N.Y. Transportation Law § 120: Power of commissioner to order repairs or changes

§ 120. Power of commissioner to order repairs or changes. If in the

judgment of the commissioner, additional tracks, switches, terminals or

terminal facilities, stations, motive power, or any other property,

construction, apparatus, equipment, facilities or device for use by any

common carrier in or in connection with the transportation of passengers

or property ought reasonably to be provided or any repairs or

improvements to or changes in any thereof in use ought reasonably to be

made, or any additions to changes in construction should reasonably be

made thereto in order to promote the security or convenience of the

public or employees, or in order to secure adequate service or

facilities for the transportation of passengers or property, or to

overcome or to minimize except by change of motive power nuisances of

smoke, soot, or cinders, arising from the operation outside the

corporate limits of a city of such common carrier, such changes or

additions in equipment not to be in conflict with any federal statute or

regulation, the commissioner shall, after a hearing either on his own

motion or after complaint, make and serve an order directing such

repairs, improvements, changes or additions to be made within a

reasonable time and in a manner to be specified therein, and every

common carrier shall make all repairs, improvements, changes and

additions required of it by any order of the commissioner served upon

it. If any repairs, improvements, changes or additions which the

commissioner has determined to order require joint action by two or more

of said carriers, the commissioner shall, before entry and service of

order, notify the said carriers that such repairs, improvements, changes

or additions will be required and that the same shall be made at their

joint cost, and thereupon the said carriers shall have thirty days or

such longer time as the commissioner may grant within which to agree

upon the part or division of cost of such repairs, improvements, changes

or additions which each shall bear. If at the expiration of such time

such carriers shall fail to file with the commissioner a statement that

an agreement has been made for a division or apportionment of such

repairs, improvements, changes or additions the commissioner shall have

authority, after further hearing, to fix in his order the proportion of

such cost or expense to be borne by each such company and the manner in

which the same shall be paid and secured. But this section shall not be

construed to authorize the commissioner to require two or more railroad

companies to unite in the erection of a union station.