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138 - General Powers of Commissioner.

NY Transp L § 138 (2019) (N/A)
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§ 138. General powers of commissioner. The commissioner or a designated employee shall have the following functions, powers and duties:

1. To regulate motor carriers by establishing reasonable requirements with respect to continuous and adequate service, and by establishing reasonable requirements with respect to uniform systems of accounts, records, reports, preservation of records and safety of operation and equipment.

2. To administer, execute and enforce all provisions of this chapter; to make all necessary orders in connection therewith; to prescribe rules, regulations and procedures for such administration; to issue certificates and permits to motor carriers and to attach to any such certificate or permit issued, either at time of issuance or at any time thereafter, any reasonable terms, conditions and limitations as shall be consistent with the public interest.

3. To investigate all motor carriers and keep informed as to the manner in which their property is operated, not only with respect to the adequacy, security, safety and accommodation afforded by their service but also with respect to their compliance with all provisions of law, regulations and orders of the commissioner and to issue such orders in connection therewith as may be required in the public interest.

4. To compel by subpoena duces tecum the production of any accounts, books, contracts, records, documents, memoranda and papers.

5. To subpoena witnesses, take testimony and administer oaths to witnesses in any proceeding or examination instituted or conducted in reference to any matter under this chapter.

6. To establish reasonable classifications or groups of carriers included in the term motor carrier as the special nature of the services performed by such motor carriers or groups of motor carriers shall require and to establish reasonable rules, regulations and requirements to be observed by the motor carriers so classified or grouped.

7. To investigate the cause of all accidents resulting in loss of life or injury to persons or property, which in the commissioner's judgment shall require investigation.

8. Except as provided in sections one hundred fifty-three and one hundred fifty-four of this chapter, to fix and approve the route or routes of any bus line, except bus lines operating wholly within any city having jurisdiction pursuant to subdivision four of section eighty of this chapter, and from time to time either upon application of the bus company, or upon complaint, or upon the commissioner's own initiative and without complaint, but upon reasonable notice, to modify and amend the route or routes of any such bus company. No such bus company shall operate a bus line or bus lines upon any highway, avenue or street in the state except along a route as fixed and approved by the commissioner, except that in case of street repairs, parades or other temporary obstruction of the highway, the bus company may use during the period of such emergency, another route as close as practicable to the original route. The use of such alternate route during the period of such emergency shall be lawful unless otherwise ordered by the commissioner. Notice of a proposed change in route or routes shall be given to each county and each city, town or village into or through which a proposed route is to pass.

9. To maintain and update its website to provide information with regard to each bus operator under subparagraphs (ii) and (vi) of paragraph a of subdivision two of section one hundred forty of this chapter requiring department operating authority that includes the bus operator's name, number of inspections, number of out of service orders, operator identification number, location and region of operation including place of address, percentile to which a motor carrier falls with respect to out of service defects, and the number of serious physical injury or fatal crashes involving a for-hire vehicle requiring operating authority pursuant to this article.

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138 - General Powers of Commissioner.