State Codes and Statutes

Statutes > New-york > Tra > Article-5 > 120

§ 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  reasonably  to  be  provided  or  any  repairs  or  improvements to or changes in any thereof in use ought reasonably to  be  made,  or  any additions to changes in construction should reasonably be  made thereto in order to promote the  security  or  convenience  of  the  public  or  employees,  or  in  order  to  secure  adequate  service  or  facilities for the transportation  of  passengers  or  property,  or  to  overcome  or  to  minimize except by change of motive power nuisances of  smoke,  soot,  or  cinders,  arising  from  the  operation  outside  the  corporate  limits  of  a  city  of  such common carrier, such changes or  additions in equipment not to be in conflict with any federal statute or  regulation, the commissioner shall, after a hearing either  on  his  own  motion  or  after  complaint,  make  and  serve  an order directing such  repairs,  improvements,  changes  or  additions  to  be  made  within  a  reasonable  time  and  in  a  manner  to be specified therein, and every  common  carrier  shall  make  all  repairs,  improvements,  changes  and  additions  required  of  it by any order of the commissioner served upon  it. If  any  repairs,  improvements,  changes  or  additions  which  the  commissioner has determined to order require joint action by two or more  of  said  carriers,  the commissioner shall, before entry and service of  order, notify the said carriers that such repairs, improvements, changes  or additions will be required and that the same shall be made  at  their  joint  cost,  and  thereupon the said carriers shall have thirty days or  such longer time as the commissioner may grant  within  which  to  agree  upon the part or division of cost of such repairs, improvements, changes  or  additions  which  each shall bear. If at the expiration of such time  such carriers shall fail to file with the commissioner a statement  that  an  agreement  has  been  made  for  a division or apportionment of such  repairs, improvements, changes or additions the commissioner shall  have  authority,  after further hearing, to fix in his order the proportion of  such cost or expense to be borne by each such company and the manner  in  which  the same shall be paid and secured. But this section shall not be  construed to authorize the commissioner to require two or more  railroad  companies to unite in the erection of a union station.

State Codes and Statutes

Statutes > New-york > Tra > Article-5 > 120

§ 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  reasonably  to  be  provided  or  any  repairs  or  improvements to or changes in any thereof in use ought reasonably to  be  made,  or  any additions to changes in construction should reasonably be  made thereto in order to promote the  security  or  convenience  of  the  public  or  employees,  or  in  order  to  secure  adequate  service  or  facilities for the transportation  of  passengers  or  property,  or  to  overcome  or  to  minimize except by change of motive power nuisances of  smoke,  soot,  or  cinders,  arising  from  the  operation  outside  the  corporate  limits  of  a  city  of  such common carrier, such changes or  additions in equipment not to be in conflict with any federal statute or  regulation, the commissioner shall, after a hearing either  on  his  own  motion  or  after  complaint,  make  and  serve  an order directing such  repairs,  improvements,  changes  or  additions  to  be  made  within  a  reasonable  time  and  in  a  manner  to be specified therein, and every  common  carrier  shall  make  all  repairs,  improvements,  changes  and  additions  required  of  it by any order of the commissioner served upon  it. If  any  repairs,  improvements,  changes  or  additions  which  the  commissioner has determined to order require joint action by two or more  of  said  carriers,  the commissioner shall, before entry and service of  order, notify the said carriers that such repairs, improvements, changes  or additions will be required and that the same shall be made  at  their  joint  cost,  and  thereupon the said carriers shall have thirty days or  such longer time as the commissioner may grant  within  which  to  agree  upon the part or division of cost of such repairs, improvements, changes  or  additions  which  each shall bear. If at the expiration of such time  such carriers shall fail to file with the commissioner a statement  that  an  agreement  has  been  made  for  a division or apportionment of such  repairs, improvements, changes or additions the commissioner shall  have  authority,  after further hearing, to fix in his order the proportion of  such cost or expense to be borne by each such company and the manner  in  which  the same shall be paid and secured. But this section shall not be  construed to authorize the commissioner to require two or more  railroad  companies to unite in the erection of a union station.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Tra > Article-5 > 120

§ 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  reasonably  to  be  provided  or  any  repairs  or  improvements to or changes in any thereof in use ought reasonably to  be  made,  or  any additions to changes in construction should reasonably be  made thereto in order to promote the  security  or  convenience  of  the  public  or  employees,  or  in  order  to  secure  adequate  service  or  facilities for the transportation  of  passengers  or  property,  or  to  overcome  or  to  minimize except by change of motive power nuisances of  smoke,  soot,  or  cinders,  arising  from  the  operation  outside  the  corporate  limits  of  a  city  of  such common carrier, such changes or  additions in equipment not to be in conflict with any federal statute or  regulation, the commissioner shall, after a hearing either  on  his  own  motion  or  after  complaint,  make  and  serve  an order directing such  repairs,  improvements,  changes  or  additions  to  be  made  within  a  reasonable  time  and  in  a  manner  to be specified therein, and every  common  carrier  shall  make  all  repairs,  improvements,  changes  and  additions  required  of  it by any order of the commissioner served upon  it. If  any  repairs,  improvements,  changes  or  additions  which  the  commissioner has determined to order require joint action by two or more  of  said  carriers,  the commissioner shall, before entry and service of  order, notify the said carriers that such repairs, improvements, changes  or additions will be required and that the same shall be made  at  their  joint  cost,  and  thereupon the said carriers shall have thirty days or  such longer time as the commissioner may grant  within  which  to  agree  upon the part or division of cost of such repairs, improvements, changes  or  additions  which  each shall bear. If at the expiration of such time  such carriers shall fail to file with the commissioner a statement  that  an  agreement  has  been  made  for  a division or apportionment of such  repairs, improvements, changes or additions the commissioner shall  have  authority,  after further hearing, to fix in his order the proportion of  such cost or expense to be borne by each such company and the manner  in  which  the same shall be paid and secured. But this section shall not be  construed to authorize the commissioner to require two or more  railroad  companies to unite in the erection of a union station.