New York Transportation Code § 80

Jurisdiction of commissioner
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§ 80. Jurisdiction of commissioner. 1. The jurisdiction, supervision,\npowers and duties of the commissioner under this chapter shall extend to\ncommon carriers, common and contract carriers of passengers by motor\nvehicle, and common and contract carriers of property by motor vehicle,\nand to the persons owning, leasing or operating the same. Such\njurisdiction does not extend however to any public authority or any\nsubsidiary thereof exercising any power granted under the public\nauthorities law.\n  2. A person or persons owning or holding a majority of the stock of\nany common carrier specified in subdivision one of this section and\nsubject to the jurisdiction of the commissioner shall be subject to the\nsupervision of the commissioner in respect of the relations between such\ncommon carrier and such owners or holders of a majority of the stock\nthereof insofar as such relations arise from or by reason of such\nownership or holding of stock thereof or the receipt or holding of any\nmoney or property thereof or from or by reason of any contract between\nthem; and in respect of such relations shall in like manner and to the\nsame extent as such common carrier be subject to examination of\naccounts, records and memoranda and shall furnish such reports and\ninformation as the commissioner shall from time to time direct and\nrequire and shall be subject to like penalties for default therein.\n  3. Corporations formed to acquire property or to transact business\nwhich would be subject to the provisions of this chapter, and\ncorporations and other persons possessing franchises for any of the\npurposes contemplated by this chapter, shall be deemed to be subject to\nthe provisions of this chapter although no property may have been\nacquired, business transacted or franchises exercised.\n  4. Notwithstanding any other provision of law, the commissioner shall\nnot have jurisdiction over the regulation of any bus line operations\nthat are wholly within the boundaries of any city when such city has\nadopted an ordinance, local law or charter to regulate or franchise bus\nline operations, except that the commissioner shall have jurisdiction\nwith respect to safety of operation of motor vehicles and self-insurance\nrequirements of such bus lines. The commissioner shall, however, have\nexclusive jurisdiction over the regulation of common carriers of\npassengers by motor vehicle that provide operations on a prearranged\nbasis over non-specified or irregular routes within a city, except as\nprovided in subdivision five of this section or as otherwise provided in\nthis chapter. It is further provided, however, that once the\ncommissioner issues a certificate to a motor carrier to operate as a\ncommon carrier of passengers by motor vehicle, such motor carrier shall\nbe under the exclusive jurisdiction of the commissioner with respect to\nthe service performed under such certificate, except as provided in\nsubdivision five of this section.\n  5. a. (1) Notwithstanding any other provision of law, in any city with\na population of over one million, the commissioner shall not have\njurisdiction over the regulation of any van service or other common\ncarrier of passengers by motor vehicle covered under article seven of\nthis chapter when such van service or other such common carrier is\noperated wholly within the boundaries of such city or is operated partly\nwithin such city if the partial operation consists of the pick up and\ndischarge of passengers wholly within such city, when such city has\nadopted an ordinance, local law or charter to regulate or franchise such\noperations; provided, however, that the commissioner shall have\nexclusive jurisdiction with respect to the safety of operation of motor\nvehicles operated as van services or other such common carriers of\npassengers, except that concurrent jurisdiction with respect to\nenforcement of such safety standards may be transferred pursuant to\nagreement between the department and such cit

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