§ 121. Substitution of motor vehicles or trackless trolleys for cars\non tracks; supplemental or extended operation.
1.Whenever the\ncommissioner shall find, after a hearing, had upon the application of\nany street railroad company or railroad company, that the public\ninterest will be served by the operation of stages, buses, motor\nvehicles or vehicles known as trackless trolleys, as such trackless\ntrolleys are defined in the vehicle and traffic law, wholly or partly in\nplace of or supplemental to cars or trains upon tracks, on any portion\nof the route of such railroad, the commissioner may make an order\nauthorizing such whole or partial substitution or such supplemental\noperation, and thereupon such company shall have the power and privilege\nand shall be authorized to operate s
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§ 121. Substitution of motor vehicles or trackless trolleys for cars\non tracks; supplemental or extended operation. 1. Whenever the\ncommissioner shall find, after a hearing, had upon the application of\nany street railroad company or railroad company, that the public\ninterest will be served by the operation of stages, buses, motor\nvehicles or vehicles known as trackless trolleys, as such trackless\ntrolleys are defined in the vehicle and traffic law, wholly or partly in\nplace of or supplemental to cars or trains upon tracks, on any portion\nof the route of such railroad, the commissioner may make an order\nauthorizing such whole or partial substitution or such supplemental\noperation, and thereupon such company shall have the power and privilege\nand shall be authorized to operate stages, buses, motor vehicles, or\ntrackless trolleys on such portion of its route and if such operation be\nby trackless trolleys to install and maintain all necessary additional\nwires paralleling its existing trolley wires on such portion of its\nroute and such other wires and appurtenances as may be necessary for\nsuch operation. Such an application or such an order, however, shall not\nbe made unless the local authorities of each city, village or town in\nwhich the portion of the route affected is located shall have consented\nto such substitution or such supplemental operation, by resolution, a\ncertified copy of which shall be presented with the application, which\nconsent may contain such terms and conditions as such local authorities\nmay deem to the best interest of any such city, town or village, and\nwhich terms and conditions so contained in such consent may include\nlimitation, reduction or shortening of the period of any franchise or\nconsent under which such street railroad company or railroad company is\noperating, and also may include, anything in any charter, general,\nspecial or local law to the contrary notwithstanding, changes in and\nmodification of the terms and provisions of any franchise or consent\nunder which such street railroad company or railroad company is\noperating, and of any obligation of such street railroad company or\nrailroad company to any such city, village or town under any such\nfranchise or consent or under any statute, provided, however, that such\nchanges and modifications shall not extend or lengthen the duration of\nsuch franchise or consent. If any such portion of the route within a\ntown shall be wholly within an incorporated village, the consent of the\nboard of trustees shall be sufficient, and the consent of the town board\nshall not be required. If such consent shall require the abandonment of\na route or any portion thereof the application to the commissioner shall\ncomply with the provisions of section one hundred eighty-four of the\nrailroad law, and shall require the separate approval by the\ncommissioner of such abandonment. The commissioner may also make an\norder authorizing any street railroad company or railroad company to\noperate stages, buses, motor vehicles or trackless trolleys upon\nstreets, highways and public places not included in but forming a route\nor routes or portion of a route connecting with any part of the route of\nsuch railroad or forming deviations or detours therefrom or in\nconnection therewith, provided such company obtains the consent or\nconsents of the local authorities, which consent may be given in like\nmanner and to the same extent as hereinabove provided in respect of the\nsubstitution of stages, buses, motor vehicles or vehicles known as\ntrackless trolleys wholly or partly in place of or supplemental to cars\nor trains upon tracks.\n 2. Wherever the commissioner has made an order authorizing a\nsubstitution as provided in subdivision one, and such substitution is\nmade, the commissioner may on further application by the street railroad\ncompany or railroad company, such application to be made in the same\nmanner and subject to the same conditions as provided in subdivision\none, revoke such order in whole or in part and make a new order\nauthorizing the operation of stages, buses, motor vehicles or trackless\ntrolleys.\n