Section 120. Power of commissioner to order repairs or changes  


Latest version.
  • 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.