NY Transp L § 2 (2021)
2021 New York Laws TRA - Transportation Article 1 - Short Title; Definitions 2 - Definitions.

§ 2. Definitions.  Whenever  used  in this chapter, unless a different meaning clearly appears from the context the terms:   1.  "Baggage  company"  means  a  person  engaged  under  contract  or agreement  with  a  railroad  company  or street railroad company in the checking of baggage, or  in  the  collection  and  delivery  of  baggage between  railroad  stations,  or  between  railroad stations and hotels, residences, business places or steamer docks.   2. "Bus company" means a person, or  a  lessee,  trustee  or  receiver appointed  by  any  court  whatsoever,  owning, leasing, or operating or proposing to own, lease or operate a bus line.   3. "Bus line" is a sub-classification of common carrier of  passengers by  motor  vehicle  that is usually characterized by the use of vehicles having a seating capacity of greater than twenty passengers; by multiple pickup  and  discharge  points  along  designated  routes;  and  by   no prearrangements or reservations by passengers.   4.  "Certificate"  means operating authority issued under this chapter to common carriers of passengers by motor vehicle,  common  carriers  of property  by  motor  vehicle  and  common carriers of household goods by motor vehicle.   4-a. "Commercial motor vehicle"  means  any  self-propelled  or  towed motor   vehicle   used   on  a  highway  in  intrastate,  interstate  or international commerce to transport  passengers  or  property  when  the vehicle  (a)  has  a  gross  vehicle  weight rating or gross combination weight of ten thousand one pounds or more, whichever is greater; or  (b) is  designed  or  used to transport more than eight passengers including the driver for compensation; or (c) is designed  or  used  to  transport more  than  fifteen  passengers  including the driver and is not used to transport passengers for compensation; or (d) is  used  in  transporting material  found  by  the United States secretary of transportation to be hazardous under section 5103 of title 49 of the United States  code  and transported   in  a  quantity  requiring  placarding  under  regulations prescribed by such secretary under subtitle B, chapter I,  subchapter  C of title 49 of the code of federal regulations.   5. "Commissioner" means the state commissioner of transportation.   6. "Common carrier" means a railroad company, street railroad company, express  company,  car  company,  sleeping-car company, freight company, freight line company, baggage  company,  transfer  company,  carrier  by water,  person or the lessee, trustee or receiver appointed by any court whatsoever, owning, operating or managing any such agency for public use in the conveyance of persons or property within this state other than by use of ski tows and other passenger tramways operated  at  ski  centers. The  term  shall  not  include  an  express  company, baggage company or transfer company unless it is operated wholly or  in  part  upon  or  in connection  with  a  railroad  or street railroad or a municipally owned ferry or ferry company operating under a lease from a city or a  carrier by  water  except  where  it is engaged or may be required to be engaged with a carrier by  railroad  in  the  transportation  of  passengers  or property over a through route partly by water and partly by railroad for a continuous carriage or shipment between points in this state.   7.  "Common  carrier  of passengers by motor vehicle" means any person that  transports  passengers  by  motor  vehicle  for  compensation   by providing  service  for  the  general public on an individual fare basis over regular or irregular routes. It shall include a bus line as defined by subdivision three of this section.   8. "Common carrier of property by motor vehicle" means any person that transports property by motor vehicle for compensation  for  the  general public.    9.  "Contract carrier of passengers by motor vehicle" means any person that  transports  passengers  by  motor  vehicle  for  compensation,  in chartered  party or special party service, or by providing service under a continuing agreement calling for the exclusive use of  vehicles  by  a person or persons.   10.  "Contract  carrier of property by motor vehicle" means any person that transports property by motor vehicle for compensation under special and individual continuing contracts or arrangements with one person or a limited number of persons for  an  extended  period  of  time,  or  that provides  services  in  addition to transportation services that are not normally made available or provided by common carriers of property.   11.  "Corporation"  means  and  includes   a   corporation,   company, association and joint-stock association.   12. "Department" means the state department of transportation.   13.  "Governing body" means the local legislative body as such term is defined in subdivision seven of section two of the municipal  home  rule law.   14.   "Highway"   means   a  highway,  road,  street,  alley,  avenue, thoroughfare, bridge or public driveway which is opened  to  the  public and  publicly maintained, whether by the state or a subdivision thereof, or by a public authority.   15. "Household goods" means:  (a) personal effects and property used or to be  used  in  a  dwelling when  a  part of the equipment or supply of such dwelling and such other similar property as the commissioner may provide by  regulation;  except that  this  paragraph  shall not be construed to include property moving from a factory or store, except such property  as  the  householder  has purchased  with  intent  to  use  in  his  or  her dwelling and which is transported at the request of, and the transportation  charges  paid  to the carrier by, the householder;  (b)  furniture,  fixtures,  equipment,  and  the  property  of stores, offices, museums, institutions, hospitals or other establishments when a part of the  stock,  equipment,  or  supply  of  such  stores,  offices, museums, institutions, hospitals, or other establishments and such other similar  property  as the commissioner may provide by regulation; except that this paragraph shall not be construed to include the stock-in-trade of any establishment, whether consignor or consignee,  other  than  used furniture  and  used  fixtures, except when transported as incidental to moving of the establishment, or a portion thereof, from one location  to another; and  (c)  articles, including objects of art, displays, and exhibits, which because of  their  unusual  nature  or  value  require  the  specialized handling  and  equipment  usually employed in moving household goods and such  other  similar  articles  as  the  commissioner  may  provide   by regulation; except that this paragraph shall not be construed to include any  article, whether crated or uncrated, which does not, because of its unusual nature or value, require the specialized handling and  equipment usually employed in moving household goods.   16. "Infant" or "minor" means a person who has not attained the age of eighteen years.   17.   "Motor   carrier"  includes  common  and  contract  carriers  of passengers by motor vehicle, common and contract carriers of property by motor vehicle, and common carriers of household goods by motor  vehicle. Any  reference in article six, seven, eight or nine of this chapter to a "common carrier", "contract  carrier",  "common  carrier  of  property", "contract  carrier  of  property",  "common  carrier  of passengers", or "contract carrier of passengers" shall be deemed to mean  such  type  of carrier by motor vehicle.    18.  "Motor  vehicle"  means  a  vehicle, machine, bus, tractor, truck trailer or semi-trailer, propelled or drawn by mechanical power and used upon the highways in the transportation of property or  passengers,  but does  not  include any locomotive or car operated exclusively on a rail, rails or track.   19.  "Municipal  corporation"  or "municipality" means a county, city, village  or  town;  except  that  in  articles  three,  four  and  five, subdivision  three  of  section  one hundred seventy-one and section one hundred ninety of this chapter, a "municipality"  shall  not  include  a county.   20.  "Non-profit  car  pools"  means the prearranged transportation of passengers by motor vehicle to and from their  place  of  employment  or other destination, where moneys paid to the motor vehicle owner are only for  a  recovery  of some or all of the expenses related directly to the transporting of the passengers, including  tolls,  fuel,  insurance  and depreciation,  provided that the operator of such vehicle does not drive the motor vehicle for profit.   21. "Permit" means operating authority issued under  this  chapter  to contract  carriers  of passengers by motor vehicle and contract carriers of property by motor vehicle.   22. "Person" means and includes an  individual,  firm,  copartnership, association or corporation.   23.  "Private  carriage"  means  the  transportation  of property by a person other than a motor carrier when such person is the owner,  lessee or bailee of the property being transported and when such transportation is for the purpose of sale, lease, rent or bailment.   23-a. "Private carrier of passenger by motor vehicle" means any person that transports passengers by commercial motor vehicle which is provided in  the  furtherance  of  a  commercial  enterprise and which is not for compensation and is not available to the public at large, in intrastate, interstate or international commerce.   23-b.  "Private  motor  carrier"  means  any   person   who   provides transportation of property or passengers by commercial motor vehicle for a business purpose and is not a common or contract carrier of passengers or property by motor vehicle.   24.  "Railroad"  means  a  railroad,  other  than  a  street railroad, operated for public use in the conveyance of  persons  or  property  for compensation,  with  all bridges, ferries, tunnels, equipment, switches, spurs, tracks, stations and terminal facilities used, operated or  owned by or in connection therewith.   25.  "Railroad  company"  means  a  person,  or  a  lessee, trustee or receiver  appointed  by  any  court  whatsoever,  owning,  operating  or managing  any  railroad  or  cars  or other equipment used thereon or in connection therewith.   26. "School" means every place of academic,  vocational  or  religious service  or  instruction for persons under the age of twenty-one, except places of higher education. It shall include every  child  care  center; every institution for the care or training of the mentally or physically handicapped; and every day camp.   27.  "Services  and  transportation  provided by a contract carrier of passengers by motor vehicle" means and includes  all  vehicles  operated by,  for or in the interest of such carrier irrespective of ownership or of contract, express  or  implied,  together  with  all  facilities  and property  operated  or  controlled  by  such  carrier  and  used  in the transportation of passengers or in the performance  of  any  service  in connection therewith.    28.  "Shipment"  means  a  lot of freight tendered to a carrier by one consignor at one place at one time for delivery to one consignee at  one place on one bill of lading.   29.  "Street railroad" means a railroad by whatever power operated, or an extension or branch thereof, for public  use  in  the  conveyance  of persons or property for compensation, being mainly upon, along, above or below  any  highway,  including  all equipment, switches, spurs, tracks, right of trackage, subways, tunnels, stations,  terminals  and  terminal facilities  used,  operated  or owned by or in connection therewith, but shall not include a railroad constituting or used as  part  of  a  trunk line railroad system.   30.  "Street railroad company" means a person, or a lessee, trustee or receiver  appointed  by  any  court  whatsoever,  owning,  operating  or managing  any street railroad or cars or other equipment used thereon or in connection therewith.   31. "Tank motor vehicle" means a motor truck, trailer or  semi-trailer respectively,  used for the transportation of liquids, and provided with a tank or tanks therefor which are mounted on the frame  or  chassis  or are an integral part of such vehicle.   31-a.  "Telecommuting"  shall  mean the conservation of energy through the reduction of travel by employees of the department to and from their designated workplace through the use of telecommunication  and  computer technology  in tasks including, but not limited to, information transfer and processing.   32. "Transfer company"  means  a  person  engaged  under  contract  or agreement  with  a  railroad  company  or street railroad company in the transfer of passengers or property between railroad stations, or between railroad stations and hotels, residences,  business  places  or  steamer docks.   33.  "Transportation  of  property" includes any service in connection with  the  receiving,  delivery,   elevation,   transfer   in   transit, ventilation,  refrigeration, icing, storage and handling of the property transported.   34. "Utility company" or "public utility company"  is  used  to  avoid repetitions  in a provision applying to one or more persons operating an agency or agencies for public service,  and  who  or  which  is  or  are subject  to  the jurisdiction, supervision and regulations prescribed by or pursuant to this chapter; such term being so used only as  a  general term descriptive of such a person.   35.  "Van  service"  is  a  sub-classification  of  common  carrier of passengers by motor vehicle  that  provides  service  on  a  prearranged regular  daily  basis between a zone in a residential neighborhood and a location which shall be a work related central location, a mass  transit or  mass  transportation  facility,  a  shopping  center or recreational facility, but shall not include service to  or  from  an  airport.  Such service is usually characterized by the use of vehicles having a seating capacity of twenty passengers or less. Provided, however, that if a city with  a  population  of over one million adopts a local law or ordinance pursuant to subdivision five of section eighty of this chapter, the term "van service" as it applies to van service in such  city  shall  include service that otherwise meets the requirements of this subdivision but is service to or from an airport.