Legislation
SECTION 115
General powers and duties of commissioner in respect to common carriers
Transportation (TRA) CHAPTER 61-A, ARTICLE 5
§ 115. General powers and duties of commissioner in respect to common
carriers. 1. The commissioner shall have power and authority to
administer oaths, in all parts of the state, to witnesses summoned to
testify in any inquiry, investigation, hearing or proceedings; and also
to administer oaths in all parts of the state whenever the exercise of
such power is incidentally necessary or proper to enable the
commissioner to perform a duty or to exercise a power. An officer or
employee of the department specially authorized to conduct an
investigation or hearing shall have power to administer oaths to
witnesses subpoenaed to testify before him.
2. (a) The commissioner shall have the general supervision of all
common carriers subject to his jurisdiction as hereinbefore defined, and
shall have power to and shall examine the same and keep informed as to
their general condition, their capitalization, their franchises and the
manner in which their lines and property, owned, leased, controlled or
operated, are managed, conducted and operated, not only with respect to
the adequacy, security and accommodation afforded by their service, but
also with respect to their compliance with all provisions of law, orders
of the commissioner and charter requirements. The commissioner, or
responsible engineers or inspectors duly authorized by him, shall have
power to enter in or upon and to inspect the property, equipment,
buildings, plants, factories, power-houses and offices of any of such
companies or persons, including the right for such inspection purpose to
ride upon any freight locomotive or train or any passenger locomotive or
train while in service; and to have upon reasonable notice the use of an
inspection locomotive or special locomotive and inspection car for a
physical inspection once annually of all the lines and stations of each
common carrier under his supervision; and to the extent that such
facilities for inspection involve transportation the commissioner and
each such employee shall pay the published one-way fare established by
the common carrier for the transportation of persons by regular
passenger trains over the distance covered by such inspection. The cost
of such transportation, if the commissioner so elects, may be paid upon
bill rendered to the commissioner after the transportation has been
furnished and the amount thereof ascertained. The commissioner shall
also have general powers and authority with respect to the abatement
except by change of motive power of all nuisances arising outside the
corporate limits of a city from the generation of smoke, soot, or
cinders, incident to the operation of such railroads, and railroad
companies.
(b) The commissioner shall promulgate rules and regulations relating
to railroad electric power substations which shall provide for safe
ingress to and egress from such substations with relation to surrounding
areas. Such rules and regulations shall also establish safety guidelines
which when implemented will assure that such substations will be
maintained under conditions of reasonable security and optimum safety
not only for persons authorized for ingress to such substations but also
for persons unauthorized for such ingress.
3. The commissioner or officer or employee specially authorized to
conduct an investigation or hearing shall have power to examine all
books, contracts, records, documents and papers of any person or
corporation subject to his supervision, and by subpoena duces tecum to
compel production thereof. In lieu of requiring production of originals
by subpoena duces tecum, the commissioner may require sworn copies of
any such books, records, contracts, documents and papers or parts
thereof to be filed with him.
carriers. 1. The commissioner shall have power and authority to
administer oaths, in all parts of the state, to witnesses summoned to
testify in any inquiry, investigation, hearing or proceedings; and also
to administer oaths in all parts of the state whenever the exercise of
such power is incidentally necessary or proper to enable the
commissioner to perform a duty or to exercise a power. An officer or
employee of the department specially authorized to conduct an
investigation or hearing shall have power to administer oaths to
witnesses subpoenaed to testify before him.
2. (a) The commissioner shall have the general supervision of all
common carriers subject to his jurisdiction as hereinbefore defined, and
shall have power to and shall examine the same and keep informed as to
their general condition, their capitalization, their franchises and the
manner in which their lines and property, owned, leased, controlled or
operated, are managed, conducted and operated, not only with respect to
the adequacy, security and accommodation afforded by their service, but
also with respect to their compliance with all provisions of law, orders
of the commissioner and charter requirements. The commissioner, or
responsible engineers or inspectors duly authorized by him, shall have
power to enter in or upon and to inspect the property, equipment,
buildings, plants, factories, power-houses and offices of any of such
companies or persons, including the right for such inspection purpose to
ride upon any freight locomotive or train or any passenger locomotive or
train while in service; and to have upon reasonable notice the use of an
inspection locomotive or special locomotive and inspection car for a
physical inspection once annually of all the lines and stations of each
common carrier under his supervision; and to the extent that such
facilities for inspection involve transportation the commissioner and
each such employee shall pay the published one-way fare established by
the common carrier for the transportation of persons by regular
passenger trains over the distance covered by such inspection. The cost
of such transportation, if the commissioner so elects, may be paid upon
bill rendered to the commissioner after the transportation has been
furnished and the amount thereof ascertained. The commissioner shall
also have general powers and authority with respect to the abatement
except by change of motive power of all nuisances arising outside the
corporate limits of a city from the generation of smoke, soot, or
cinders, incident to the operation of such railroads, and railroad
companies.
(b) The commissioner shall promulgate rules and regulations relating
to railroad electric power substations which shall provide for safe
ingress to and egress from such substations with relation to surrounding
areas. Such rules and regulations shall also establish safety guidelines
which when implemented will assure that such substations will be
maintained under conditions of reasonable security and optimum safety
not only for persons authorized for ingress to such substations but also
for persons unauthorized for such ingress.
3. The commissioner or officer or employee specially authorized to
conduct an investigation or hearing shall have power to examine all
books, contracts, records, documents and papers of any person or
corporation subject to his supervision, and by subpoena duces tecum to
compel production thereof. In lieu of requiring production of originals
by subpoena duces tecum, the commissioner may require sworn copies of
any such books, records, contracts, documents and papers or parts
thereof to be filed with him.