§ 153 — Issuance of temporary authority

§ 153. Issuance of temporary authority. 1. A temporary certificate of\npublic convenience and necessity to operate as a common carrier of\npassengers may be issued by the commissioner after public notice and\nwith or without hearing, except as provided in subdivisions five and\nseven of this section, to an applicant upon a finding that the applicant\nis fit, willing and able to perform a service for which there is an\nimmediate or urgent need. Such a temporary certificate of public\nconvenience and necessity may also be issued on the commissioner's own\nmotion for the purpose of experiment or demonstration when the\ncommissioner is of the opinion that such action is required by the\npublic interest.\n 2. A temporary permit to operate as a contract carrier of passengers\nmay be issued by the commissioner after public notice and with or\nwithout a hearing, to an applicant upon a finding that the applicant is\nfit, willing and able to perform a service, for which there is an\nimmediate or urgent need.\n 3. A temporary certificate or a temporary permit will:\n (a) create no presumption that corresponding permanent authority will\nbe granted;\n (b) confer no proprietary or property rights in the use of the\nhighways;\n (c) be granted for a period not to exceed six months, which may be\nrenewed by the commissioner for good cause shown; and\n (d) be subject to any conditions deemed to be appropriate by the\ncommissioner.\n 4. Notwithstanding any other provision of law, if the commissioner\ndetermines that, due to emergency conditions, there is not sufficient\ntime to process an application for temporary authority under this\nsection, the commissioner may grant emergency temporary authority\npursuant to such conditions and regulations that may be prescribed by\nthe commissioner. Unless suspended or revoked, such emergency temporary\nauthority shall be granted for not more than thirty days.\n 5. If any application for authority to operate a bus line through a\ncounty, city, village or town or in or through a territory or district\nserved by a bus line or a public transportation authority created\npursuant to titles nine, eleven, eleven-A eleven-B, eleven-C and\neleven-D of article five of the public authorities law is protested by\nany such municipality, bus line, or public transportation authority, and\na hearing on such application is requested, then no temporary authority\nshall be granted prior to a hearing held on such application. The\ncommissioner shall consider any reasonable conditions required of the\napplicant by such municipality regarding routing and franchise\nrequirements and, in cities having a population of over one million\npersons the commissioner shall adopt the intracity routing requirements\nto the proposed destination point or points that are established by any\nsuch city, provided that such city furnishes the routing requirements to\nthe commissioner within sixty days of the filing of the application with\nthe department. In addition the commission shall adopt insurance\nrequirements provided for by any such city. Except for the routing and\ninsurance requirements in cities having a population of over one million\npersons, the commissioner shall impose conditions on the applicant\ndeemed to be reasonable and in the public interest as a condition to any\nauthority granted.\n 6. Notwithstanding any other provision of law, on any application for\ntemporary authority to operate a bus line originating or terminating in\nany city, the commissioner shall, in addition to the requirements\nspecified in subdivision one of this section, also consider and evaluate\nthe application and any objections to the application in accordance with\nthe following criteria:\n (a) The adequacy of the existing mass transit and mass transportation\nfacilities to meet the transportation needs of any particular segment of\nthe general public for the proposed service; and\n (b) The impact that the proposed operation may have on any existing\nmass transit or mass transportation facilities.\n 7. If any application to operate a van service originating or\nterminating within a city is protested by the governing body of such\ncity, a bus line operating in said city or a public transportation\nauthority created pursuant to titles nine, eleven, eleven-A, eleven-B,\neleven-C and eleven-D of article five of the public authorities law\nwhose territory or district includes said city, and a hearing is\nrequested, such hearing shall be held. Based on the evidence submitted\nat such hearing the commissioner shall, in addition to the requirements\nspecified in subdivision one hereof, consider and evaluate the\napplication and the objections to the application in accordance with the\nfollowing criteria:\n (a) The adequacy of the existing mass transit and mass transportation\nfacilities to meet the transportation needs of any particular segment of\nthe general public for the proposed service; and\n (b) The impact that the proposed operation may have on any existing\nmass transit or mass transportation facilities.\n 8. When an applicant proposes to operate a bus line or van service\ninto a city that has adopted an ordinance, local law or charter to\nregulate or franchise bus lines and the commissioner determines that\nthose portions of the proposed operation that are not wholly within such\na city are not integral to the entire operation, such application shall\nbe denied.\n