§ 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.