§ 138. General powers of commissioner. The commissioner or a\ndesignated employee shall have the following functions, powers and\nduties:\n 1. To regulate motor carriers by establishing reasonable requirements\nwith respect to continuous and adequate service, and by establishing\nreasonable requirements with respect to uniform systems of accounts,\nrecords, reports, preservation of records and safety of operation and\nequipment.\n 2. To administer, execute and enforce all provisions of this chapter;\nto make all necessary orders in connection therewith; to prescribe\nrules, regulations and procedures for such administration; to issue\ncertificates and permits to motor carriers and to attach to any such\ncertificate or permit issued, either at time of issuance or at any time\nthereafter, any reasonable terms, conditions and limitations as shall be\nconsistent with the public interest.\n 3. To investigate all motor carriers and keep informed as to the\nmanner in which their property is operated, not only with respect to the\nadequacy, security, safety and accommodation afforded by their service\nbut also with respect to their compliance with all provisions of law,\nregulations and orders of the commissioner and to issue such orders in\nconnection therewith as may be required in the public interest.\n 4. To compel by subpoena duces tecum the production of any accounts,\nbooks, contracts, records, documents, memoranda and papers.\n 5. To subpoena witnesses, take testimony and administer oaths to\nwitnesses in any proceeding or examination instituted or conducted in\nreference to any matter under this chapter.\n 6. To establish reasonable classifications or groups of carriers\nincluded in the term motor carrier as the special nature of the services\nperformed by such motor carriers or groups of motor carriers shall\nrequire and to establish reasonable rules, regulations and requirements\nto be observed by the motor carriers so classified or grouped.\n 7. To investigate the cause of all accidents resulting in loss of life\nor injury to persons or property, which in the commissioner's judgment\nshall require investigation.\n 8. Except as provided in sections one hundred fifty-three and one\nhundred fifty-four of this chapter, to fix and approve the route or\nroutes of any bus line, except bus lines operating wholly within any\ncity having jurisdiction pursuant to subdivision four of section eighty\nof this chapter, and from time to time either upon application of the\nbus company, or upon complaint, or upon the commissioner's own\ninitiative and without complaint, but upon reasonable notice, to modify\nand amend the route or routes of any such bus company. No such bus\ncompany shall operate a bus line or bus lines upon any highway, avenue\nor street in the state except along a route as fixed and approved by the\ncommissioner, except that in case of street repairs, parades or other\ntemporary obstruction of the highway, the bus company may use during the\nperiod of such emergency, another route as close as practicable to the\noriginal route. The use of such alternate route during the period of\nsuch emergency shall be lawful unless otherwise ordered by the\ncommissioner. Notice of a proposed change in route or routes shall be\ngiven to each county and each city, town or village into or through\nwhich a proposed route is to pass.\n
N.Y. Transp. Law § 138
General powers of commissioner
Showing this section's text as in effect on January 1, 2015 (in force January 1, 2015 – January 1, 2020). View current text →
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.