NY Transp L § 154 (2021)
2021 New York Laws TRA - Transportation Article 7 - Carriers of Passengers by Motor Vehicles 154 - Issuance of a Permanent Certificate.

§ 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.