§ 192. Probationary certificate.
1.A probationary certificate to\noperate as a common carrier of household goods by motor vehicle may be\nissued by the commissioner to a qualified applicant after public notice\nand with or without hearing. The application shall contain such\ninformation as the commissioner by regulation shall prescribe. A\nprobationary certificate shall:\n (a) create no presumption that a corresponding permanent certificate\nwill be 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 one year, which may be\nrenewed for an additional one year period by the commissioner; and\n (d) be subject to any conditions deemed appropriate by the\ncommissioner to be in the public interest.\n 2. The comm
Free access — add to your briefcase to read the full text and ask questions with AI
§ 192. Probationary certificate. 1. A probationary certificate to\noperate as a common carrier of household goods by motor vehicle may be\nissued by the commissioner to a qualified applicant after public notice\nand with or without hearing. The application shall contain such\ninformation as the commissioner by regulation shall prescribe. A\nprobationary certificate shall:\n (a) create no presumption that a corresponding permanent certificate\nwill be 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 one year, which may be\nrenewed for an additional one year period by the commissioner; and\n (d) be subject to any conditions deemed appropriate by the\ncommissioner to be in the public interest.\n 2. The commissioner shall issue a probationary certificate to a person\nauthorizing that person to provide transportation of household goods by\nmotor vehicle if the commissioner finds that the applicant is fit,\nwilling and able to provide the transportation authorized by the\nprobationary certificate and to comply with this chapter and the\nregulations of the commissioner. Unless an applicant proposes to provide\nservice in a more limited geographic area, a probationary certificate\nissued pursuant to this section will entitle the holder thereof to\nprovide service as a common carrier of household goods between all\npoints within a base region which shall consist of each county wherein\nthe applicant maintains a bona fide place of business and all adjoining\ncounties; and, between all points within the base region, as described\nabove, on the one hand, and, on the other, all points in the state. For\nthe purposes of this section, the counties of Bronx, Kings, New York,\nQueens and Richmond shall be considered as one county.\n 3. Probationary certificates may be revoked, renewed or converted into\na permanent certificate by the commissioner with or without hearing when\nthe commissioner deems it in the public interest to do so.\n 4. Protests to applications for a probationary certificate will be\nlimited to evidence on the applicant's fitness to provide service.\n 5. A probationary certificate may not be assigned, transferred or\nleased in any manner.\n