Title TRA, Transportation

§ 1. Short title. This chapter shall be known as the "Transportation\nLaw."\n

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

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

§ 101. Unjust discrimination. No common carrier shall, directly or\nindirectly, by any special rate, rebate, drawback, or other device or\nmethod, charge, demand, collect or receive from any person or\ncorporation a greater or less compensation for any service rendered or\nto be…

§ 102. Unreasonable preference. No common carrier shall make or give\nany undue or unreasonable preference or advantage to any person or\ncorporation or to any locality or to any particular description of\ntraffic in any respect whatsoever, or subject any particular person or\nc…

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

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

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

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

§ 106. Discrimination prohibited; connecting lines. Every common\ncarrier shall afford all reasonable, proper and equal facilities for the\ninterchange of passenger and property traffic between the lines owned,\noperated, controlled or leased by it and the lines of every other c…

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

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

§ 109. Liability for damage to property in transit. Every common\ncarrier shall, upon demand, issue either a receipt or bill of lading for\nall property delivered to it for transportation. No contract,\nstipulation or clause in any receipt or bill of lading shall exempt or\nbe h…

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

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

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

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

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

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

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

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

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

§ 12. Offices of the department. The principal office of the\ndepartment of transportation shall be in the county of Albany. Branch\noffices may be established and maintained by the department in such\nplaces as the commissioner may determine, and for which appropriations\nare m…

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

§ 121. Substitution of motor vehicles or trackless trolleys for cars\non tracks; supplemental or extended operation. 1. Whenever the\ncommissioner shall find, after a hearing, had upon the application of\nany street railroad company or railroad company, that the public\ninterest…

§ 122. Contracts between railroad companies and bus companies owned by\nformer; approval of commissioner. Whenever the commissioner has made an\norder authorizing any street railroad company or railroad company to\nsubstitute the operation of stages, buses or motor vehicles in p…

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

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

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

§ 127. Franchises and privileges. Without first having obtained the\npermission and approval of the commissioner no common carrier shall\nbegin the construction of a railroad or street railroad, or any\nextension thereof, for which a certificate of public convenience and\nnecess…

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

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

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

§ 130. Reorganizations. 1. Corporate reorganizations of common\ncarriers shall be subject to the approval of the commissioner.\n 2. Upon all such reorganizations the amount of capitalization,\nincluding therein all stocks and bonds and other evidence of\nindebtedness, shall be s…

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

§ 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 …

§ 132. Enforcement proceedings. Whenever the commissioner shall find\nthat a common carrier subject to his supervision is failing or omitting\nor about to fail or omit to do anything required of it by law or by\norder of the commissioner, or is doing anything or about to do anyt…

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

§ 134. Duties of commissioner as to interstate traffic. The\ncommissioner may investigate interstate freight or passenger rates or\ninterstate freight or passenger service on railroads within the state,\nand when such rates are, in the opinion of the commissioner, excessive\nor …

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

§ 136. Application of article. This article shall apply to all motor\ncarriers.\n

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

§ 138. General powers of commissioner. The commissioner or a\ndesignated employee shall have the following functions, powers and\nduties:\n 1. To regulate motor carriers by establishing reasonable requirements\nwith respect to continuous and adequate service, and by establishing…

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

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

§ 14-a. Preservation of agricultural lands, public park and\nrecreational lands, wildlife and waterfowl refuges and historical sites.\nThe commissioner of transportation shall cooperate and consult with the\ncommissioners of agriculture and markets, parks and recreation,\nenviro…

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

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

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

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