2010 New York Code
TRA - Transportation
Article 6 - (136 - 147) MATTERS RELATING TO ALL MOTOR CARRIERS
138 - General powers of commissioner.

§ 138. General   powers   of   commissioner.  The  commissioner  or  a
  designated employee shall  have  the  following  functions,  powers  and
  duties:
    1.  To regulate motor carriers by establishing reasonable requirements
  with respect to continuous and adequate  service,  and  by  establishing
  reasonable  requirements  with  respect  to uniform systems of accounts,
  records, reports, preservation of records and safety  of  operation  and
  equipment.
    2.  To administer, execute and enforce all provisions of this chapter;
  to make all necessary  orders  in  connection  therewith;  to  prescribe
  rules,  regulations  and  procedures  for  such administration; to issue
  certificates and permits to motor carriers and to  attach  to  any  such
  certificate  or permit issued, either at time of issuance or at any time
  thereafter, any reasonable terms, conditions and limitations as shall be
  consistent with the public interest.
    3. To investigate all motor carriers  and  keep  informed  as  to  the
  manner in which their property is operated, not only with respect to the
  adequacy,  security,  safety and accommodation afforded by their service
  but also with respect to their compliance with all  provisions  of  law,
  regulations  and  orders of the commissioner and to issue such orders in
  connection therewith as may be required in the public interest.
    4. To compel by subpoena duces tecum the production of  any  accounts,
  books, contracts, records, documents, memoranda and papers.
    5.  To  subpoena  witnesses,  take  testimony  and administer oaths to
  witnesses in any proceeding or examination instituted  or  conducted  in
  reference to any matter under this chapter.
    6.  To  establish  reasonable  classifications  or  groups of carriers
  included in the term motor carrier as the special nature of the services
  performed by such motor carriers  or  groups  of  motor  carriers  shall
  require  and to establish reasonable rules, regulations and requirements
  to be observed by the motor carriers so classified or grouped.
    7. To investigate the cause of all accidents resulting in loss of life
  or injury to persons or property, which in the  commissioner's  judgment
  shall require investigation.
    8.  Except  as  provided  in  sections one hundred fifty-three and one
  hundred fifty-four of this chapter, to fix  and  approve  the  route  or
  routes  of  any  bus  line, except bus lines operating wholly within any
  city having jurisdiction pursuant to subdivision four of section  eighty
  of  this  chapter,  and from time to time either upon application of the
  bus  company,  or  upon  complaint,  or  upon  the  commissioner's   own
  initiative  and without complaint, but upon reasonable notice, to modify
  and amend the route or routes of any  such  bus  company.  No  such  bus
  company  shall  operate a bus line or bus lines upon any highway, avenue
  or street in the state except along a route as fixed and approved by the
  commissioner, except that in case of street repairs,  parades  or  other
  temporary obstruction of the highway, the bus company may use during the
  period  of  such emergency, another route as close as practicable to the
  original route. The use of such alternate route  during  the  period  of
  such   emergency  shall  be  lawful  unless  otherwise  ordered  by  the
  commissioner. Notice of a proposed change in route or  routes  shall  be
  given  to  each  county  and  each city, town or village into or through
  which a proposed route is to pass.