N.Y. Transportation Law § 121: Substitution of motor vehicles or trackless trolleys for cars on tracks; supplemental or extended operation

§ 121. Substitution of motor vehicles or trackless trolleys for cars

on tracks; supplemental or extended operation. 1. Whenever the

commissioner shall find, after a hearing, had upon the application of

any street railroad company or railroad company, that the public

interest will be served by the operation of stages, buses, motor

vehicles or vehicles known as trackless trolleys, as such trackless

trolleys are defined in the vehicle and traffic law, wholly or partly in

place of or supplemental to cars or trains upon tracks, on any portion

of the route of such railroad, the commissioner may make an order

authorizing such whole or partial substitution or such supplemental

operation, and thereupon such company shall have the power and privilege

and shall be authorized to operate stages, buses, motor vehicles, or

trackless trolleys on such portion of its route and if such operation be

by trackless trolleys to install and maintain all necessary additional

wires paralleling its existing trolley wires on such portion of its

route and such other wires and appurtenances as may be necessary for

such operation. Such an application or such an order, however, shall not

be made unless the local authorities of each city, village or town in

which the portion of the route affected is located shall have consented

to such substitution or such supplemental operation, by resolution, a

certified copy of which shall be presented with the application, which

consent may contain such terms and conditions as such local authorities

may deem to the best interest of any such city, town or village, and

which terms and conditions so contained in such consent may include

limitation, reduction or shortening of the period of any franchise or

consent under which such street railroad company or railroad company is

operating, and also may include, anything in any charter, general,

special or local law to the contrary notwithstanding, changes in and

modification of the terms and provisions of any franchise or consent

under which such street railroad company or railroad company is

operating, and of any obligation of such street railroad company or

railroad company to any such city, village or town under any such

franchise or consent or under any statute, provided, however, that such

changes and modifications shall not extend or lengthen the duration of

such franchise or consent. If any such portion of the route within a

town shall be wholly within an incorporated village, the consent of the

board of trustees shall be sufficient, and the consent of the town board

shall not be required. If such consent shall require the abandonment of

a route or any portion thereof the application to the commissioner shall

comply with the provisions of section one hundred eighty-four of the

railroad law, and shall require the separate approval by the

commissioner of such abandonment. The commissioner may also make an

order authorizing any street railroad company or railroad company to

operate stages, buses, motor vehicles or trackless trolleys upon

streets, highways and public places not included in but forming a route

or routes or portion of a route connecting with any part of the route of

such railroad or forming deviations or detours therefrom or in

connection therewith, provided such company obtains the consent or

consents of the local authorities, which consent may be given in like

manner and to the same extent as hereinabove provided in respect of the

substitution of stages, buses, motor vehicles or vehicles known as

trackless trolleys wholly or partly in place of or supplemental to cars

or trains upon tracks.

2. Wherever the commissioner has made an order authorizing a

substitution as provided in subdivision one, and such substitution is

made, the commissioner may on further application by the street railroad

company or railroad company, such application to be made in the same

manner and subject to the same conditions as provided in subdivision

one, revoke such order in whole or in part and make a new order

authorizing the operation of stages, buses, motor vehicles or trackless

trolleys.