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This entry was published on 2015-04-17
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SECTION 192
Probationary certificate
Transportation (TRA) CHAPTER 61-A, ARTICLE 9
§ 192. Probationary certificate. 1. A probationary certificate to
operate as a common carrier of household goods by motor vehicle may be
issued by the commissioner to a qualified applicant after public notice
and with or without hearing. The application shall contain such
information as the commissioner by regulation shall prescribe. A
probationary certificate shall:

(a) create no presumption that a corresponding permanent certificate
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 one year, which may be
renewed for an additional one year period by the commissioner; and

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

2. The commissioner shall issue a probationary certificate to a person
authorizing that person to provide transportation of household goods by
motor vehicle if the commissioner finds that the applicant is fit,
willing and able to provide the transportation authorized by the
probationary certificate and to comply with this chapter and the
regulations of the commissioner. Unless an applicant proposes to provide
service in a more limited geographic area, a probationary certificate
issued pursuant to this section will entitle the holder thereof to
provide service as a common carrier of household goods between all
points within a base region which shall consist of each county wherein
the applicant maintains a bona fide place of business and all adjoining
counties; and, between all points within the base region, as described
above, on the one hand, and, on the other, all points in the state. For
the purposes of this section, the counties of Bronx, Kings, New York,
Queens and Richmond shall be considered as one county.

3. Probationary certificates may be revoked, renewed or converted into
a permanent certificate by the commissioner with or without hearing when
the commissioner deems it in the public interest to do so.

4. Protests to applications for a probationary certificate will be
limited to evidence on the applicant's fitness to provide service.

5. A probationary certificate may not be assigned, transferred or
leased in any manner.