N.Y. Transportation Law § 154: Issuance of a permanent certificate

§ 154. Issuance of a permanent certificate. 1. The commissioner may

issue a permanent certificate of public convenience and necessity to

operate as a common carrier of passengers to an applicant with or

without hearing, except as provided in subdivisions two and seven of

this section, but upon notice to all interested parties. 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 hearing on such

application is requested then no permanent 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 commissioner 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 requirements on the applicant deemed to be

reasonable and in the public interest as a condition to any authority

granted. The application for a permanent certificate shall be granted 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) the service proposed will be required by the present or future

public convenience and necessity.

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

permanent 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.

3. Any person holding a permanent certificate of public convenience

and necessity to provide bus line service shall be granted authority

upon application therefor, without a hearing or notice, to transport

chartered or special parties to all points in the state under such rules

and regulations as the commissioner shall prescribe.

4. Any person holding a permanent certificate of public convenience

and necessity to provide bus line service shall be granted authority

upon application therefor, without a hearing or notice, to transport

shipments of property not exceeding one hundred pounds within the scope

of its bus line certificate under such rules and regulations as the

commissioner shall prescribe.

5. No certificate issued under this article shall confer any

proprietary or property rights in the use of the highways.

6. Any person holding a permanent certificate to provide bus line

service shall not discontinue service on any route unless an application

is made to the commissioner and the commissioner approves such

application upon a finding that the public convenience and necessity no

longer requires such bus line service.

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.