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This entry was published on 2015-04-17
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SECTION 154
Issuance of a permanent certificate
Transportation (TRA) CHAPTER 61-A, ARTICLE 7
§ 154. Issuance of a permanent certificate. 1. The commissioner may
issue a permanent certificate of public convenience and necessity to
operate as a common carrier of passengers to an applicant with or
without hearing, except as provided in subdivisions two and seven of
this section, but upon notice to all interested parties. 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 hearing on such
application is requested then no permanent 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 commissioner 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 requirements on the applicant deemed to be
reasonable and in the public interest as a condition to any authority
granted. 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) the service proposed will be required by the present or future
public convenience and necessity.

2. Notwithstanding any other provision of law, on any application for
permanent 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.

3. Any person holding a permanent certificate of public convenience
and necessity to provide bus line service shall be granted authority
upon application therefor, without a hearing or notice, to transport
chartered or special parties to all points in the state under such rules
and regulations as the commissioner shall prescribe.

4. Any person holding a permanent certificate of public convenience
and necessity to provide bus line service shall be granted authority
upon application therefor, without a hearing or notice, to transport
shipments of property not exceeding one hundred pounds within the scope
of its bus line certificate under such rules and regulations as the
commissioner shall prescribe.

5. No certificate issued under this article shall confer any
proprietary or property rights in the use of the highways.

6. Any person holding a permanent certificate to provide bus line
service shall not discontinue service on any route unless an application
is made to the commissioner and the commissioner approves such
application upon a finding that the public convenience and necessity no
longer requires such bus line service.

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.