2023 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.