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.

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.