1261 - Definitions.

§  1261.  Definitions.  As used or referred to in this title, unless a  different meaning clearly appears from the context:    1. "Authority" shall mean the corporation created  by  section  twelve  hundred sixty-three of this title.    2.   "Authority  facilities"  shall  mean  the  authority's  railroad,  omnibus, marine and aviation facilities and operations pursuant to joint  service arrangements.    3. "Budget" shall mean the preliminary,  final  proposed  and  adopted  final plans of the authority, and each of its agencies.    4. "Comptroller" shall mean the comptroller of the state of New York.    5.  "Equipment"  shall  mean  rolling stock, omnibuses, vehicles, air,  marine or surface craft, motors, boilers, engines, wires, ways, conduits  and  mechanisms,  machinery,  tools,  implements,  materials,  supplies,  instruments  and  devices  of every nature whatsoever used or useful for  transportation purposes or for the generation or transmission of  motive  power  including  but not limited to all power houses, and all apparatus  and all devices for signalling, communications and ventilation as may be  necessary, convenient or desirable for the operation of a transportation  facility.    6. "Federal government" shall mean the United States of  America,  and  any   officer,   department,   board,   commission,   bureau,  division,  corporation, agency or instrumentality thereof.    7. "Gap" shall mean the  difference  between  projected  revenues  and  expenses for any given fiscal year based on the existing fare structure.    8.  "Gap-closing  initiative"  shall  mean  any  action  to  reduce  a  projected gap.    9. "Governor" shall mean the governor of the state of New York.    10. "Joint service arrangements"  shall  mean  agreements  between  or  among  the  authority  and  any common carrier or freight forwarder, the  state, any state agency, the federal  government,  any  other  state  or  agency  or  instrumentality thereof, any public authority of this or any  other state, or any political subdivision or municipality of the  state,  relating  to  property,  buildings,  structures,  facilities,  services,  rates,  fares,  classifications,  divisions,   allowances   or   charges  (including  charges  between  operators of railroad, omnibus, marine and  aviation facilities), or rules or regulations pertaining thereto, for or  in connection with or incidental to transportation in part  in  or  upon  railroad,  omnibus,  marine  or  aviation  facilities located within the  district and in part in or upon railroad, omnibus,  marine  or  aviation  facilities located outside the district.    11.  "Marine  and  aviation facilities" shall mean equipment and craft  for the transportation of passengers,  mail  and  cargo  between  points  within the district or pursuant to joint service arrangements, by marine  craft and aircraft of all types including but not limited to hydrofoils,  ferries,  lighters,  tugs, barges, helicopters, amphibians, seaplanes or  other contrivances now or hereafter used in navigation  or  movement  on  waterways  or  in the navigation of or flight in airspace. It shall also  mean any marine port  or  airport  facility  within  the  transportation  district but outside the port of New York district as defined in chapter  one  hundred  fifty-four  of  the  laws  of nineteen hundred twenty-one,  including but not limited to terminals, docks, piers,  bulkheads,  ramps  or  any facility or real property necessary, convenient or desirable for  the accommodation of passengers  and  cargo  or  the  docking,  sailing,  landing,  taking off, accommodation or servicing of such marine craft or  aircraft.    12. "Omnibus facilities"  shall  mean  motor  vehicles,  of  the  type  operated  by  carriers subject to the jurisdiction of the public service  commission, engaged  in  the  transportation  of  passengers  and  theirbaggage, express and mail between points within the district or pursuant  to  joint  service  arrangements,  and  equipment,  property, buildings,  structures, improvements, loading or unloading areas, parking  areas  or  other   facilities,   necessary,   convenient   or   desirable  for  the  accommodation of such motor vehicles or their passengers, including  but  not  limited  to  buildings,  structures  and areas notwithstanding that  portions may not be devoted  to  any  omnibus  purpose  other  than  the  production  of  revenues  available for the costs and expenses of all or  any facilities of the authority.    13.  "Railroad  facilities"  shall  mean  right  of  way  and  related  trackage,  rails, cars, locomotives, other rolling stock, signal, power,  fuel, communication and ventilation  systems,  power  plants,  stations,  terminals, storage yards, repair and maintenance shops, yards, equipment  and  parts, offices and other real estate or personalty used or held for  or incidental to the operation, rehabilitation  or  improvement  of  any  railroad  operating  or to operate between points within the district or  pursuant to joint service arrangements, including  but  not  limited  to  buildings,  structures,  and areas notwithstanding that portions thereof  may not be devoted to any railroad purpose other than the production  of  revenues  available  for the costs and expenses of all or any facilities  of the authority.    14. "Real property"  shall  mean  lands,  structures,  franchises  and  interests  in  land,  waters, lands under water, riparian rights and air  rights and any and all things and rights included within said  term  and  includes  not  only  fees  simple  absolute  but also any and all lesser  interests including but not limited to easements, rights of  way,  uses,  leases,  licenses  and  all  other  incorporeal  hereditaments and every  estate, interest or right, legal or equitable, including terms for years  and liens thereon by way of judgments, mortgages or otherwise.    15. "State" shall mean the state of New York.    16.  "State  agency"  shall  mean  any  officer,  department,   board,  commissioner,  bureau,  division,  public benefit corporation, agency or  instrumentality of the state.    17.  "Transportation  facility"  shall  mean  any  transit,  railroad,  omnibus,  marine or aviation facility and any person, firm, partnership,  association or, corporation which owns,  leases  or  operates  any  such  facility or any other facility used for service in the transportation of  passengers,  United States mail or personal property as a common carrier  for hire and any portion thereof and the  rights,  leaseholds  or  other  interest  therein together with routes, tracks, extensions, connections,  parking lots, garages, warehouses, yards, storage yards, maintenance and  repair shops, terminals, stations and other related facilities  thereof,  the  devices,  appurtenances, and equipment thereof and power plants and  other  instrumentalities  used  or  useful  therefor  or  in  connection  therewith.    18.   "Transportation   district"   and   "district"  shall  mean  the  metropolitan commuter transportation district created by section  twelve  hundred sixty-two of this title.    19.  "New  York  city  transit  authority"  shall mean the corporation  created by section twelve hundred one of this chapter.    20.  "Triborough  bridge  and  tunnel  authority"   shall   mean   the  corporation created by section five hundred fifty-two of this chapter.    21.  "Inspector  general"  shall  mean the metropolitan transportation  authority inspector general.    22.  "Revenues."  All  monies  received  by  the  authority   or   its  subsidiaries, or New York city transit authority or its subsidiaries, or  Triborough  bridge  and  tunnel  authority,  as  the  case  may be, fromwhatever source, derived directly or indirectly from  or  in  connection  with the operations of the respective entity.    23.  "Transit  facility."  Transit  facility as defined in subdivision  fifteen of section twelve hundred of this article.    24. "Utilization" shall mean public usage of the subway, bus, railroad  and paratransit services,  and  bridge  and  tunnel  crossings,  of  the  authority  and its affiliates and subsidiaries as reflected in empirical  data.