Title TRA, Transportation

§ 1. Short title. This chapter shall be known as the "Transportation Law."

§ 10. Declaration of policy. It is hereby declared to be the policy of the state of New York that adequate, safe and efficient transportation facilities and services at reasonable cost to the people are essential to the economic growth of the state and the well-being of its peop…

§ 100. Concurrence in joint tariffs. The names of the several carriers which are parties to any joint tariff shall be specified therein, and each of the parties thereto, other than the one filing the same, shall file with the commissioner such evidence of concurrence therein or …

§ 101. Unjust discrimination. No common carrier shall, directly or indirectly, by any special rate, rebate, drawback, or other device or method, charge, demand, collect or receive from any person or corporation a greater or less compensation for any service rendered or to be ren…

§ 102. Unreasonable preference. No common carrier shall make or give any undue or unreasonable preference or advantage to any person or corporation or to any locality or to any particular description of traffic in any respect whatsoever, or subject any particular person or corpo…

§ 103. Transportation prohibited until publication of schedules; rates as fixed to be charged; passes prohibited. 1. No common carrier subject to the provisions of this chapter shall engage or participate in the transportation of passengers or property, between points within the…

§ 104. Free transportation on municipal ferries of soldiers, sailors and marines in uniform. A ferry owned or operated by a municipality between points wholly within the state of New York shall carry without charge or fee of any kind for transportation between such points any so…

§ 105. False billing by carrier or shipper. No common carrier or any officer or agent thereof or any person acting for or employed by it, shall assist, suffer or permit any person or corporation to obtain transportation for any passenger or property between points within this st…

§ 105-a. Immunity from civil liability for employees of public transportation authorities who render assistance to victims of crime. Notwithstanding any provision of law to the contrary, any employee of a public transportation authority who renders assistance to a person who is …

§ 106. Discrimination prohibited; connecting lines. Every common carrier shall afford all reasonable, proper and equal facilities for the interchange of passenger and property traffic between the lines owned, operated, controlled or leased by it and the lines of every other comm…

§ 107. Long and short hauls. It shall be unlawful for any common carrier subject to the provisions of this chapter to charge or receive any greater compensation in the aggregate for the transportation of passengers, or of like kind of property, for a shorter than for a longer di…

§ 108. Distribution of cars. 1. Every common carrier engaged in the transportation of property shall, upon reasonable notice, furnish to all persons and corporations who may apply therefor, and offer property for transportation, sufficient and suitable cars for the transportatio…

§ 109. Liability for damage to property in transit. Every common carrier shall, upon demand, issue either a receipt or bill of lading for all property delivered to it for transportation. No contract, stipulation or clause in any receipt or bill of lading shall exempt or be held …

§ 11. Department of transportation; commissioner. There shall be in the state government a department of transportation. The head of the department shall be the commissioner of transportation, who shall be appointed by the governor, by and with the advice and consent of the sena…

§ 110. Continuous carriage. No common carrier shall enter into or become a party to any combination, contract, agreement or understanding, written or oral, express or implied, to prevent by any arrangement or by change of arrangement of time schedule, by carriage in different ca…

§ 111. Liability for damage. In case a common carrier shall do, cause to be done or permit to be done any act, matter or thing prohibited, forbidden or declared to be unlawful, or shall omit to do any act, matter or thing required to be done, either by law or by order of the com…

§ 112. Routing of shipments by shipper of goods. In all cases where at the time of the delivery of property to a common carrier, for transportation subject to the provisions of this chapter, to any point of destination, between which and the point of such delivery for shipment t…

§ 115. General powers and duties of commissioner in respect to common carriers. 1. The commissioner shall have power and authority to administer oaths, in all parts of the state, to witnesses summoned to testify in any inquiry, investigation, hearing or proceedings; and also to …

§ 116. Reports of common carriers. Every common carrier shall file an annual report with the commissioner verified by the oath of the president, vice-president, treasurer, secretary, general manager or receiver, if any, of such carrier or by the person required to file the same.…

§ 117. Investigation of accidents. The commissioner shall investigate the cause of all accidents on any railroad or street railroad subject to his jurisdiction which result in loss of life or injury to persons or property, and which in his judgment shall require investigation. E…

§ 118. Investigations by commissioner. 1. The commissioner may, of his own motion, investigate or make inquiry, in a manner to be determined by him as to any act or thing done or omitted to be done by any common carrier, subject to his supervision, and the commissioner must make…

§ 119. Rates and service to be fixed by the commissioner. 1. Whenever the commissioner shall find, after a hearing had upon his own motion or upon a complaint, that the rates, fares or charges demanded, exacted, charged or collected by any common carrier subject to his jurisdict…

§ 12. Offices of the department. The principal office of the department of transportation shall be in the county of Albany. Branch offices may be established and maintained by the department in such places as the commissioner may determine, and for which appropriations are made …

§ 120. Power of commissioner to order repairs or changes. If in the judgment of the commissioner, additional tracks, switches, terminals or terminal facilities, stations, motive power, or any other property, construction, apparatus, equipment, facilities or device for use by any…

§ 121. Substitution of motor vehicles or trackless trolleys for cars on tracks; supplemental or extended operation. 1. Whenever the commissioner shall find, after a hearing, had upon the application of any street railroad company or railroad company, that the public interest wil…

§ 122. Contracts between railroad companies and bus companies owned by former; approval of commissioner. Whenever the commissioner has made an order authorizing any street railroad company or railroad company to substitute the operation of stages, buses or motor vehicles in plac…

§ 123. Power of commissioner to order changes in time schedules; running of additional cars and trains. If, in the judgment of the commissioner, any railroad company or street railroad company does not run trains enough or cars enough or possess or operate motive power enough, r…

§ 125. Power of commissioner to order continuance of train service during investigation. Unless otherwise ordered or authorized by the commissioner, no railroad company shall discontinue any train engaged in the transportation of passengers in intrastate commerce within the stat…

§ 126. Uniform system of accounts; access to accounts; forfeitures. The commissioner may, whenever he deems advisable, establish a system of accounts to be used by common carriers which are subject to his supervision, or may classify the said carriers and prescribe a system of a…

§ 127. Franchises and privileges. Without first having obtained the permission and approval of the commissioner no common carrier shall begin the construction of a railroad or street railroad, or any extension thereof, for which a certificate of public convenience and necessity …

§ 128. Transfer of franchises, property or stocks. 1. No franchise nor any right to or under any franchise, to own or operate a railroad or street railroad shall be assigned, transferred or leased, nor shall any contract or agreement with reference to or affecting any such franc…

§ 129. Approval of securities. A common carrier existing, or hereafter incorporated, under or by virtue of the laws of the state of New York, may issue stocks, bonds, notes or other evidences of indebtedness payable at periods of more than twelve months after the date thereof, o…

§ 13. Organization of department; officers and employees. 1. The commissioner may, from time to time, create, abolish, transfer and consolidate divisions, bureaus and other units within the department not expressly established by law as he may determine necessary for the efficie…

§ 130. Reorganizations. 1. Corporate reorganizations of common carriers shall be subject to the approval of the commissioner. 2. Upon all such reorganizations the amount of capitalization, including therein all stocks and bonds and other evidence of indebtedness, shall be such a…

§ 131. Forfeiture; penalties. 1. Every common carrier and all officers, and agents of any common carrier shall obey, observe and comply with every order made by the commissioner so long as the same shall be and remain in force. Any common carrier which shall violate any provisio…

§ 131-a. Penalties for violations. 1. Any railroad company that operates as a common carrier that violates any provision of article five of this chapter and regulations promulgated pursuant thereto shall, upon direction by the commissioner, be liable for a penalty payable to the…

§ 132. Enforcement proceedings. Whenever the commissioner shall find that a common carrier subject to his supervision is failing or omitting or about to fail or omit to do anything required of it by law or by order of the commissioner, or is doing anything or about to do anythin…

§ 133. Penalties for other than common carriers. 1. Any corporation, other than a common carrier which shall violate this chapter, or shall fail to obey, observe and comply with every order made by the commissioner under authority of this chapter so long as the same shall be and…

§ 134. Duties of commissioner as to interstate traffic. The commissioner may investigate interstate freight or passenger rates or interstate freight or passenger service on railroads within the state, and when such rates are, in the opinion of the commissioner, excessive or disc…

§ 135. Rail safety fee. 1. For the fiscal year commencing on April first, nineteen hundred ninety-one and for each fiscal year thereafter, the expenses of the administration and enforcement of the department's railroad safety functions shall be assessed in the form of a fee. 2. …

§ 136. Application of article. This article shall apply to all motor carriers.

§ 137. Transportation policy. It is hereby declared to be the policy of this state to regulate transportation by motor carriers in such manner as to recognize and preserve the inherent advantages of, and foster sound economic conditions in such transportation and among such carr…

§ 138. General powers of commissioner. The commissioner or a designated employee shall have the following functions, powers and duties: 1. To regulate motor carriers by establishing reasonable requirements with respect to continuous and adequate service, and by establishing reas…

§ 139. Insurance requirements. No certificate or permit shall be issued to a motor carrier or remain in force, unless such carrier complies with such rules and regulations as the commissioner shall prescribe governing the filing and approval of surety bonds, policies of insuranc…

§ 14. General functions, powers and duties of department. The department, by or through the commissioner or his duly authorized officer or employee, shall have the following general functions, powers and duties: 1. To coordinate and develop comprehensive, balanced transportation…

§ 14-a. Preservation of agricultural lands, public park and recreational lands, wildlife and waterfowl refuges and historical sites. The commissioner of transportation shall cooperate and consult with the commissioners of agriculture and markets, parks and recreation, environmen…

§ 14-b. Highway safety powers and duties. The department of transportation shall have power to: 1. Advise and assist local authorities as defined in section one hundred twenty-two of the vehicle and traffic law with their traffic problems. 2. Maintain a continuous survey of traf…

§ 14-c. Intercity rail passenger service program. * 1. The department of transportation may cooperate and contract with the national railroad passenger corporation for any intercity rail passenger services deemed necessary, convenient or desirable by the commissioner, within the…

§ 14-d. Rail service preservation. 1. Authorization is hereby given to the commissioner of transportation: a. to acquire, by purchase, gift, grant, transfer, contract or lease, any rail transportation facility with the state, or any part thereof, or the use thereof, and to utili…

§ 14-e. Development of transportation corridors; multiple use outside the counties of Kings and Queens of right of way. The commissioner of transportation shall have power to provide, with or without federal aid, for surveys, studies and plans which include the negotiating for a…