Section 121. Substitution of motor vehicles or trackless trolleys for cars on tracks; supplemental or extended operation  


Latest version.
  • 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.