174 - Issuance of permanent certificate. - New York Statutes

§ 174. Issuance of permanent certificate. 1. A permanent certificate to operate as a common carrier of property may be issued by the commissioner to a qualified applicant with or without hearing, but upon notice to all interested parties, authorizing such applicant to provide transportation as a common carrier of property. Applications for a permanent certificate shall contain such information as the commissioner by regulation may prescribe and shall be accompanied by a filing fee as prescribed in section one hundred forty-four of this chapter. The application for a permanent certificate shall be granted if the commissioner finds that: (a) the applicant is fit, willing and able to provide the transportation to be authorized by the certificate and to comply with this chapter and the regulations of the commissioner; and (b) that the service proposed will be required by the present or future public convenience and necessity. 2. The provisions of paragraph (b) of subdivision one of this section shall not apply to applications for authority to provide transportation of shipments weighing one hundred pounds or less when transported in a motor vehicle in which no one package exceeds one hundred pounds. 3. No permanent certificate issued under this section shall confer any proprietary or property rights in the use of the highways.