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This entry was published on 2015-04-17
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SECTION 153
Issuance of temporary authority
Transportation (TRA) CHAPTER 61-A, ARTICLE 7
§ 153. Issuance of temporary authority. 1. A temporary certificate of
public convenience and necessity to operate as a common carrier of
passengers may be issued by the commissioner after public notice and
with or without hearing, except as provided in subdivisions five and
seven of this section, to an applicant upon a finding that the applicant
is fit, willing and able to perform a service for which there is an
immediate or urgent need. Such a temporary certificate of public
convenience and necessity may also be issued on the commissioner's own
motion for the purpose of experiment or demonstration when the
commissioner is of the opinion that such action is required by the
public interest.

2. A temporary permit to operate as a contract carrier of passengers
may be issued by the commissioner after public notice and with or
without a hearing, to an applicant upon a finding that the applicant is
fit, willing and able to perform a service, for which there is an
immediate or urgent need.

3. A temporary certificate or a temporary permit will:

(a) create no presumption that corresponding permanent authority will
be granted;

(b) confer no proprietary or property rights in the use of the
highways;

(c) be granted for a period not to exceed six months, which may be
renewed by the commissioner for good cause shown; and

(d) be subject to any conditions deemed to be appropriate by the
commissioner.

4. Notwithstanding any other provision of law, if the commissioner
determines that, due to emergency conditions, there is not sufficient
time to process an application for temporary authority under this
section, the commissioner may grant emergency temporary authority
pursuant to such conditions and regulations that may be prescribed by
the commissioner. Unless suspended or revoked, such emergency temporary
authority shall be granted for not more than thirty days.

5. If any application for authority to operate a bus line through a
county, city, village or town or in or through a territory or district
served by a bus line or a public transportation authority created
pursuant to titles nine, eleven, eleven-A eleven-B, eleven-C and
eleven-D of article five of the public authorities law is protested by
any such municipality, bus line, or public transportation authority, and
a hearing on such application is requested, then no temporary authority
shall be granted prior to a hearing held on such application. The
commissioner shall consider any reasonable conditions required of the
applicant by such municipality regarding routing and franchise
requirements and, in cities having a population of over one million
persons the commissioner shall adopt the intracity routing requirements
to the proposed destination point or points that are established by any
such city, provided that such city furnishes the routing requirements to
the commissioner within sixty days of the filing of the application with
the department. In addition the commission shall adopt insurance
requirements provided for by any such city. Except for the routing and
insurance requirements in cities having a population of over one million
persons, the commissioner shall impose conditions on the applicant
deemed to be reasonable and in the public interest as a condition to any
authority granted.

6. Notwithstanding any other provision of law, on any application for
temporary authority to operate a bus line originating or terminating in
any city, the commissioner shall, in addition to the requirements
specified in subdivision one of this section, also consider and evaluate
the application and any objections to the application in accordance with
the following criteria:

(a) The adequacy of the existing mass transit and mass transportation
facilities to meet the transportation needs of any particular segment of
the general public for the proposed service; and

(b) The impact that the proposed operation may have on any existing
mass transit or mass transportation facilities.

7. If any application to operate a van service originating or
terminating within a city is protested by the governing body of such
city, a bus line operating in said city or a public transportation
authority created pursuant to titles nine, eleven, eleven-A, eleven-B,
eleven-C and eleven-D of article five of the public authorities law
whose territory or district includes said city, and a hearing is
requested, such hearing shall be held. Based on the evidence submitted
at such hearing the commissioner shall, in addition to the requirements
specified in subdivision one hereof, consider and evaluate the
application and the objections to the application in accordance with the
following criteria:

(a) The adequacy of the existing mass transit and mass transportation
facilities to meet the transportation needs of any particular segment of
the general public for the proposed service; and

(b) The impact that the proposed operation may have on any existing
mass transit or mass transportation facilities.

8. When an applicant proposes to operate a bus line or van service
into a city that has adopted an ordinance, local law or charter to
regulate or franchise bus lines and the commissioner determines that
those portions of the proposed operation that are not wholly within such
a city are not integral to the entire operation, such application shall
be denied.