§ 154 — Issuance of a permanent certificate

New York § 154

• Jurisdiction: New York
• Law TRA: Transportation
• Art. 7: Carriers of Passengers By Motor Vehicles

Text

§ 154. Issuance of a permanent certificate. 1. The commissioner may\nissue a permanent certificate of public convenience and necessity to\noperate as a common carrier of passengers to an applicant with or\nwithout hearing, except as provided in subdivisions two and seven of\nthis section, but upon notice to all interested parties. If any\napplication for authority to operate a bus line through a county, city,\nvillage or town or in or through a territory or district served by a bus\nline or a public transportation authority created pursuant to titles\nnine, eleven, eleven-A, eleven-B, eleven-C and eleven-D of article five\nof the public authorities law is protested by any such municipality, bus\nline, or public transportation authority, and hearing on such\napplication is requested then no permanent authority shall be granted\nprior to a hearing held on such application. The commissioner shall\nconsider any reasonable conditions required of the applicant by such\nmunicipality regarding routing and franchise requirements and, in cities\nhaving a population of over one million persons the commissioner shall\nadopt the intracity routing requirements to the proposed destination\npoint or points that are established by any such city, provided that\nsuch city furnishes the routing requirements to the commissioner within\nsixty days of the filing of the application with the department. In\naddition the commissioner shall adopt insurance requirements provided\nfor by any such city. Except for the routing and insurance requirements\nin cities having a population of over one million persons, the\ncommissioner shall impose requirements on the applicant deemed to be\nreasonable and in the public interest as a condition to any authority\ngranted. The application for a permanent certificate shall be granted if\nthe commissioner finds that:\n (a) the applicant is fit, willing and able to provide the\ntransportation to be authorized by the certificate and to comply with\nthis chapter and the regulations of the commissioner; and\n (b) the service proposed will be required by the present or future\npublic convenience and necessity.\n 2. Notwithstanding any other provision of law, on any application for\npermanent 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 3. Any person holding a permanent certificate of public convenience\nand necessity to provide bus line service shall be granted authority\nupon application therefor, without a hearing or notice, to transport\nchartered or special parties to all points in the state under such rules\nand regulations as the commissioner shall prescribe.\n 4. Any person holding a permanent certificate of public convenience\nand necessity to provide bus line service shall be granted authority\nupon application therefor, without a hearing or notice, to transport\nshipments of property not exceeding one hundred pounds within the scope\nof its bus line certificate under such rules and regulations as the\ncommissioner shall prescribe.\n 5. No certificate issued under this article shall confer any\nproprietary or property rights in the use of the highways.\n 6. Any person holding a permanent certificate to provide bus line\nservice shall not discontinue service on any route unless an application\nis made to the commissioner and the commissioner approves such\napplication upon a finding that the public convenience and necessity no\nlonger requires such bus line service.\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