§ 193 — Permanent certificate

§ 193. Permanent certificate. 1. A permanent certificate to operate as\na common carrier of household goods by motor vehicle may be issued by\nthe commissioner after notice and with or without hearing to a carrier\nwhich has held a probationary certificate for at least six months if the\ncommissioner determines that the holder is fit, willing and able to hold\na permanent certificate.\n 2. In determining whether to grant or deny a permanent certificate\npursuant to subdivision one of this section, the commissioner shall\nconsider the carrier's actual operating experience while holding a\nprobationary certificate and the manner in which that carrier has\nconducted itself with the public. Protests to the grant of a permanent\ncertificate pursuant to subdivision one of this section shall be limited\nto evidence on the carrier's fitness to provide service.\n 3. Unless an applicant proposes to provide service in a more limited\ngeographic area, a permanent certificate issued pursuant to subdivision\none of this section will entitle the holder thereof to provide service\nas a common carrier of household goods by motor vehicle 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 4. A permanent certificate to operate as a common carrier of household\ngoods by motor vehicle in a broader geographic area than specified in\nsubdivision three of this section may be issued by the commissioner\nafter public notice and with or without hearing if the commissioner\nfinds 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) that the service proposed will be required by the present or\nfuture public convenience and necessity.\n 5. Persons holding a permanent certificate will be subject to a\ncontinuing requirement of being fit, willing and able and if, after\nnotice and hearing, the commissioner finds that any person holding a\npermanent certificate under this article is willfully failing to comply\nwith the continuing fit, willing and able requirement, the commissioner\nmay suspend or revoke the permanent certificate in whole or in part.\n 6. Permanent certificates issued pursuant to subdivision one of this\nsection shall have no application fee.\n 7. Permanent certificates shall not confer any proprietary or property\nrights in the use of the highways.\n