§ 173 — Issuance of temporary authority

New York § 173

• Jurisdiction: New York
• Law TRA: Transportation
• Art. 8: Carriers of Property By Motor Vehicle

Text

§ 173. Issuance of temporary authority. 1. A temporary certificate or\npermit to operate as a common or contract carrier of property may be\nissued by the commissioner to a qualified applicant with or without a\nhearing for the purpose of providing a service for which there is an\nimmediate or urgent need from or to a point or points or within a\nterritory. Applications for temporary authority shall contain such\ninformation as the commissioner by regulation may prescribe.\n 2. Temporary authority as a common or contract carrier of property\nshall:\n (a) create no presumption that corresponding permanent authority be\ngranted;\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 3. 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