NY Transp L § 153 (2021)
2021 New York Laws TRA - Transportation Article 7 - Carriers of Passengers by Motor Vehicles 153 - Issuance of Temporary Authority.

§ 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.