§ 115 — General powers and duties of commissioner in respect to common carriers

New York § 115

• Jurisdiction: New York
• Law TRA: Transportation
• Art. 5: The Powers of the Commissioner In Respect to Common Carriers

Text

§ 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\nto administer oaths in all parts of the state whenever the exercise of\nsuch power is incidentally necessary or proper to enable the\ncommissioner to perform a duty or to exercise a power. An officer or\nemployee of the department specially authorized to conduct an\ninvestigation or hearing shall have power to administer oaths to\nwitnesses subpoenaed to testify before him.\n 2. (a) The commissioner shall have the general supervision of all\ncommon carriers subject to his jurisdiction as hereinbefore defined, and\nshall have power to and shall examine the same and keep informed as to\ntheir general condition, their capitalization, their franchises and the\nmanner in which their lines and property, owned, leased, controlled or\noperated, are managed, conducted and operated, not only with respect to\nthe adequacy, security and accommodation afforded by their service, but\nalso with respect to their compliance with all provisions of law, orders\nof the commissioner and charter requirements. The commissioner, or\nresponsible engineers or inspectors duly authorized by him, shall have\npower to enter in or upon and to inspect the property, equipment,\nbuildings, plants, factories, power-houses and offices of any of such\ncompanies or persons, including the right for such inspection purpose to\nride upon any freight locomotive or train or any passenger locomotive or\ntrain while in service; and to have upon reasonable notice the use of an\ninspection locomotive or special locomotive and inspection car for a\nphysical inspection once annually of all the lines and stations of each\ncommon carrier under his supervision; and to the extent that such\nfacilities for inspection involve transportation the commissioner and\neach such employee shall pay the published one-way fare established by\nthe common carrier for the transportation of persons by regular\npassenger trains over the distance covered by such inspection. The cost\nof such transportation, if the commissioner so elects, may be paid upon\nbill rendered to the commissioner after the transportation has been\nfurnished and the amount thereof ascertained. The commissioner shall\nalso have general powers and authority with respect to the abatement\nexcept by change of motive power of all nuisances arising outside the\ncorporate limits of a city from the generation of smoke, soot, or\ncinders, incident to the operation of such railroads, and railroad\ncompanies.\n (b) The commissioner shall promulgate rules and regulations relating\nto railroad electric power substations which shall provide for safe\ningress to and egress from such substations with relation to surrounding\nareas. Such rules and regulations shall also establish safety guidelines\nwhich when implemented will assure that such substations will be\nmaintained under conditions of reasonable security and optimum safety\nnot only for persons authorized for ingress to such substations but also\nfor persons unauthorized for such ingress.\n 3. The commissioner or officer or employee specially authorized to\nconduct an investigation or hearing shall have power to examine all\nbooks, contracts, records, documents and papers of any person or\ncorporation subject to his supervision, and by subpoena duces tecum to\ncompel production thereof. In lieu of requiring production of originals\nby subpoena duces tecum, the commissioner may require sworn copies of\nany such books, records, contracts, documents and papers or parts\nthereof to be filed with him.\n