N.Y. TRA Law § 97-A

§ 97-a. Rules and instructions for flag protection for stopped\nrailroad trains. 1. Every railroad company shall, within thirty days\nenactment hereof, promulgate appropriate operating rules and special\ninstructions for employees in conformity with the following:\n (a) When a train stops under circumstances in which it may be\novertaken by another train, a member of the crew must provide flagging\nprotection, that is, go back immediately with a red flag, torpedoes and\nfusees by day and with a red and/or white light, torpedoes and fusees by\nnight, a sufficient distance to insure full protection, placing two\ntorpedoes on the rail and when necessary, in addition, display lighted\nfusees.\n (b) When recalled and safety to the train will permit, he may return.\n (c) When conditions require, he will leave the torpedoes and a lighted\nfusee.\n (d) The front of the train must be protected in the same way, when\nnecessary, by a member of the crew.\n (e) When a train is moving under circumstances in which it may be\novertaken by another train, a member of the crew must take such action\nas may be necessary to insure full protection. By night (or by day, when\nthe view is obscured) lighted fusees must be dropped off the moving\ntrain or displayed at proper intervals.\n (f) When day signals cannot be plainly seen, owing to weather or other\nconditions, night signals must also be used.\n (g) Conductors and enginemen are responsible for the protection of\ntheir trains.\n (h) When a pusher engine is assisting a train, coupled behind the\ncabin or caboose car, and the member of the crew who protects the\nrear-end of the train is riding in the cabin or caboose car, the\nrequirements as to the fusees will be met by dropping them off between\nthe cabin or caboose car and pusher engine on the track the train is\nusing, and not between that track and an adjacent track. Provided,\nhowever, that unless specific circumstances indicate to the contrary, it\nwill be presumed that trains stopping under the following circumstances\nwill not be overtaken by another train:\n (i) Passenger trains making normal station stops.\n (ii) All trains stopping in manual block territory protected by\nabsolute block.\n (iii) All trains stopping so as to be completely within the limits of\nclassication or storage yards at the usual place to change crews or\nremove power.\n 2. Nothing in this section shall be deemed to require the employment\nof additional employees or restrict the use of crew members in any\nmanner.\n 3. The commissioner shall have full authority to enforce the\nprovisions of this section.\n