2020 New York Laws
TRA - Transportation
Article 5 - The Powers of the Commissioner in Respect to Common Carriers
131-A - Penalties for Violations.

§  131-a.  Penalties  for  violations.  1.  Any  railroad company that
  operates as a common carrier that violates any provision of article five
  of this chapter and regulations promulgated pursuant thereto shall, upon
  direction by the commissioner, be liable for a penalty  payable  to  the
  people  of  the  state  of  New  York  in  the amount not to exceed five
  thousand dollars.
2. Any railroad company that operates as a common carrier of  property
  that  violates  any  provision  of  article  five  of  this  chapter and
  regulations promulgated pursuant thereto with respect  to  one  or  more
  freight  cars  required  to  be placarded by federal hazardous materials
  regulations shall, upon direction by the commissioner, be liable  for  a
  penalty  payable to the people of the state of New York in an amount not
  to exceed fifteen thousand dollars.
3. Each violation shall be a separate and distinct  offense,  and,  in
  case of a continuing violation, every day's continuance thereof shall be
  a separate and distinct offense.
4.   Before  imposing  a  penalty  set  forth  in  this  section,  the
  commissioner shall afford the railroad company notice and an opportunity
  to be heard.  In assessing the penalty, the  commissioner  may  consider
  the following:
a.  the  railroad  company's  history  of  violating  the  law  or the
  regulations of the commissioner;
b. if the violation arises  out  of  an  accident,  whether  death  or
  serious  injury  occurred  as  a  result  of  the  accident, whether the
  accident resulted in an evacuation of the general public for one hour or
  more, and whether the accident  resulted  in  the  closure  of  a  major
  transportation artery or facility for one hour or more; and
c. any other factors the commissioner deems relevant.
5.  If such penalty is not paid within four months, the amount thereof
  may be entered as a judgment in the office of the clerk of the county of
  Albany and in any other county in which the railroad company has a place
  of business or through which it operates.