§ 72. Inspection of locomotives. It shall be the duty of every\nrailroad corporation which operates a railroad not exceeding fifty miles\nin length by steam power or any other form of energy, within this state,\nand of any other corporation (except a railroad corporation),\npartnership or person owning or operating a locomotive or locomotives\npropelled by steam, or any other form of energy, which may at any time\npass over or on the tracks of any railroad corporation within the state\nor over or on any track parallel to and immediately adjacent to any\ntrack of any railroad corporation within the state, and of the\ndirectors, managers or superintendents of such corporations, to cause\nthorough inspections to be made of the safety appliances, machinery, and\nall appurtenances thereto of
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§ 72. Inspection of locomotives. It shall be the duty of every\nrailroad corporation which operates a railroad not exceeding fifty miles\nin length by steam power or any other form of energy, within this state,\nand of any other corporation (except a railroad corporation),\npartnership or person owning or operating a locomotive or locomotives\npropelled by steam, or any other form of energy, which may at any time\npass over or on the tracks of any railroad corporation within the state\nor over or on any track parallel to and immediately adjacent to any\ntrack of any railroad corporation within the state, and of the\ndirectors, managers or superintendents of such corporations, to cause\nthorough inspections to be made of the safety appliances, machinery, and\nall appurtenances thereto of all the locomotives which may be owned or\noperated by such corporations, partnerships or persons within this\nstate. Such inspections shall be made at least every thirty days under\nthe direction and superintendence of said corporations, partnerships or\npersons, by persons of suitable qualifications and attainments to\nperform the services required of inspectors of boilers and other\nlocomotive equipment, and who from their knowledge of the construction\nand use of boilers and other locomotive equipment, and the appurtenances\ntherewith connected, are able to form a reliable opinion of the\nstrength, form, workmanship and suitableness of boilers and other\nlocomotive equipment, to be employed without hazard of life, from\nimperfections in material, workmanship or arrangement of any part of\nsuch locomotive and appurtenances. All boilers used on such locomotives\nshall comply with the following requirements: The boilers must be made\nof good and suitable materials; the openings for the passage of water\nand steam respectively, and all pipes and tubes exposed to heat shall be\nof proper dimensions; the safety valves, fusible plugs, water glasses,\ngauge cocks and steam gauges, shall be of such construction, condition\nand arrangement that the same may be safely employed in the active\nservice of said corporations, partnerships or persons without peril to\nlife; and each inspector shall satisfy himself by thorough examination\nthat said requirements have been fully complied with. No boiler, nor any\nconnection therewith, shall be approved which is unsafe in its form, or\ndangerous from defects, workmanship or other cause. The person or\npersons who shall make the said inspections if he or they approve of the\nboiler and other locomotive equipment and the appurtenances thereto\nthroughout, shall make and subscribe his or their name to a certificate\nwhich may be a duplicate of the certificate required by the federal\nrailroad administration and which shall contain the number of each\nlocomotive and boiler inspected, the date of inspection, the condition\nof the boiler and other locomotive equipment inspected, and such other\ndetails as may be prescribed by the commissioner of transportation.\nEvery certificate shall be verified by the oath of the inspector, and he\nshall cause such certificate to be filed in the office of the\ncommissioner of transportation, every January and July, and also a copy\nthereof with the chief operating officer or employee of such\ncorporation, partnership or person having charge of the operation of\nsuch locomotive; a copy shall also be placed by such officer or employee\nin a conspicuous place in the cab connected with such locomotive, and\nthere displayed under a transparent cover. The commissioner of\ntransportation shall have the power, from time to time, to formulate\nrules and regulations for the inspection and testing of locomotives as\naforesaid, and may require the removal of incompetent inspectors of\nlocomotives under the provisions of this section. If it shall be\nascertained by such inspection and test or otherwise, that any\nlocomotive is unsafe for use, the same shall not again be used until it\nshall be repaired, and made safe, so as to comply with the requirements\nof this section. Every such corporation, director, manager or\nsuperintendent, partnership or person violating any of the provisions of\nthis section shall be liable to a penalty, to be paid to the people of\nthe state of New York, of one hundred dollars for each offense, and the\nfurther penalty of one hundred dollars for each day it or he shall omit\nor neglect to comply with said provisions, and the making or filing of a\nfalse certificate shall be a misdemeanor, and every inspector who\nwilfully certifies falsely with respect to any locomotive, or any\nappurtenance thereto belonging, or any matter or thing contained or\nrequired to be contained in any certificate, signed and sworn to by him,\nshall be guilty of a misdemeanor. The commissioner of transportation\nshall enforce the provisions of this section as to penalties.\n