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Home » US Law » 2022 New York Laws » Consolidated Laws » TRA - Transportation » Article 5 - The Powers of the Commissioner in Respect to Common Carriers

115 – General Powers and Duties of Commissioner in Respect to Common Carriers.

§ 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 administer oaths in all parts of the state whenever the […]

116 – Reports of Common Carriers.

§ 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. The verification shall be made by said official holding office […]

117 – Investigation of Accidents.

§ 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. Every common carrier shall give immediate notice to the commissioner of […]

118 – Investigations by Commissioner.

§ 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 such inquiry in regard to […]

119 – Rates and Service to Be Fixed by the Commissioner.

§ 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 jurisdiction for the transportation of persons or property […]

120 – Power of Commissioner to Order Repairs or Changes.

§ 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 common carrier in or in connection with the transportation of passengers or property ought […]

125 – Power of Commissioner to Order Continuance of Train Service During Investigation.

§ 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 state, except upon thirty days’ notice to the commissioner and the posting of notice of such […]

126 – Uniform System of Accounts; Access to Accounts; Forfeitures.

§ 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 accounts for each class, and may prescribe the manner in […]

127 – Franchises and Privileges.

§ 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 shall not have been granted by the board of railroad commissioners or where […]

128 – Transfer of Franchises, Property or Stocks.

§ 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 franchise or right be valid or of any […]

129 – Approval of Securities.

§ 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, or a receiver of such a corporation, if […]

130 – Reorganizations.

§ 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 as is authorized by the commissioner which, in making his determination, shall not exceed […]

131 – Forfeiture; Penalties.

§ 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 provision of law requiring the consent, permission or […]

131-A – Penalties for Violations.

§ 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 people of the state of New York in the amount not […]

132 – Enforcement Proceedings.

§ 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 anything or permitting anything or about […]

133 – Penalties for Other Than Common Carriers.

§ 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 remain in force, shall forfeit to […]

134 – Duties of Commissioner as to Interstate Traffic.

§ 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 discriminatory or are levied or laid in violation of the act of congress […]