N.Y. Transportation Law § 153: Issuance of temporary authority

§ 153. Issuance of temporary authority. 1. A temporary certificate of

public convenience and necessity to operate as a common carrier of

passengers may be issued by the commissioner after public notice and

with or without hearing, except as provided in subdivisions five and

seven of this section, to an applicant upon a finding that the applicant

is fit, willing and able to perform a service for which there is an

immediate or urgent need. Such a temporary certificate of public

convenience and necessity may also be issued on the commissioner's own

motion for the purpose of experiment or demonstration when the

commissioner is of the opinion that such action is required by the

public interest.

2. A temporary permit to operate as a contract carrier of passengers

may be issued by the commissioner after public notice and with or

without a hearing, to an applicant upon a finding that the applicant is

fit, willing and able to perform a service, for which there is an

immediate or urgent need.

3. A temporary certificate or a temporary permit will:

(a) create no presumption that corresponding permanent authority will

be granted;

(b) confer no proprietary or property rights in the use of the

highways;

(c) be granted for a period not to exceed six months, which may be

renewed by the commissioner for good cause shown; and

(d) be subject to any conditions deemed to be appropriate by the

commissioner.

4. Notwithstanding any other provision of law, if the commissioner

determines that, due to emergency conditions, there is not sufficient

time to process an application for temporary authority under this

section, the commissioner may grant emergency temporary authority

pursuant to such conditions and regulations that may be prescribed by

the commissioner. Unless suspended or revoked, such emergency temporary

authority shall be granted for not more than thirty days.

5. If any application for authority to operate a bus line through a

county, city, village or town or in or through a territory or district

served by a bus line or a public transportation authority created

pursuant to titles nine, eleven, eleven-A eleven-B, eleven-C and

eleven-D of article five of the public authorities law is protested by

any such municipality, bus line, or public transportation authority, and

a hearing on such application is requested, then no temporary authority

shall be granted prior to a hearing held on such application. The

commissioner shall consider any reasonable conditions required of the

applicant by such municipality regarding routing and franchise

requirements and, in cities having a population of over one million

persons the commissioner shall adopt the intracity routing requirements

to the proposed destination point or points that are established by any

such city, provided that such city furnishes the routing requirements to

the commissioner within sixty days of the filing of the application with

the department. In addition the commission shall adopt insurance

requirements provided for by any such city. Except for the routing and

insurance requirements in cities having a population of over one million

persons, the commissioner shall impose conditions on the applicant

deemed to be reasonable and in the public interest as a condition to any

authority granted.

6. Notwithstanding any other provision of law, on any application for

temporary authority to operate a bus line originating or terminating in

any city, the commissioner shall, in addition to the requirements

specified in subdivision one of this section, also consider and evaluate

the application and any objections to the application in accordance with

the following criteria:

(a) The adequacy of the existing mass transit and mass transportation

facilities to meet the transportation needs of any particular segment of

the general public for the proposed service; and

(b) The impact that the proposed operation may have on any existing

mass transit or mass transportation facilities.

7. If any application to operate a van service originating or

terminating within a city is protested by the governing body of such

city, a bus line operating in said city or a public transportation

authority created pursuant to titles nine, eleven, eleven-A, eleven-B,

eleven-C and eleven-D of article five of the public authorities law

whose territory or district includes said city, and a hearing is

requested, such hearing shall be held. Based on the evidence submitted

at such hearing the commissioner shall, in addition to the requirements

specified in subdivision one hereof, consider and evaluate the

application and the objections to the application in accordance with the

following criteria:

(a) The adequacy of the existing mass transit and mass transportation

facilities to meet the transportation needs of any particular segment of

the general public for the proposed service; and

(b) The impact that the proposed operation may have on any existing

mass transit or mass transportation facilities.

8. When an applicant proposes to operate a bus line or van service

into a city that has adopted an ordinance, local law or charter to

regulate or franchise bus lines and the commissioner determines that

those portions of the proposed operation that are not wholly within such

a city are not integral to the entire operation, such application shall

be denied.