N.Y. Transportation Law 193 – Permanent certificate
§ 193. Permanent certificate. 1. A permanent certificate to operate as a common carrier of household goods by motor vehicle may be issued by the commissioner after notice and with or without hearing to a carrier which has held a probationary certificate for at least six months if the commissioner determines that the holder is fit, willing and able to hold a permanent certificate.
Terms Used In N.Y. Transportation Law 193
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
2. In determining whether to grant or deny a permanent certificate pursuant to subdivision one of this section, the commissioner shall consider the carrier's actual operating experience while holding a probationary certificate and the manner in which that carrier has conducted itself with the public. Protests to the grant of a permanent certificate pursuant to subdivision one of this section shall be limited to evidence on the carrier's fitness to provide service.
3. Unless an applicant proposes to provide service in a more limited geographic area, a permanent certificate issued pursuant to subdivision one of this section will entitle the holder thereof to provide service as a common carrier of household goods by motor vehicle between all points within a base region which shall consist of each county wherein the applicant maintains a bona fide place of business and all adjoining counties; and, between all points within the base region, as described above, on the one hand, and, on the other, all points in the state. For the purposes of this section, the counties of Bronx, Kings, New York, Queens and Richmond shall be considered as one county.
4. A permanent certificate to operate as a common carrier of household goods by motor vehicle in a broader geographic area than specified in subdivision three of this section may be issued by the commissioner after public notice and with or without hearing if the commissioner finds that:
(a) the applicant is fit, willing and able to provide the transportation to be authorized by the certificate and to comply with this chapter and the regulations of the commissioner; and
(b) that the service proposed will be required by the present or future public convenience and necessity.
5. Persons holding a permanent certificate will be subject to a continuing requirement of being fit, willing and able and if, after notice and hearing, the commissioner finds that any person holding a permanent certificate under this article is willfully failing to comply with the continuing fit, willing and able requirement, the commissioner may suspend or revoke the permanent certificate in whole or in part.
6. Permanent certificates issued pursuant to subdivision one of this section shall have no application fee.
7. Permanent certificates shall not confer any proprietary or property rights in the use of the highways.