The commissioner of transportation may, on the application of any railroad corporation, authorize it to use any other safeguard or device approved by the commissioner of transportation, in place of any safeguard or device hereinbefore required by this article, which shall thereafter be used in lieu thereof, and the same penalties for neglect or refusal to use the same shall be incurred and imposed as for a failure to use the safeguard or device hereinbefore required, in lieu of which the same is to be used.
New York Legal Code