2023 New York Laws › TRA - Transportation › Article 5 - The Powers of the Commissioner in Respect to Common Carriers › 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.