People v. Metro-North Commuter R. Co

In People v. Metro-North Commuter R. Co., (132 Misc 2d 1072 [Crim Ct, Bronx County 1986]) the Court dismissed an information charging the defendant, a subsidiary of the MTA, with several violations of the New York City municipal code. In particular the defendant was cited for violations of New York City municipal code prohibiting the operation of a motor vehicle transporting diesel fuel on a public street (1) without a required placard stating that the truck contained fuel, (2) without a fire extinguisher and (3) without a New York City Fire Department permit to transport flammable and combustible liquids. The Court held that Public Authorities Law 1266 (8) gave defendant the exclusive ability to control or direct the maintenance and operation of equipment operated by the MTA. Many of the bus and rail lines operated by the MTA use diesel as fuel. To the extent that New York City ordinances required the transport of fuel, for use by the MTA fleet, to be conducted in particular way, the MTA was exempt from those regulations.