2006 New York Code - Substitution Of Motor Vehicles Or Trackless Trolleys For Cars On Tracks; Supplemental Or Extended Operation.

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