Title TRA, Transportation

§ 19. Interstate high speed intercity rail passenger network compact. The interstate high speed intercity rail passenger network compact is hereby ratified, enacted into law and entered into with all other jurisdictions legally joining therein in form substantially as follows: I…

§ 190. Application of article. This article shall apply to common carriers of property by motor vehicle transporting household goods. The provisions of this article shall not apply to: (a) the transportation of household goods by or for the federal, state or municipal government…

§ 191. Certificate requirement. 1. No person or persons shall engage in intrastate transportation as a common carrier of household goods by motor vehicle on any highway in this state, or hold themselves out by advertising or any other means to provide such service, unless there …

§ 192. Probationary certificate. 1. A probationary certificate to operate as a common carrier of household goods by motor vehicle may be issued by the commissioner to a qualified applicant after public notice and with or without hearing. The application shall contain such inform…

§ 193. Permanent certificate. 1. A permanent certificate to operate as a common carrier of household goods by motor vehicle may be issued by the commissioner after notice and with or without hearing to a carrier which has held a probationary certificate for at least six months i…

§ 194. Agents. 1. Each motor carrier providing transportation of household goods subject to this article, and any agent or agents employed or utilized by it, shall be jointly and severally liable for any act or omission or for any violation of this chapter or any order or regula…

§ 195. Amendment, revocation and transfer of certificates and permits. 1. Certificates shall be effective from the date specified therein, and shall remain in effect until terminated as herein provided. Any such certificate may, upon application of the holder thereof and in the …

§ 196. Rates and charges; common carriers of household goods. 1. It shall be the duty of every common carrier of household goods to establish, observe and enforce just and reasonable rates, charges and classifications, and just and reasonable regulations and practices relating t…

§ 197. Tariff requirements; common carriers of household goods. 1. No common carrier of household goods by motor vehicle shall engage in such transportation unless the rates and charges of said carrier have been prescribed, or filed in accordance with the provisions of this arti…

§ 198. Dispute settlement. 1. One or more motor carriers providing transportation of household goods subject to the jurisdiction of the commissioner or an industry association or associations representing motor carriers providing transportation of household goods shall be encour…

§ 198-a. Enforcement. The department shall enforce this article and any rules or regulations promulgated pursuant thereto. The attorney general, in response to a request by the commissioner or a complaint from a consumer, or on the attorney general's own initiative, may seek equ…

§ 199. Liability for damage to property in transit. Every common carrier of household goods by motor vehicle shall, upon demand, issue a bill of lading for all property delivered to it for transportation. No contract, stipulation or clause in any bill of lading shall exempt any …

§ 2. Definitions. Whenever used in this chapter, unless a different meaning clearly appears from the context the terms: 1. "Baggage company" means a person engaged under contract or agreement with a railroad company or street railroad company in the checking of baggage, or in th…

§ 20. Nighttime work on major capital construction projects on highways, expressways and parkways. 1. On every major limited access highway, expressway and parkway capital construction project to be initiated by the department in regions ten and eleven on and after April first, …

§ 21. Single audit program. 1. Municipalities and public authorities that are required in any fiscal year to have a federal single audit performed under paragraph (a) of part 200.501 of title 2 of the code of federal regulations as amended from time to time, and that expend in e…

§ 210. Application of this article. The term "motor truck" as used in this article shall be deemed to mean and include any commercial motor vehicle held and used for the transportation of goods, wares and merchandise for hire or for a business purpose, pursuant to the rules and …

§ 211. General provisions. No driver of a motor truck or motor bus shall drive such vehicle or be on duty for any period of time in excess of that authorized pursuant to regulation of the commissioner. The commissioner is hereby authorized to promulgate rules and regulations gov…

§ 212. Records. Every driver of a motor truck or motor bus shall keep and carry on the vehicle records showing the day and hour when and the place where he went and was released from duty, whether in this state or outside of this state. The commissioner shall prescribe the form …

§ 213. Penalties; enforcement. Any person violating the provisions of this article or failing to keep or falsifying any records to be kept in compliance therewith, or any corporation, company, association, joint-stock association, partnership, person or any officer or agent ther…

§ 214. Exemptions. a. The commissioner shall adopt rules and regulations establishing when the provisions of this article shall not apply, which rules and regulations shall conform, as applicable, to paragraphs (b) through (r) of section 395.1 of title 49 of the code of federal …

§ 215. Legislative findings. The legislature hereby finds and declares that the state has a responsibility to insure the safety of public transportation systems. Further, there exists a need for an independent, investigative and advisory body to examine the causes of accidents o…

§ 216. State public transportation safety board. 1. There is hereby created in the department a board, to be known as the state public transportation safety board. Such board shall be responsible for the investigation of accidents involving public transportation in the state, in…

§ 217. Powers and duties of the board. The board shall have the following powers and duties: 1. To investigate accidents occurring on or involving public transportation facilities or systems whether publicly or privately owned and report on the results of such investigations; 2.…

§ 218. Periodic review of safety plans and standards. The board may review and recommend to the public transportation operators and carriers changes in safety standards, public transportation operating practices and safety plans. Public transportation operators and carriers shal…

§ 219. Assistance of other agencies. 1. To effectuate the purposes of this article, the board may request and receive from any department, division, board, bureau, commission or other agency of the state or any political subdivision thereof or any public authority such assistanc…

§ 219-a. Studies; surveys. In the accomplishment of the purposes of this article, the board may undertake research and studies through its own personnel or in cooperation with any public or private agencies, including educational, safety research organizations, colleges, univers…

§ 219-b. Grants or gifts. The board, with the approval of the governor, may accept as agent of the state any grant, including federal grants, or any gift for any of the purposes of this article. Any moneys so received may be expended by the board to effectuate any purpose of thi…

§ 219-c. Operating authority. As used in this article, the term "metropolitan transportation authority" shall mean the authority and its subsidiaries, the Long Island railroad, metro-north railroad, metropolitan suburban bus authority and Staten Island rapid transit operating au…

§ 22. Work zone safety and enforcement. The department shall, in cooperation with the superintendent of state police, the commissioner of motor vehicles, the chairman of the New York state thruway authority, local law enforcement agencies and representatives for contractors and …

§ 220. Short title. This article shall be known as the "grade crossing elimination act of nineteen hundred seventy." However, sections of the transportation law falling within this article may be cited either as sections of the transportation law or as sections of the "grade cro…

§ 221. Purpose. This article shall continue the implementation of section fourteen of article seven of the constitution and shall supersede chapter six hundred seventy-seven and chapter six hundred seventy-eight of the laws of nineteen hundred twenty-eight, and all acts suppleme…

§ 222. Applicability; general provisions of grade crossing elimination. 1. This article shall apply to all highway-railroad grade crossing eliminations the construction work for which is commenced on or after March first, nineteen hundred seventy-one, except that any such projec…

§ 223. Expenses of elimination; approval and payment; costs of railroad improvements. The expense of every highway-railroad grade crossing elimination project constructed pursuant to the provisions of this article, including incidental improvements connected therewith, as determ…

§ 224. Statement of expenses; filing; reimbursement of state for railroad improvements. Upon the determination of the commissioner of (1) the cost of such elimination including incidental improvements connected therewith; (2) the cost of such elimination exclusive of such incide…

§ 225. Performance of work. 1. Except for work on the railroad tracks or other railroad facilities performed by railroad company forces at the direction of the commissioner and elimination work which the commissioner determines shall be accomplished by use of departmental forces…

§ 226. Persons aggrieved; right to hearing; rehearing; appeals. Any person aggrieved by any order or decision provided for in this article, or made pursuant thereto, and who was a party to such proceeding, may within thirty days after the service of such order or decision, apply…

§ 227. Federal aid; receipt and expenditure. The comptroller is hereby authorized to accept from the federal government or any department or agency thereof any moneys in any way granted, allocated or apportioned for the purpose of highway-railroad grade crossing eliminations or …

§ 228. Acquisition of property required for grade crossing elimination projects. 1. The commissioner shall cause to be prepared an accurate acquisition map of any and all property which he may deem necessary for purposes connected with the elimination of any grade crossing, or o…

§ 229. Pending grade crossing elimination proceedings. In connection with any proceedings for the elimination of a grade crossing in which all business and matters have not been completed on March first, nineteen hundred seventy-one, the commissioner may make any determinations;…

§ 230. Expenditure of monies. The monies received by the state from the sale of bonds pursuant to the rail preservation bond act of nineteen hundred seventy-four and the energy conservation through improved transportation bond act of nineteen hundred seventy-nine shall be expend…

§ 231. Definitions. As used in this article, the following terms shall include and mean: 1. "Municipality." A city, county not wholly contained within a city, town, village, special transportation district, public benefit corporation or other public corporation, or two or more o…

§ 232. State assistance application procedure. 1. A municipality may submit an application for state assistance toward the cost of any municipal rail preservation project which is eligible for state assistance pursuant to this article to the commissioner in such form and contain…

§ 233. Powers and duties of the commissioner. In administering the provisions of this article, the commissioner: 1. shall make an itemized estimate of funds or appropriations required annually for inclusion in the executive budget; 2. shall, by April first, nineteen hundred eigh…

§ 234. Powers and duties of an applicant. An applicant shall have the power and authority to: 1. undertake and carry out any project for which state assistance is received or to be received pursuant to this article and maintain and operate such project; 2. expend money received …

§ 235. Approval of projects. 1. Rail preservation or local street or highway projects shall be undertaken pursuant to this article only with the approval of the commissioner, and in the case of municipal projects for rail preservation, or local street or highway projects, pursua…

§ 236. Contracts for projects. 1. The commissioner, in the name of the state, may enter into contracts with municipalities, counties or the city of New York to undertake rail preservation projects, or local street or highway projects, and any such municipality, county or the cit…

§ 240. Transfer of functions. The functions and powers possessed by and the obligations and duties of the public service commission and the department of public service pertaining to the regulation of common carriers, bus companies, contract carriers of passengers by motor vehic…

§ 241. Transfer of employees. Upon the transfer of functions to the department pursuant to this article, provision should be made for the transfer to the department of such employees of the public service commission and the department of public service who are engaged in carryin…

§ 242. Transfer of records. The public service commission and the department of public service shall deliver to the commissioner all books, papers, records and property of such commission and department pertaining to the functions transferred pursuant to this article.

§ 243. Continuity of authority. For the purpose of succession to all functions, powers, duties and obligations transferred pursuant to this article, the department shall constitute the continuation of the public service commission and the department of public service, and not a …