§ 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 requirements
of 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.