearances specified herein shall not apply to intertrack fences\nlocated on the center line between tracks.\n Clearances provided in this section shall not apply to an engine\nhouse, engine house facilities or tipples, facilities used for servicing\ncars, or for loading or unloading of bulk commodities, where such\ncompliance is not reasonably practicable.\n Side clearances specified herein shall not apply to car retarders,\nderails, switch point protectors, guard rails and similar appurtenances\nprojecting three inches or less above the top of the rail.\n All minimum side clearances prescribed in this section are for tangent\ntracks. Structures adjacent to curve tracks shall have additional\nminimum side clearance compensating for curvature.\n 3. Overhead and side clearance prescribed herein may be decreased to\nthe extent of a line extending diagonally downward from a point four\nfeet from the center line of the track twenty-two feet above the top of\nthe rail to a point eight feet from the center line of the track at\nsixteen feet above the top of the rail.\n For tracks located at the entrance to and inside buildings with\neighteen feet overhead and eight feet side clearances as prescribed\nherein, the overhead and side clearances may be decreased to the extent\nof a line extending diagonally downward from a point four feet from the\ncenter line of the track eighteen feet above the top of the rail to a\npoint eight feet from the center line of the track at fourteen feet\nabove the top of the rail.\n Canopies at one side of a track at freight platforms may be\nconstructed at not less than four feet from the center line of the track\nprovided the height of such canopies is at least seventeen feet six\ninches above the top of the rail and further provided full clearance of\neight feet six inches is maintained on the opposite side of the track\nfrom the canopy or track centers to adjacent track are not less than\nfourteen feet.\n Shelters over platforms used for passenger car operation may be\nconstructed at not less than four feet six inches from the center line\nof the tracks, provided the height is not less than fifteen feet above\nthe top of the rail and provided the railroads promulgate and enforce\nrules prohibiting employees from riding on the side of equipment when\nstanding above car floor height.\n 4. The minimum distance between the center lines of parallel tracks\nshall be not less than thirteen feet six inches for main tracks and not\nless than thirteen feet six inches for yard and side tracks except as\nhereinafter provided.\n The center line of any track, except a main track or a passing track,\nparallel and adjacent to a main track or a passing track, shall be at\nleast fifteen feet from the center line of such main track or passing\ntrack; provided, however, that, where a passing track is adjacent to and\nat least fifteen feet distant from a main track, the other track may be\nconstructed adjacent to such passing track with clearance of not less\nthan thirteen feet six inches.\n The center line of any ladder track, constructed parallel to any other\nadjacent track, shall have a clearance of not less than eighteen feet\nfrom the center line of such other track except parallel ladder tracks\nshall have a clearance of not less than nineteen feet center line to\ncenter line.\n The minimum distance between the center lines of parallel team and\nhouse tracks shall be not less than thirteen feet six inches.\n Tracks constructed, or under construction, prior to the effective date\nhereof may be extended without increasing distances between tracks.\n 5. No merchandise, material or other articles shall knowingly be\npermitted to remain for an unreasonable time piled or assembled on the\nground or on a platform adjacent to any track at a distance of less than\neight feet six inches from the center line of the track.\n Space between tracks ordinarily used by train and yardmen and other\nemployees as a walkway in discharge of their duties and space beside\nsuch tracks within eight feet six inches of the center line thereof\nshall be kept in reasonably suitable condition for such purpose.\n 6. Except as otherwise provided herein, where the overhead or side\nclearances between a track and any building, structure or facility are\nless than the minimum prescribed herein, but were created prior to the\neffective date hereof, minimum clearances prescribed herein shall be\nprovided whenever a building, structure or facility is relocated or\nreconstructed; however, upon petition, the commissioner of\ntransportation may grant specific requests for future continuance of\nsuch prior clearances at such reconstructed building, structure or\nfacility when application therefor has been made as provided herein.\n 7. Nothing herein shall be construed as restricting the temporary\ndistribution of materials or the performance of work on, over or\nadjacent to tracks, when such distribution or performance is necessary\nin the construction or maintenance of facilities or equipment, provided\nsuch distribution and performance shall be carried out within a\nreasonable time under conditions reasonably necessary to provide for the\nsafety of all concerned, including proper notice by train order, message\nor bulletin.\n If, in any particular case, exemption from any of the requirements\nherein is deemed necessary by the railroad concerned, the commissioner\nof transportation may grant the application of such railroad for such\nexemption when accompanied by a petition setting forth the conditions\nexisting and the reason why such exemption is asked. Any exemption so\ngranted will be limited to the particular case covered by the petition.\nIn connection with any construction under his jurisdiction, the\ncommissioner of transportation need not comply with this section if in\nhis judgment such compliance is not feasible and he obtains a written\nstatement from the railroad concerned that it has no objection to such\nnoncompliance.\n 8. Wherever the words "railroads", "railroad tracks", "tracks",\n"buildings", "entrances to and inside of buildings", "structures",\n"facilities", "platforms", and other similar terms are used herein, they\nshall apply not only to property owned by or leased to common carrier\nrailroads but also to include all privately owned property serviced by\nthe railroads.\n The provisions herein shall not apply to repairs, renewals,\nmaintenance, extensions, additions, or rearrangements, in substantially\nthe same location and within the general plan of existing installations,\nprovided that existing clearances shall not be reduced.\n