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