N.Y. Railroad Law Section 180
Motive power

Any street surface railroad may operate any portion of its road by cable, electricity, or any power other than locomotive steam power, which said locomotive steam power is primarily generated by the locomotive propelling the cars, and in the use of which either escaping steam or smoke is visible, which may be approved by the commissioner of transportation and consented to by the owners of one-half of the property bounded on that portion of the railroad, with respect to which a change of motive power is proposed; and if the consent of such property owners can not be obtained, the determination of three disinterested commissioners, appointed by the appellate division of the supreme court of the department in which such railroad is located, in favor of such motive power, confirmed by the court, shall be taken in lieu of the consent of the property owners. The consent of the property owners shall be obtained and the proceedings for the appointment and the determination of the commissioners and the confirmation of their report shall be conducted in the manner prescribed in sections one hundred and seventy-one and one hundred and seventy-four of this article, so far as the same can properly be made applicable thereto. Any railroad corporation making a change in its motive power under this section, may make any changes in the construction of its road or roadbed or other property rendered necessary by the change in its motive power. Where a street surface railroad in the counties of Herkimer and Hamilton is located wholly outside the limits of an incorporated city or village, such railroad may, with the approval of the commissioner of transportation, be operated by locomotive steam power, provided that such steam power is generated by oil from and including April fifteenth to and including November thirtieth, and by either oil or coal from and including December first to and including April fourteenth.

Source: Section 180 — Motive power, https://www.­nysenate.­gov/legislation/laws/RRD/180 (updated Sep. 22, 2014; accessed Apr. 27, 2024).

170
Street surface railroads 171
Consent of property owners and local authorities 172
Consent of local authorities 173
Condition upon which consent shall be given 173‑A
The term “terminable permit” as used in this article shall mean and embrace every grant from a city, town or village of power, right or p... 173‑B
Every city, town and village of this state, in addition to such powers as it may have relating to the granting of rights, privileges, fra... 173‑C
Every city, town and village of this state shall have power, subject to the provisions of sections one hundred and seventy-three-a to one... 173‑D
Whenever any street surface railroad is or may be operated along or upon any of the streets, roads, highways, avenues, parks or public pl... 173‑E
The acceptance of a terminable permit, or the acceptance of an amendment to any existing license, grant, franchise, permit or consent inc... 173‑F
Every terminable permit, and every amendment to any existing license, grant, franchise, permit or consent incorporating therein the terms... 173‑G
Approval of permit or amendment by commissioner of transportation 173‑H
Existing license, grant, franchise, permit or consent reinstated on invalidity of amendment 174
Proceedings if property owners do not consent 175
Percentage of gross receipts to be paid in cities or villages 176
Extension of route over rivers 177
Use of tracks of other roads 178
Repair of streets 178‑A
Headlights 179
Within what time road to be built 180
Motive power 181
Rate of fare 182
Collection of fare 183
Construction of road in street where other road is built 184
Abandonment of part of route 185
Effect of dissolution of charter as to consents 186
Corporate rights saved in case of failure to complete road 187
Extensions and franchises confirmed 188
Certain consents of local authorities confirmed 189
Time extended for payment of percentage based on gross receipts 191
Road not to be constructed upon ground occupied by public buildings or in public parks 192
Center-bearing rails prohibited 192‑A
Relocation of tracks 193
Right to cross bridge substituted for a bridge crossed for five years 194
Protection of employees 195
Platforms on new cars, how constructed 196
Protection to employees in the counties of Albany and Rensselaer 197
Protection of employees in the counties of Kings and Queens 198
Contracts for the adjustment of payments due certain cities 201
Construction of park railroads in cities having a population of one million five hundred thousand or upwards 202
Consents of property owners 203
Expense of construction and operation 204
Agreements for payment of cost of construction by instalments 205
Disposition of income 206
Motive power 207
Railroads in parks in New York city, by whom constructed 209
Change of motive power authorized 210
New streets across other than steam surface railroads
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Accessed:
Apr. 27, 2024

Last modified:
Sep. 22, 2014

§ 180’s source at nysenate​.gov

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