N.Y. Transportation Law § 174: Issuance of permanent certificate

§ 174. Issuance of permanent certificate. 1. A permanent certificate

to operate as a common carrier of property may be issued by the

commissioner to a qualified applicant with or without hearing, but upon

notice to all interested parties, authorizing such applicant to provide

transportation as a common carrier of property. Applications for a

permanent certificate shall contain such information as the commissioner

by regulation may prescribe. 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) that the service proposed will be required by the present or

future public convenience and necessity.

2. The provisions of paragraph (b) of subdivision one of this section

shall not apply to applications for authority to provide transportation

of shipments weighing one hundred pounds or less when transported in a

motor vehicle in which no one package exceeds one hundred pounds.

3. No permanent certificate issued under this section shall confer any

proprietary or property rights in the use of the highways.