N.Y. Comp. Codes R. & Regs. tit. 21 § 1097.3

Current through Register Vol. 46, No. 50, December 11, 2024

Section 1097.3 - Construction

In interpreting or applying these rules, the following provisions shall apply:

(a) Any act otherwise prohibited by any of the rules is permitted if specifically authorized by the terms of any written contract, agreement, permit, license or lease of the type issued in the ordinary course of business of the LIRR provided that such act is otherwise in compliance with any other applicable laws, rules and regulations.

(b) The rules shall not apply to an LIRR employee acting within the course of his employment in an area which is closed to the public. Conduct by employees in areas closed to the public shall continue to be governed in accordance with other applicable laws and LIRR disciplinary procedures.

(c) The rules shall apply with equal force to any person assisting, aiding or abetting another, including a minor, in any of the acts prohibited by the rules or assisting, aiding or abetting another, including a minor, in the avoidance of any of the requirements of the rules.

(d) The order or judgment of a court or other tribunal of competent jurisdiction that any provision of the rules is invalid shall be confined in its operation to the controversy in which it was rendered and shall not affect or invalidate any other provision of the rules or the application of any part of the rules to any other person or circumstance; the provisions of the rules are declared to be severable.

(e) The singular shall mean and include the plural; the masculine gender shall mean and include the feminine; and vice versa.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 1097.3