§ 1261 — Definitions

New York § 1261

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 11: Metropolitan Commuter Transportation Authority
• Art. 5: Public Utility Authorities

Text

§ 1261. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n 1. "Authority" shall mean the corporation created by section twelve\nhundred sixty-three of this title.\n 2. "Authority facilities" shall mean the authority's railroad,\nomnibus, marine and aviation facilities and operations pursuant to joint\nservice arrangements.\n 3. "Budget" shall mean the preliminary, final proposed and adopted\nfinal plans of the authority, and each of its agencies.\n 4. "Comptroller" shall mean the comptroller of the state of New York.\n 5. "Equipment" shall mean rolling stock, omnibuses, vehicles, air,\nmarine or surface craft, motors, boilers, engines, wires, ways, conduits\nand mechanisms, machinery, tools, implements, materials, supplies,\ninstruments and devices of every nature whatsoever used or useful for\ntransportation purposes or for the generation or transmission of motive\npower including but not limited to all power houses, and all apparatus\nand all devices for signalling, communications and ventilation as may be\nnecessary, convenient or desirable for the operation of a transportation\nfacility.\n 6. "Federal government" shall mean the United States of America, and\nany officer, department, board, commission, bureau, division,\ncorporation, agency or instrumentality thereof.\n 7. "Gap" shall mean the difference between projected revenues and\nexpenses for any given fiscal year based on the existing fare structure.\n 8. "Gap-closing initiative" shall mean any action to reduce a\nprojected gap.\n 9. "Governor" shall mean the governor of the state of New York.\n 10. "Joint service arrangements" shall mean agreements between or\namong the authority and any common carrier or freight forwarder, the\nstate, any state agency, the federal government, any other state or\nagency or instrumentality thereof, any public authority of this or any\nother state, or any political subdivision or municipality of the state,\nrelating to property, buildings, structures, facilities, services,\nrates, fares, classifications, divisions, allowances or charges\n(including charges between operators of railroad, omnibus, marine and\naviation facilities), or rules or regulations pertaining thereto, for or\nin connection with or incidental to transportation in part in or upon\nrailroad, omnibus, marine or aviation facilities located within the\ndistrict and in part in or upon railroad, omnibus, marine or aviation\nfacilities located outside the district.\n 11. "Marine and aviation facilities" shall mean equipment and craft\nfor the transportation of passengers, mail and cargo between points\nwithin the district or pursuant to joint service arrangements, by marine\ncraft and aircraft of all types including but not limited to hydrofoils,\nferries, lighters, tugs, barges, helicopters, amphibians, seaplanes or\nother contrivances now or hereafter used in navigation or movement on\nwaterways or in the navigation of or flight in airspace. It shall also\nmean any marine port or airport facility within the transportation\ndistrict but outside the port of New York district as defined in chapter\none hundred fifty-four of the laws of nineteen hundred twenty-one,\nincluding but not limited to terminals, docks, piers, bulkheads, ramps\nor any facility or real property necessary, convenient or desirable for\nthe accommodation of passengers and cargo or the docking, sailing,\nlanding, taking off, accommodation or servicing of such marine craft or\naircraft.\n 12. "Omnibus facilities" shall mean motor vehicles, of the type\noperated by carriers subject to the jurisdiction of the public service\ncommission, engaged in the transportation of passengers and their\nbaggage, express and mail between points within the district or pursuant\nto joint service arrangements, and equipment, property, buildings,\nstructures, improvements, loading or unloading areas, parking areas or\nother facilities, necessary, convenient or desirable for the\naccommodation of such motor vehicles or their passengers, including but\nnot limited to buildings, structures and areas notwithstanding that\nportions may not be devoted to any omnibus purpose other than the\nproduction of revenues available for the costs and expenses of all or\nany facilities of the authority.\n 13. "Railroad facilities" shall mean right of way and related\ntrackage, rails, cars, locomotives, other rolling stock, signal, power,\nfuel, communication and ventilation systems, power plants, stations,\nterminals, storage yards, repair and maintenance shops, yards, equipment\nand parts, offices and other real estate or personalty used or held for\nor incidental to the operation, rehabilitation or improvement of any\nrailroad operating or to operate between points within the district or\npursuant to joint service arrangements, including but not limited to\nbuildings, structures, and areas notwithstanding that portions thereof\nmay not be devoted to any railroad purpose other than the production of\nrevenues available for the costs and expenses of all or any facilities\nof the authority.\n 14. "Real property" shall mean lands, structures, franchises and\ninterests in land, waters, lands under water, riparian rights and air\nrights and any and all things and rights included within said term and\nincludes not only fees simple absolute but also any and all lesser\ninterests including but not limited to easements, rights of way, uses,\nleases, licenses and all other incorporeal hereditaments and every\nestate, interest or right, legal or equitable, including terms for years\nand liens thereon by way of judgments, mortgages or otherwise.\n 15. "State" shall mean the state of New York.\n 16. "State agency" shall mean any officer, department, board,\ncommissioner, bureau, division, public benefit corporation, agency or\ninstrumentality of the state.\n 17. "Transportation facility" shall mean any transit, railroad,\nomnibus, marine or aviation facility and any person, firm, partnership,\nassociation or, corporation which owns, leases or operates any such\nfacility or any other facility used for service in the transportation of\npassengers, United States mail or personal property as a common carrier\nfor hire and any portion thereof and the rights, leaseholds or other\ninterest therein together with routes, tracks, extensions, connections,\nparking lots, garages, warehouses, yards, storage yards, maintenance and\nrepair shops, terminals, stations and other related facilities thereof,\nthe devices, appurtenances, and equipment thereof and power plants and\nother instrumentalities used or useful therefor or in connection\ntherewith.\n 18. "Transportation district" and "district" shall mean the\nmetropolitan commuter transportation district created by section twelve\nhundred sixty-two of this title.\n 18-a. "Transportation purpose" shall mean a purpose that directly\nsupports the missions or purposes of the authority, any of its\nsubsidiaries, New York city transit authority or its subsidiary,\nincluding the realization of revenues derived from property that is, or\nis to be used as, a transportation facility.\n 19. "New York city transit authority" shall mean the corporation\ncreated by section twelve hundred one of this chapter.\n 20. "Triborough bridge and tunnel authority" shall mean the\ncorporation created by section five hundred fifty-two of this chapter.\n 21. "Inspector general" shall mean the metropolitan transportation\nauthority inspector general.\n 22. "Revenues." All monies received by the authority or its\nsubsidiaries, or New York city transit authority or its subsidiaries, or\nTriborough bridge and tunnel authority, as the case may be, from\nwhatever source, derived directly or indirectly from or in connection\nwith the operations of the respective entity.\n 23. "Transit facility." Transit facility as defined in subdivision\nfifteen of section twelve hundred of this article.\n 24. "Utilization" shall mean public usage of the subway, bus, railroad\nand paratransit services, and bridge and tunnel crossings, of the\nauthority and its affiliates and subsidiaries as reflected in empirical\ndata.\n