1. The Laws of New York
  2. Consolidated Laws
  3. Transportation
  4. Article 1: Short Title; Definitions


Section 2 Definitions

Transportation (TRA)

Whenever used in this chapter, unless a different meaning clearly appears from the context the terms:

  1. "Baggage company" means a person engaged under contract or agreement with a railroad company or street railroad company in the checking of baggage, or in the collection and delivery of baggage between railroad stations, or between railroad stations and hotels, residences, business places or steamer docks.

  2. "Bus company" means a person, or a lessee, trustee or receiver appointed by any court whatsoever, owning, leasing, or operating or proposing to own, lease or operate a bus line.

  3. "Bus line" is a sub-classification of common carrier of passengers by motor vehicle that is usually characterized by the use of vehicles having a seating capacity of greater than twenty passengers; by multiple pickup and discharge points along designated routes; and by no prearrangements or reservations by passengers.

  4. "Certificate" means operating authority issued under this chapter to common carriers of passengers by motor vehicle, common carriers of property by motor vehicle and common carriers of household goods by motor vehicle.

  4-a. "Commercial motor vehicle" means any self-propelled or towed motor vehicle used on a highway in intrastate, interstate or international commerce to transport passengers or property when the vehicle (a) has a gross vehicle weight rating or gross combination weight of ten thousand one pounds or more, whichever is greater; or (b) is designed or used to transport more than eight passengers including the driver for compensation; or (c) is designed or used to transport more than fifteen passengers including the driver and is not used to transport passengers for compensation; or (d) is used in transporting material found by the United States secretary of transportation to be hazardous under section 5103 of title 49 of the United States code and transported in a quantity requiring placarding under regulations prescribed by such secretary under subtitle B, chapter I, subchapter C of title 49 of the code of federal regulations.

  5. "Commissioner" means the state commissioner of transportation.

  6. "Common carrier" means a railroad company, street railroad company, express company, car company, sleeping-car company, freight company, freight line company, baggage company, transfer company, carrier by water, person or the lessee, trustee or receiver appointed by any court whatsoever, owning, operating or managing any such agency for public use in the conveyance of persons or property within this state other than by use of ski tows and other passenger tramways operated at ski centers. The term shall not include an express company, baggage company or transfer company unless it is operated wholly or in part upon or in connection with a railroad or street railroad or a municipally owned ferry or ferry company operating under a lease from a city or a carrier by water except where it is engaged or may be required to be engaged with a carrier by railroad in the transportation of passengers or property over a through route partly by water and partly by railroad for a continuous carriage or shipment between points in this state.

  7. "Common carrier of passengers by motor vehicle" means any person that transports passengers by motor vehicle for compensation by providing service for the general public on an individual fare basis over regular or irregular routes. It shall include a bus line as defined by subdivision three of this section.

  8. "Common carrier of property by motor vehicle" means any person that transports property by motor vehicle for compensation for the general public.

  9. "Contract carrier of passengers by motor vehicle" means any person that transports passengers by motor vehicle for compensation, in chartered party or special party service, or by providing service under a continuing agreement calling for the exclusive use of vehicles by a person or persons.

  10. "Contract carrier of property by motor vehicle" means any person that transports property by motor vehicle for compensation under special and individual continuing contracts or arrangements with one person or a limited number of persons for an extended period of time, or that provides services in addition to transportation services that are not normally made available or provided by common carriers of property.

  11. "Corporation" means and includes a corporation, company, association and joint-stock association.

  12. "Department" means the state department of transportation.

  13. "Governing body" means the local legislative body as such term is defined in subdivision seven of section two of the municipal home rule law.

  14. "Highway" means a highway, road, street, alley, avenue, thoroughfare, bridge or public driveway which is opened to the public and publicly maintained, whether by the state or a subdivision thereof, or by a public authority.

  15. "Household goods" means:

  (a) personal effects and property used or to be used in a dwelling when a part of the equipment or supply of such dwelling and such other similar property as the commissioner may provide by regulation; except that this paragraph shall not be construed to include property moving from a factory or store, except such property as the householder has purchased with intent to use in his or her dwelling and which is transported at the request of, and the transportation charges paid to the carrier by, the householder;

  (b) furniture, fixtures, equipment, and the property of stores, offices, museums, institutions, hospitals or other establishments when a part of the stock, equipment, or supply of such stores, offices, museums, institutions, hospitals, or other establishments and such other similar property as the commissioner may provide by regulation; except that this paragraph shall not be construed to include the stock-in-trade of any establishment, whether consignor or consignee, other than used furniture and used fixtures, except when transported as incidental to moving of the establishment, or a portion thereof, from one location to another; and

  (c) articles, including objects of art, displays, and exhibits, which because of their unusual nature or value require the specialized handling and equipment usually employed in moving household goods and such other similar articles as the commissioner may provide by regulation; except that this paragraph shall not be construed to include any article, whether crated or uncrated, which does not, because of its unusual nature or value, require the specialized handling and equipment usually employed in moving household goods.

  16. "Infant" or "minor" means a person who has not attained the age of eighteen years.

  17. "Motor carrier" includes common and contract carriers of passengers by motor vehicle, common and contract carriers of property by motor vehicle, and common carriers of household goods by motor vehicle. Any reference in article six, seven, eight or nine of this chapter to a "common carrier", "contract carrier", "common carrier of property", "contract carrier of property", "common carrier of passengers", or "contract carrier of passengers" shall be deemed to mean such type of carrier by motor vehicle.

  18. "Motor vehicle" means a vehicle, machine, bus, tractor, truck trailer or semi-trailer, propelled or drawn by mechanical power and used upon the highways in the transportation of property or passengers, but does not include any locomotive or car operated exclusively on a rail, rails or track.

  19. "Municipal corporation" or "municipality" means a county, city, village or town; except that in articles three, four and five, subdivision three of section one hundred seventy-one and section one hundred ninety of this chapter, a "municipality" shall not include a county.

  20. "Non-profit car pools" means the prearranged transportation of passengers by motor vehicle to and from their place of employment or other destination, where moneys paid to the motor vehicle owner are only for a recovery of some or all of the expenses related directly to the transporting of the passengers, including tolls, fuel, insurance and depreciation, provided that the operator of such vehicle does not drive the motor vehicle for profit.

  21. "Permit" means operating authority issued under this chapter to contract carriers of passengers by motor vehicle and contract carriers of property by motor vehicle.

  22. "Person" means and includes an individual, firm, copartnership, association or corporation.

  23. "Private carriage" means the transportation of property by a person other than a motor carrier when such person is the owner, lessee or bailee of the property being transported and when such transportation is for the purpose of sale, lease, rent or bailment.

  23-a. "Private carrier of passenger by motor vehicle" means any person that transports passengers by commercial motor vehicle which is provided in the furtherance of a commercial enterprise and which is not for compensation and is not available to the public at large, in intrastate, interstate or international commerce.

  23-b. "Private motor carrier" means any person who provides transportation of property or passengers by commercial motor vehicle for a business purpose and is not a common or contract carrier of passengers or property by motor vehicle.

  24. "Railroad" means a railroad, other than a street railroad, operated for public use in the conveyance of persons or property for compensation, with all bridges, ferries, tunnels, equipment, switches, spurs, tracks, stations and terminal facilities used, operated or owned by or in connection therewith.

  25. "Railroad company" means a person, or a lessee, trustee or receiver appointed by any court whatsoever, owning, operating or managing any railroad or cars or other equipment used thereon or in connection therewith.

  26. "School" means every place of academic, vocational or religious service or instruction for persons under the age of twenty-one, except places of higher education. It shall include every child care center; every institution for the care or training of the mentally or physically handicapped; and every day camp.

  27. "Services and transportation provided by a contract carrier of passengers by motor vehicle" means and includes all vehicles operated by, for or in the interest of such carrier irrespective of ownership or of contract, express or implied, together with all facilities and property operated or controlled by such carrier and used in the transportation of passengers or in the performance of any service in connection therewith.

  28. "Shipment" means a lot of freight tendered to a carrier by one consignor at one place at one time for delivery to one consignee at one place on one bill of lading.

  29. "Street railroad" means a railroad by whatever power operated, or an extension or branch thereof, for public use in the conveyance of persons or property for compensation, being mainly upon, along, above or below any highway, including all equipment, switches, spurs, tracks, right of trackage, subways, tunnels, stations, terminals and terminal facilities used, operated or owned by or in connection therewith, but shall not include a railroad constituting or used as part of a trunk line railroad system.

  30. "Street railroad company" means a person, or a lessee, trustee or receiver appointed by any court whatsoever, owning, operating or managing any street railroad or cars or other equipment used thereon or in connection therewith.

  31. "Tank motor vehicle" means a motor truck, trailer or semi-trailer respectively, used for the transportation of liquids, and provided with a tank or tanks therefor which are mounted on the frame or chassis or are an integral part of such vehicle.

  31-a. "Telecommuting" shall mean the conservation of energy through the reduction of travel by employees of the department to and from their designated workplace through the use of telecommunication and computer technology in tasks including, but not limited to, information transfer and processing.

  32. "Transfer company" means a person engaged under contract or agreement with a railroad company or street railroad company in the transfer of passengers or property between railroad stations, or between railroad stations and hotels, residences, business places or steamer docks.

  33. "Transportation of property" includes any service in connection with the receiving, delivery, elevation, transfer in transit, ventilation, refrigeration, icing, storage and handling of the property transported.

  34. "Utility company" or "public utility company" is used to avoid repetitions in a provision applying to one or more persons operating an agency or agencies for public service, and who or which is or are subject to the jurisdiction, supervision and regulations prescribed by or pursuant to this chapter; such term being so used only as a general term descriptive of such a person.

  35. "Van service" is a sub-classification of common carrier of passengers by motor vehicle that provides service on a prearranged regular daily basis between a zone in a residential neighborhood and a location which shall be a work related central location, a mass transit or mass transportation facility, a shopping center or recreational facility, but shall not include service to or from an airport. Such service is usually characterized by the use of vehicles having a seating capacity of twenty passengers or less. Provided, however, that if a city with a population of over one million adopts a local law or ordinance pursuant to subdivision five of section eighty of this chapter, the term "van service" as it applies to van service in such city shall include service that otherwise meets the requirements of this subdivision but is service to or from an airport.