§ 120 — Power of commissioner to order repairs or changes

§ 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 any\ncommon carrier in or in connection with the transportation of passengers\nor property ought reasonably to be provided or any repairs or\nimprovements to or changes in any thereof in use ought reasonably to be\nmade, or any additions to changes in construction should reasonably be\nmade thereto in order to promote the security or convenience of the\npublic or employees, or in order to secure adequate service or\nfacilities for the transportation of passengers or property, or to\novercome or to minimize except by change of motive power nuisances of\nsmoke, soot, or cinders, arising from the operation outside the\ncorporate limits of a city of such common carrier, such changes or\nadditions in equipment not to be in conflict with any federal statute or\nregulation, the commissioner shall, after a hearing either on his own\nmotion or after complaint, make and serve an order directing such\nrepairs, improvements, changes or additions to be made within a\nreasonable time and in a manner to be specified therein, and every\ncommon carrier shall make all repairs, improvements, changes and\nadditions required of it by any order of the commissioner served upon\nit. If any repairs, improvements, changes or additions which the\ncommissioner has determined to order require joint action by two or more\nof said carriers, the commissioner shall, before entry and service of\norder, notify the said carriers that such repairs, improvements, changes\nor additions will be required and that the same shall be made at their\njoint cost, and thereupon the said carriers shall have thirty days or\nsuch longer time as the commissioner may grant within which to agree\nupon the part or division of cost of such repairs, improvements, changes\nor additions which each shall bear. If at the expiration of such time\nsuch carriers shall fail to file with the commissioner a statement that\nan agreement has been made for a division or apportionment of such\nrepairs, improvements, changes or additions the commissioner shall have\nauthority, after further hearing, to fix in his order the proportion of\nsuch cost or expense to be borne by each such company and the manner in\nwhich the same shall be paid and secured. But this section shall not be\nconstrued to authorize the commissioner to require two or more railroad\ncompanies to unite in the erection of a union station.\n