72 - Inspection of locomotives.
§ 72. Inspection of locomotives. It shall be the duty of every railroad corporation which operates a railroad not exceeding fifty miles in length by steam power or any other form of energy, within this state, and of any other corporation (except a railroad corporation), partnership or person owning or operating a locomotive or locomotives propelled by steam, or any other form of energy, which may at any time pass over or on the tracks of any railroad corporation within the state or over or on any track parallel to and immediately adjacent to any track of any railroad corporation within the state, and of the directors, managers or superintendents of such corporations, to cause thorough inspections to be made of the safety appliances, machinery, and all appurtenances thereto of all the locomotives which may be owned or operated by such corporations, partnerships or persons within this state. Such inspections shall be made at least every thirty days under the direction and superintendence of said corporations, partnerships or persons, by persons of suitable qualifications and attainments to perform the services required of inspectors of boilers and other locomotive equipment, and who from their knowledge of the construction and use of boilers and other locomotive equipment, and the appurtenances therewith connected, are able to form a reliable opinion of the strength, form, workmanship and suitableness of boilers and other locomotive equipment, to be employed without hazard of life, from imperfections in material, workmanship or arrangement of any part of such locomotive and appurtenances. All boilers used on such locomotives shall comply with the following requirements: The boilers must be made of good and suitable materials; the openings for the passage of water and steam respectively, and all pipes and tubes exposed to heat shall be of proper dimensions; the safety valves, fusible plugs, water glasses, gauge cocks and steam gauges, shall be of such construction, condition and arrangement that the same may be safely employed in the active service of said corporations, partnerships or persons without peril to life; and each inspector shall satisfy himself by thorough examination that said requirements have been fully complied with. No boiler, nor any connection therewith, shall be approved which is unsafe in its form, or dangerous from defects, workmanship or other cause. The person or persons who shall make the said inspections if he or they approve of the boiler and other locomotive equipment and the appurtenances thereto throughout, shall make and subscribe his or their name to a certificate which may be a duplicate of the certificate required by the federal railroad administration and which shall contain the number of each locomotive and boiler inspected, the date of inspection, the condition of the boiler and other locomotive equipment inspected, and such other details as may be prescribed by the commissioner of transportation. Every certificate shall be verified by the oath of the inspector, and he shall cause such certificate to be filed in the office of the commissioner of transportation, every January and July, and also a copy thereof with the chief operating officer or employee of such corporation, partnership or person having charge of the operation of such locomotive; a copy shall also be placed by such officer or employee in a conspicuous place in the cab connected with such locomotive, and there displayed under a transparent cover. The commissioner of transportation shall have the power, from time to time, to formulate rules and regulations for the inspection and testing of locomotives as aforesaid, and may require the removal of incompetent inspectors of locomotives under the provisions of this section. If it shall be ascertained by such inspection and test or otherwise, that any locomotive is unsafe for use, the same shall not again be used until it shall be repaired, and made safe, so as to comply with the requirementsof this section. Every such corporation, director, manager or superintendent, partnership or person violating any of the provisions of this section shall be liable to a penalty, to be paid to the people of the state of New York, of one hundred dollars for each offense, and the further penalty of one hundred dollars for each day it or he shall omit or neglect to comply with said provisions, and the making or filing of a false certificate shall be a misdemeanor, and every inspector who wilfully certifies falsely with respect to any locomotive, or any appurtenance thereto belonging, or any matter or thing contained or required to be contained in any certificate, signed and sworn to by him, shall be guilty of a misdemeanor. The commissioner of transportation shall enforce the provisions of this section as to penalties.