N.Y. Transportation Law § 115: General powers and duties of commissioner in respect to common carriers

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

carriers. 1. The commissioner shall have power and authority to

administer oaths, in all parts of the state, to witnesses summoned to

testify in any inquiry, investigation, hearing or proceedings; and also

to administer oaths in all parts of the state whenever the exercise of

such power is incidentally necessary or proper to enable the

commissioner to perform a duty or to exercise a power. An officer or

employee of the department specially authorized to conduct an

investigation or hearing shall have power to administer oaths to

witnesses subpoenaed to testify before him.

2. (a) The commissioner shall have the general supervision of all

common carriers subject to his jurisdiction as hereinbefore defined, and

shall have power to and shall examine the same and keep informed as to

their general condition, their capitalization, their franchises and the

manner in which their lines and property, owned, leased, controlled or

operated, are managed, conducted and operated, not only with respect to

the adequacy, security and accommodation afforded by their service, but

also with respect to their compliance with all provisions of law, orders

of the commissioner and charter requirements. The commissioner, or

responsible engineers or inspectors duly authorized by him, shall have

power to enter in or upon and to inspect the property, equipment,

buildings, plants, factories, power-houses and offices of any of such

companies or persons, including the right for such inspection purpose to

ride upon any freight locomotive or train or any passenger locomotive or

train while in service; and to have upon reasonable notice the use of an

inspection locomotive or special locomotive and inspection car for a

physical inspection once annually of all the lines and stations of each

common carrier under his supervision; and to the extent that such

facilities for inspection involve transportation the commissioner and

each such employee shall pay the published one-way fare established by

the common carrier for the transportation of persons by regular

passenger trains over the distance covered by such inspection. The cost

of such transportation, if the commissioner so elects, may be paid upon

bill rendered to the commissioner after the transportation has been

furnished and the amount thereof ascertained. The commissioner shall

also have general powers and authority with respect to the abatement

except by change of motive power of all nuisances arising outside the

corporate limits of a city from the generation of smoke, soot, or

cinders, incident to the operation of such railroads, and railroad

companies.

(b) The commissioner shall promulgate rules and regulations relating

to railroad electric power substations which shall provide for safe

ingress to and egress from such substations with relation to surrounding

areas. Such rules and regulations shall also establish safety guidelines

which when implemented will assure that such substations will be

maintained under conditions of reasonable security and optimum safety

not only for persons authorized for ingress to such substations but also

for persons unauthorized for such ingress.

3. The commissioner or officer or employee specially authorized to

conduct an investigation or hearing shall have power to examine all

books, contracts, records, documents and papers of any person or

corporation subject to his supervision, and by subpoena duces tecum to

compel production thereof. In lieu of requiring production of originals

by subpoena duces tecum, the commissioner may require sworn copies of

any such books, records, contracts, documents and papers or parts

thereof to be filed with him.