reglab/statecodes huggingface dataset:
2023 New York Laws › TRA - Transportation › Article 5 - The Powers of the Commissioner in Respect to Common Carriers › 126 - Uniform System of Accounts; Access to Accounts; Forfeitures.

§ 126. Uniform  system  of  accounts; access to accounts; forfeitures.
  The commissioner may, whenever he deems advisable, establish a system of
  accounts to be  used  by  common  carriers  which  are  subject  to  his
  supervision, or may classify the said carriers and prescribe a system of
  accounts  for  each  class,  and  may prescribe the manner in which such
  accounts shall be kept. He may also  in  his  discretion  prescribe  the
  forms  of  accounts,  records and memoranda to be kept by such carriers,
  including the accounts, records and memoranda of the movement of traffic
  as  well  as  the  receipts  and  expenditures  of  moneys.  Notice   of
  alterations  by  the  commissioner  in  the  required  method or form of
  keeping a system of accounts shall be given to such persons or  carriers
  by  the  commissioner  at  least  six months before the same are to take
  effect. The system of accounts established by the commissioner  and  the
  forms  of  accounts, records and memoranda prescribed by him as provided
  above shall conform in the case of railroad companies as nearly  as  may
  be  to  those from time to time established and prescribed by the United
  States department of transportation under the provisions of the  act  of
  congress  entitled  "An  act  to  regulate  commerce"  approved February
  fourth, eighteen hundred eighty-seven, and the acts  amendatory  thereof
  or  supplementary  thereto.  The  commissioner  shall  at all times have
  access to all accounts, records and memoranda kept  by  common  carriers
  and  may designate any officers or employees of the department who shall
  thereupon have authority under the order of the commissioner to  inspect
  and  examine  any  and  all accounts, records and memoranda kept by such
  carriers. The commissioner may, after hearing, prescribe  by  order  the
  accounts  in  which  particular  outlays  and receipts shall be entered,
  charged or credited. At any such hearing the burden of proof shall be on
  the common carrier to establish the correctness of the accounts in which
  such outlays and receipts have been entered, and  the  commissioner  may
  suspend  a charge or credit pending submission of proof by such carrier.
  Where the commissioner has prescribed the forms of accounts, records and
  memoranda to be kept by such carriers it shall be unlawful for  them  to
  keep  any other accounts, records or memoranda than those so prescribed,
  or those prescribed by or under authority of the United States.
2023 New York Laws › TRA - Transportation › Article 5 - The Powers of the Commissioner in Respect to Common Carriers › 127 - Franchises and Privileges.

§ 127. Franchises  and  privileges.  Without first having obtained the
  permission and approval of the  commissioner  no  common  carrier  shall
  begin  the  construction  of  a  railroad  or  street  railroad,  or any
  extension thereof, for which a certificate  of  public  convenience  and
  necessity  shall  not  have  been  granted  by  the  board  of  railroad
  commissioners or where prior to said time said common carrier shall  not
  have  become entitled by virtue of its compliance with the provisions of
  the railroad law to  begin  such  construction;  nor,  except  as  above
  provided  in  this  section,  shall any such common carrier exercise any
  franchise or right under any provision of the railroad law,  or  of  any
  other  law,  not  heretofore  lawfully  exercised,  without first having
  obtained  the  permission  and  approval  of   the   commissioner.   The
  commissioner  shall  have  power  to  grant  the permission and approval
  herein specified whenever he shall after due hearing determine that such
  construction or such exercise of the franchise or privilege is necessary
  or convenient for the public service.
2023 New York Laws › TRA - Transportation › Article 5 - The Powers of the Commissioner in Respect to Common Carriers › 130 - Reorganizations.

§ 130. Reorganizations.   1.   Corporate   reorganizations  of  common
  carriers shall be subject to the approval of the commissioner.
2.  Upon  all  such  reorganizations  the  amount  of  capitalization,
  including   therein   all   stocks  and  bonds  and  other  evidence  of
  indebtedness, shall be such as is authorized by the commissioner  which,
  in  making  his  determination,  shall  not exceed the fair value of the
  property involved,  taking  into  consideration  its  original  cost  of
  construction,  duplication  cost,  present  condition,  earning power at
  reasonable rates and all other relevant matters and any  additional  sum
  or  sums  as shall be actually paid in cash, provided, however, that the
  commissioner  may  make  due  allowance  for  discount  of  bonds.   Any
  reorganization agreement before it becomes effective shall be amended so
  that the amount of capitalization shall conform to the amount authorized
  by the commissioner.
2023 New York Laws › TRA - Transportation › Article 5 - The Powers of the Commissioner in Respect to Common Carriers › 131 - Forfeiture; Penalties.

§ 131. Forfeiture;   penalties.   1.  Every  common  carrier  and  all
  officers, and agents of any  common  carrier  shall  obey,  observe  and
  comply  with  every  order  made by the commissioner so long as the same
  shall be and remain in force. Any common carrier which shall violate any
  provision of law requiring the consent, permission or  approval  of  the
  commissioner  for  the  performance  of an act, or which fails, omits or
  neglects to obey, observe or comply with any order or any  direction  or
  requirement  of  the  commissioner,  shall  forfeit to the people of the
  state of New York not to exceed the sum of  five  thousand  dollars  for
  each  offense;  every  violation  of  any  such  order  or  direction or
  requirement, or of law, shall be a separate and distinct  offense,  and,
  in case of a continuing violation, every day's continuance thereof shall
  be a separate and distinct offense.
2.  Every  officer  and  agent  of  any  such common carrier who shall
  violate, or who procures, aids or abets any violation by any such common
  carrier of any provision of law requiring  the  consent,  permission  or
  approval of the commissioner for the performance of an act, or who shall
  fail  to  obey, observe and comply with any order of the commissioner or
  any provision of an order of the commissioner, or who procures, aids  or
  abets any such common carrier in its failure to obey, observe and comply
  with any such order or provision, shall be guilty of a misdemeanor.
2023 New York Laws › TRA - Transportation › Article 5 - The Powers of the Commissioner in Respect to Common Carriers › 131-A - Penalties for Violations.

§  131-a.  Penalties  for  violations.  1.  Any  railroad company that
  operates as a common carrier that violates any provision of article five
  of this chapter and regulations promulgated pursuant thereto shall, upon
  direction by the commissioner, be liable for a penalty  payable  to  the
  people  of  the  state  of  New  York  in  the amount not to exceed five
  thousand dollars.
2. Any railroad company that operates as a common carrier of  property
  that  violates  any  provision  of  article  five  of  this  chapter and
  regulations promulgated pursuant thereto with respect  to  one  or  more
  freight  cars  required  to  be placarded by federal hazardous materials
  regulations shall, upon direction by the commissioner, be liable  for  a
  penalty  payable to the people of the state of New York in an amount not
  to exceed fifteen thousand dollars.
3. Each violation shall be a separate and distinct  offense,  and,  in
  case of a continuing violation, every day's continuance thereof shall be
  a separate and distinct offense.
4.   Before  imposing  a  penalty  set  forth  in  this  section,  the
  commissioner shall afford the railroad company notice and an opportunity
  to be heard.  In assessing the penalty, the  commissioner  may  consider
  the following:
a.  the  railroad  company's  history  of  violating  the  law  or the
  regulations of the commissioner;
b. if the violation arises  out  of  an  accident,  whether  death  or
  serious  injury  occurred  as  a  result  of  the  accident, whether the
  accident resulted in an evacuation of the general public for one hour or
  more, and whether the accident  resulted  in  the  closure  of  a  major
  transportation artery or facility for one hour or more; and
c. any other factors the commissioner deems relevant.
5.  If such penalty is not paid within four months, the amount thereof
  may be entered as a judgment in the office of the clerk of the county of
  Albany and in any other county in which the railroad company has a place
  of business or through which it operates.
2023 New York Laws › TRA - Transportation › Article 5 - The Powers of the Commissioner in Respect to Common Carriers › 132 - Enforcement Proceedings.

§ 132. Enforcement  proceedings.  Whenever the commissioner shall find
  that a common carrier subject to his supervision is failing or  omitting
  or  about  to  fail  or  omit to do anything required of it by law or by
  order of the commissioner, or is doing anything or about to do  anything
  or  permitting  anything  or  about  to  permit  anything to be done, in
  violation of law or of any order of the commissioner, he shall direct an
  attorney employed by the department to commence  an  action  or  special
  proceeding  in the supreme court in the name of the commissioner for the
  purpose of having such violations or threatened violations  stopped  and
  prevented.  Such  attorney  shall  thereupon  begin an action or special
  proceeding  alleging  the  violation  complained  of  and  praying   for
  appropriate  relief.   In case of default in answer or after answer, the
  court shall immediately inquire into the facts and circumstances in such
  manner as the court shall direct without other or formal pleadings,  and
  without  respect  to  any  technical  requirement. Such other persons or
  corporations as the court shall deem necessary  or  proper  to  join  as
  parties  in  order  to  make  its  judgment  effective, may be joined as
  parties upon application. The final  judgment  in  any  such  action  or
  special proceeding shall either dismiss the action or special proceeding
  or direct judgment as prayed for in the complaint or petition or in such
  modified   or  other  form  as  the  court  may  determine  will  afford
  appropriate relief.
2023 New York Laws › TRA - Transportation › Article 5 - The Powers of the Commissioner in Respect to Common Carriers › 133 - Penalties for Other Than Common Carriers.

§ 133. Penalties  for  other than common carriers. 1. Any corporation,
  other than a common carrier which shall violate this chapter,  or  shall
  fail  to  obey,  observe  and  comply  with  every  order  made  by  the
  commissioner under authority of this chapter so long as the  same  shall
  be  and remain in force, shall forfeit to the people of the state of New
  York a sum not exceeding one thousand dollars for  each  offense;  every
  such violation shall be a separate and distinct offense, and the penalty
  or  forfeiture  thereof  shall  be recovered in an action as provided in
  section ninety.
2. Every person who, either individually or acting as  an  officer  or
  agent  of  a corporation other than a common carrier, shall violate this
  chapter, or fail to obey, observe or comply with any order made  by  the
  commissioner  under  this chapter so long as the same shall be or remain
  in force, or who shall procure, aid or abet any such corporation in  its
  violation  of this chapter, or in its failure to obey, observe or comply
  with any such order, shall be guilty of a misdemeanor.
3. In construing and enforcing the provisions of this chapter relating
  to forfeitures and penalties the act of any director, officer  or  other
  person  acting  for  or  employed  by any common carrier or corporation,
  acting within the scope of his official duties or employment,  shall  be
  in  every  case  and  be  deemed to be the act of such common carrier or
  corporation.
2023 New York Laws › TRA - Transportation › Article 5 - The Powers of the Commissioner in Respect to Common Carriers › 134 - Duties of Commissioner as to Interstate Traffic.

§ 134. Duties   of   commissioner   as   to  interstate  traffic.  The
  commissioner may investigate interstate freight or  passenger  rates  or
  interstate  freight  or passenger service on railroads within the state,
  and when such rates are, in the opinion of the  commissioner,  excessive
  or  discriminatory  or  are  levied  or  laid in violation of the act of
  congress entitled "An  act  to  regulate  commerce,"  approved  February
  fourth,  eighteen  hundred  and  eighty-seven,  and  the acts amendatory
  thereof and supplementary thereto, or  in  conflict  with  the  rulings,
  orders or regulations of the United States department of transportation,
  the  commissioner  may apply by petition to the United States department
  of transportation for  relief  or  may  present  to  the  United  States
  department  of  transportation  all facts coming to his knowledge, as to
  violations of the rulings, orders, or regulations of that commission  or
  as to violations of the said act to regulate commerce or acts amendatory
  thereof or supplementary thereto.
2023 New York Laws › TRA - Transportation › Article 6 - Matters Relating to All Motor Carriers › 137 - Transportation Policy.

§ 137. Transportation  policy.  It is hereby declared to be the policy
  of this state to regulate  transportation  by  motor  carriers  in  such
  manner  as  to  recognize  and  preserve the inherent advantages of, and
  foster sound economic conditions in such transportation and  among  such
  carriers  in the public interest; promote safe, adequate, economical and
  efficient service by motor carriers, and  reasonable  charges  therefor,
  without  unjust  discriminations,  undue  preferences or advantages, and
  unfair or  destructive  competitive  practices;  improve  the  relations
  between,  and  coordinate  transportation  by  and  regulation  of motor
  carriers and other carriers.
2023 New York Laws › TRA - Transportation › Article 6 - Matters Relating to All Motor Carriers › 139 - Insurance Requirements.

§ 139. Insurance  requirements.  No  certificate  or  permit  shall be
  issued to a motor carrier  or  remain  in  force,  unless  such  carrier
  complies  with  such  rules  and  regulations  as the commissioner shall
  prescribe governing the filing and approval of surety bonds, policies of
  insurance, qualification  as  a  self-insurer  or  other  securities  or
  agreements.
2023 New York Laws › TRA - Transportation › Article 6 - Matters Relating to All Motor Carriers › 141 - Orders, Notices and Service.

§ 141. Orders,  notices  and  service.  Every  motor carrier operating
  pursuant to a certificate or permit issued under this chapter shall file
  with the commissioner a designation in writing  of  the  name  and  post
  office  address  of  a  person  upon whom or which service of notices or
  orders may be made. Such designation may from time to time be changed by
  like writing similarly filed. In default of such designation, service of
  any notice or order may  be  made  by  posting  in  the  office  of  the
  commissioner.  Whenever  notice  is given by mail as provided herein the
  date of mailing shall be considered as the time when notice is served.
2023 New York Laws › TRA - Transportation › Article 6 - Matters Relating to All Motor Carriers › 143 - Vehicle Identification.

§ 143. Vehicle  identification.  It  shall  be  unlawful for any motor
  carrier holding a certificate or permit from the commissioner to operate
  any motor vehicle upon the highways of this state unless there is firmly
  affixed to such motor vehicle proper identification in  accordance  with
  the rules and regulations promulgated by the commissioner.
2023 New York Laws › TRA - Transportation › Article 6 - Matters Relating to All Motor Carriers › 144 - Fees and Charges.

§  144.  Fees  and  charges. The commissioner or authorized officer or
  employee of the department shall charge and collect eighty-five  dollars
  for  the  inspection  or reinspection of all motor vehicles transporting
  passengers subject to the department's inspection requirements  pursuant
  to  section  one  hundred  forty of this article, except such: (a) motor
  vehicles  operated  under  contract  with  a  municipality  to   provide
  statewide mass transportation operating assistance eligible service; (b)
  motor  vehicles  operated  under  contract with a municipality or school
  district to provide school-related transportation  services;  (c)  motor
  vehicles   authorized   by   the   commissioner  of  health  to  provide
  non-emergency medical transportation services; and  (d)  motor  vehicles
  used  primarily  to  transport passengers pursuant to subparagraphs (i),
  (iii), (iv), and (v) of paragraph a of subdivision two  of  section  one
  hundred forty of this article. The department may deny inspection of any
  motor  vehicle  transporting  passengers  subject  to  the  department's
  inspection requirements if such fee is not paid within  ninety  days  of
  the date noted on the department invoice.
2023 New York Laws › TRA - Transportation › Article 6 - Matters Relating to All Motor Carriers › 147 - Dogs Accompanying Persons With a Disability.

§ 147. Dogs  accompanying  persons  with a disability. Subject to such
  rules and regulations as the commissioner may prescribe, all common  and
  contract  carriers  of  passengers by motor vehicle shall permit a guide
  dog, hearing dog or service dog as defined in section  forty-seven-b  of
  the civil rights law accompanying a person with a disability, as defined
  in  subdivision  twenty-one  of  section  two  hundred ninety-two of the
  executive law, to accompany, to guide, or otherwise to aid such  person,
  to  ride on all vehicles operated for transportation and no charge shall
  be made for the transportation of such dog.
2023 New York Laws › TRA - Transportation › Article 7 - Carriers of Passengers by Motor Vehicles › 152 - Certificate and Permit Requirement.

§ 152. Certificate  and  permit  requirement.  1. No person or persons
  shall engage  in  intrastate  transportation  as  a  common  carrier  of
  passengers  by  motor  vehicle  on  any  highway  in this state, or hold
  themselves out by  advertising  or  any  other  means  to  provide  such
  transportation,  unless there is in force with respect to such person or
  persons a certificate issued by the commissioner.
2. No person or persons shall engage in intrastate transportation as a
  contract carrier of passengers by motor vehicle on any highway  in  this
  state,  or  hold  themselves  out  by  advertising or any other means to
  provide such transportation, unless there is in force  with  respect  to
  such person or persons a permit issued by the commissioner.
3.  Applications  for certificates or permits shall be made in writing
  to the commissioner, be verified under oath, and shall be in  such  form
  and  contain  such  information  as  the  commissioner by regulation may
  require. The commissioner shall provide for publication of a  notice  of
  the application.
2023 New York Laws › TRA - Transportation › Article 7 - Carriers of Passengers by Motor Vehicles › 155 - Issuance of a Permanent Permit.

§ 155. Issuance  of  a  permanent  permit.  1.  A  permanent permit to
operate as a contract  carrier  of  passengers  may  be  issued  by  the
commissioner  to an applicant with or without a hearing, but upon notice
to  all  interested  parties,  authorizing  such  applicant  to  provide
transportation  as a contract carrier of passengers. The application for
a permanent permit 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 permit and to comply with this
chapter and the regulations of the commissioner; and
(b) the proposed service is or will  be  consistent  with  the  public
interest  and the policy declared in section one hundred thirty-seven of
this chapter.
2. No permit issued under this article shall confer any proprietary or
property rights in the use of the highways.
2023 New York Laws › TRA - Transportation › Article 7 - Carriers of Passengers by Motor Vehicles › 156 - Amendment, Revocation and Transfer of Certificates and Permits.

§ 156. Amendment, revocation and transfer of certificates and permits.
  1.  Certificates  and permits shall be effective from the date specified
  therein, and shall remain in effect until terminated as herein provided.
  Any such certificate or permit may, upon application of the  holder  and
  in  the  discretion of the commissioner, be amended or revoked, in whole
  or in part, or may be suspended, cancelled, revoked or modified pursuant
  to section one hundred forty-five of this chapter.
2. Any certificate or permit may  be  suspended  by  the  commissioner
  without  hearing  for  failure  to  file  or  keep  in force a tariff as
  required by section one hundred fifty-eight of this article, for failure
  to comply  with  the  insurance  requirements  of  section  one  hundred
  thirty-nine  of  this  chapter;  for  failure  to file annual reports as
  required by the regulations of the commissioner or for failure to adhere
  to the safety requirements of section one hundred forty of this chapter.
  Any such certificate or permit so suspended may thereafter be revoked in
  no less than thirty days after the date of  suspension  ordered  by  the
  commissioner  without  hearing  if  the carrier does not comply with the
  tariff, insurance, annual reporting or safety requirements.
3. Certificates or permits shall not be assigned  or  transferred,  in
  any  manner,  nor  shall  the  right to operate under any certificate or
  permit be leased without prior approval of the  commissioner  upon  such
  notice  as  the  commissioner  shall  deem  appropriate. The assignment,
  transfer or lease of certificates or permits or  the  right  to  operate
  under  any  certificate  or  permit,  shall  not  be approved unless the
  commissioner shall find that it is in the public interest to do so.  All
  applications for transfer or lease must be in such form as prescribed by
  the commissioner.
2023 New York Laws › TRA - Transportation › Article 8 - Carriers of Property by Motor Vehicle › 172 - Certificate and Permit Requirement.

§ 172. Certificate  and  permit  requirement.  1. No person or persons
  shall engage  in  intrastate  transportation  as  a  common  carrier  of
  property  by  motor  vehicle  on  any  highway  in  this  state  or hold
  themselves out by  advertising  or  any  other  means  to  provide  such
  transportation  unless  there is in force with respect to such person or
  persons a certificate issued by the commissioner.
2. No person or persons shall engage in intrastate transportation as a
  contract carrier of property by motor vehicle on  any  highway  in  this
  state  or  hold  themselves  out  by  advertising  or any other means to
  provide such transportation unless there is in  force  with  respect  to
  such person or persons a permit issued by the commissioner.
3.  Applications  for certificates or permits shall be made in writing
  to the commissioner, be verified under oath, and shall be in  such  form
  and  contain  such  information  as  the  commissioner by regulation may
  require. The commissioner shall provide for publication of a  notice  of
  the application to all interested parties.
2023 New York Laws › TRA - Transportation › Article 8 - Carriers of Property by Motor Vehicle › 173 - Issuance of Temporary Authority.

§ 173. Issuance  of temporary authority. 1. A temporary certificate or
permit to operate as a common or contract carrier  of  property  may  be
issued  by  the  commissioner to a qualified applicant with or without a
hearing for the purpose of providing a service for  which  there  is  an
immediate  or  urgent  need  from  or  to  a point or points or within a
territory. Applications  for  temporary  authority  shall  contain  such
information as the commissioner by regulation may prescribe.
2.  Temporary  authority  as  a common or contract carrier of property
shall:
(a) create no presumption that corresponding  permanent  authority  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.
3. 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.
2023 New York Laws › TRA - Transportation › Article 8 - Carriers of Property by Motor Vehicle › 174 - Issuance of Permanent Certificate.

§ 174. Issuance  of  permanent certificate. 1. A permanent certificate
to operate as a  common  carrier  of  property  may  be  issued  by  the
commissioner  to a qualified applicant with or without hearing, but upon
notice to all interested parties, authorizing such applicant to  provide
transportation  as  a  common  carrier  of  property. Applications for a
permanent certificate shall contain such information as the commissioner
by regulation may prescribe. 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) that the service proposed will  be  required  by  the  present  or
future public convenience and necessity.
2.  The provisions of paragraph (b) of subdivision one of this section
shall not apply to applications for authority to provide  transportation
of  shipments  weighing one hundred pounds or less when transported in a
motor vehicle in which no one package exceeds one hundred pounds.
3. No permanent certificate issued under this section shall confer any
proprietary or property rights in the use of the highways.
2023 New York Laws › TRA - Transportation › Article 8 - Carriers of Property by Motor Vehicle › 175 - Issuance of Permanent Permit.

§ 175. Issuance  of permanent permit. 1. A permanent permit to operate
as a contract carrier of property may be issued by the  commissioner  to
an  applicant with or without hearing, but upon notice to all interested
parties authorizing  such  applicant  to  provide  transportation  as  a
contract  carrier  of  property.  The application for a permanent permit
shall be granted if the commissioner finds that:
(a)  the  applicant  is  fit,  willing  and  able   to   provide   the
transportation  to be authorized and to comply with this chapter and the
regulations of the commissioner; and
(b) the proposed service to the extent authorized will  be  consistent
with  the public interest and the policy declared in section one hundred
thirty-seven of this chapter.
2. No permit issued under this article shall confer any proprietary or
property rights in the use of the highways.
2023 New York Laws › TRA - Transportation › Article 8 - Carriers of Property by Motor Vehicle › 176 - Holding Certificates and Permits.

§ 176. Holding  certificates  and  permits.  No person may at the same
  time hold a certificate as a common carrier and a permit as  a  contract
  carrier  authorizing  operation  for  the  transportation of property by
  motor vehicle within the same territory, unless for  good  cause  shown,
  the  commissioner shall find that holding such certificate and permit is
  consistent with  the  transportation  policy  declared  in  section  one
  hundred thirty-seven of this chapter.
2023 New York Laws › TRA - Transportation › Article 8 - Carriers of Property by Motor Vehicle › 177 - Amendment, Revocation and Transfer of Certificates and Permits.

§ 177. Amendment, revocation and transfer of certificates and permits.
  1.  Certificates  and permits shall be effective from the date specified
  therein, and shall remain in effect until terminated as herein provided.
  Any such certificate or permit may, upon application of the  holder  and
  in  the  discretion of the commissioner, be amended or revoked, in whole
  or in part, or may be suspended, cancelled, revoked or modified pursuant
  to section one hundred forty-five of this chapter.
2. Any certificate or permit may  be  suspended  by  the  commissioner
  without  hearing  for  failure  to  file  or keep in force a tariff or a
  contract as required  by  sections  one  hundred  seventy-nine  and  one
  hundred eighty of this article; for failure to comply with the insurance
  requirements  of  section  one  hundred thirty-nine of this chapter; for
  failure to file annual reports as required by  the  regulations  of  the
  commissioner;  or  for  failure  to adhere to the safety requirements of
  section one hundred forty of  this  chapter.  Any  such  certificate  or
  permit  so  suspended  may  thereafter be revoked in no less than thirty
  days after the date of suspension ordered by  the  commissioner  without
  hearing  if  the  carrier  does  not  comply  with the tariff, contract,
  insurance, annual reporting or safety requirements.
3. Certificates or permits  shall  not  be  assigned,  transferred  or
  leased  in  any  manner  nor  shall  the  right  to  operate  under  any
  certificate  or  permit  be  leased  without  prior  approval   of   the
  commissioner,   upon   such   notice  as  the  commissioner  shall  deem
  appropriate. The assignment, transfer or lease of a certificate, or  the
  right to operate under any certificate, shall not be approved unless the
  commissioner  shall find that it is in the public interest to do so. All
  applications for assignment, transfer or lease must be in such  form  as
  prescribed by the commissioner.
2023 New York Laws › TRA - Transportation › Article 8 - Carriers of Property by Motor Vehicle › 181 - Liability for Damage to Property in Transit.

§ 181. Liability  for  damage  to  property  in  transit. Every common
  carrier of property by motor vehicle shall, upon demand, issue either  a
  receipt  or  a  bill  of  lading  for  all  property delivered to it for
  transportation. No contract, stipulation or clause  in  any  receipt  or
  bill  of  lading  shall  exempt  any common carrier of property by motor
  vehicle from any liability for loss, damage or injury caused  by  it  to
  property from the time of its delivery for transportation until the same
  shall  have been received at its destination and a reasonable time shall
  have elapsed after notice to the consignee of such arrival to permit the
  removal of such property and inspection; provided,  however,  that  when
  expressly  authorized or required by order of the commissioner a carrier
  may establish and maintain rates dependent upon the  value  declared  in
  writing  by  the shipper or agreed upon in writing as the released value
  of the property, in which case such declaration or agreement shall  have
  no  other  effect  than to limit liability and recovery to an amount not
  exceeding the value so declared or released and shall  not,  so  far  as
  relates to values, be held to violate this article. Every common carrier
  of  property  by  motor  vehicle shall be liable for all loss, damage or
  injury to property caused by delay in transit due  to  negligence  while
  the  same  is  being  carried  by  it,  but in any action to recover for
  damages sustained by delay in transit the burden of proof shall be  upon
  the defendant to show that such delay was not due to negligence. Nothing
  in  this  section  shall  deprive  any holder of such receipt or bill of
  lading of any remedy or right of action  which  such  holder  has  under
  existing law.
2023 New York Laws › TRA - Transportation › Article 9 - Carriers of Household Goods by Motor Vehicle › 190 - Application of Article.

§ 190. Application  of  article.  This  article  shall apply to common
carriers of property by motor vehicle transporting household goods.  The
provisions of this article shall not apply to:
(a) the transportation of household goods by or for the federal, state
or municipal governments;
(b) the occasional, casual or reciprocal transportation  of  household
goods by any person not engaged in the transportation of household goods
as a regular occupation or business;
(c)  the transportation of household goods as defined in paragraph (c)
of subdivision  fifteen  of  section  two  of  this  chapter  when  such
transportation  is  wholly  within  a municipality or between contiguous
municipalities  or  within  a  commercial  zone  as   defined   by   the
commissioner  that  is  adjacent  to  and  commercially  a  part  of any
municipality or municipalities except when such transportation is  under
a  common  control, management, or arrangement for a continuous carriage
or shipment by motor  vehicle  to  or  from  a  point  outside  of  such
municipality, municipalities or commercial zone;
(d)  the transportation of household goods as defined in paragraph (c)
of subdivision  fifteen  of  section  two  of  this  chapter  when  such
transportation  is performed by a common or contract carrier of property
by motor vehicle authorized  to  transport  such  articles  pursuant  to
article eight of this chapter; or
(e)  the  transportation  of  household goods in private carriage when
such transportation is incidental to and in  furtherance  of  a  primary
business enterprise of such person other than transportation.
2023 New York Laws › TRA - Transportation › Article 9 - Carriers of Household Goods by Motor Vehicle › 191 - Certificate Requirement.

§ 191. Certificate  requirement.  1. No person or persons shall engage
  in intrastate transportation as a common carrier of household  goods  by
  motor  vehicle  on  any highway in this state, or hold themselves out by
  advertising or any other means to provide such service, unless there  is
  in  force  with  respect  to  such  person  a  certificate issued by the
  commissioner.
2. Applications for certificates shall  be  made  in  writing  to  the
  commissioner,  be  verified  under  oath,  and shall be in such form and
  contain such information as the commissioner by regulation may  require.
  The  commissioner  shall  provide  for  publication  of  a notice of the
  application to all interested parties.
2023 New York Laws › TRA - Transportation › Article 9 - Carriers of Household Goods by Motor Vehicle › 192 - Probationary Certificate.

§ 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.
2023 New York Laws › TRA - Transportation › Article 9 - Carriers of Household Goods by Motor Vehicle › 193 - Permanent Certificate.

§ 193. Permanent certificate. 1. A permanent certificate to operate as
a  common  carrier  of household goods by motor vehicle may be issued by
the commissioner after notice and with or without hearing to  a  carrier
which has held a probationary certificate for at least six months if the
commissioner determines that the holder is fit, willing and able to hold
a permanent certificate.
2.  In  determining  whether  to grant or deny a permanent certificate
pursuant to subdivision one of  this  section,  the  commissioner  shall
consider  the  carrier's  actual  operating  experience  while holding a
probationary certificate and  the  manner  in  which  that  carrier  has
conducted  itself  with the public. Protests to the grant of a permanent
certificate pursuant to subdivision one of this section shall be limited
to evidence on the carrier's fitness to provide service.
3. Unless an applicant proposes to provide service in a  more  limited
geographic  area, a permanent certificate issued pursuant to subdivision
one of this section will entitle the holder thereof to  provide  service
as  a  common  carrier  of  household goods by motor vehicle 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.
4. A permanent certificate to operate as a common carrier of household
goods  by  motor  vehicle in a broader geographic area than specified in
subdivision three of this section may  be  issued  by  the  commissioner
after  public  notice  and  with  or without hearing 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) that the service proposed will  be  required  by  the  present  or
future public convenience and necessity.
5.  Persons  holding  a  permanent  certificate  will  be subject to a
continuing requirement of being fit, willing  and  able  and  if,  after
notice  and  hearing,  the  commissioner finds that any person holding a
permanent certificate under this article is willfully failing to  comply
with  the continuing fit, willing and able requirement, the commissioner
may suspend or revoke the permanent certificate in whole or in part.
6. Permanent certificates issued pursuant to subdivision one  of  this
section shall have no application fee.
7. Permanent certificates shall not confer any proprietary or property
rights in the use of the highways.
2023 New York Laws › TRA - Transportation › Article 9 - Carriers of Household Goods by Motor Vehicle › 194 - Agents.

§ 194. Agents.  1.  Each  motor  carrier  providing  transportation of
household goods subject  to  this  article,  and  any  agent  or  agents
employed  or  utilized  by it, shall be jointly and severally liable for
any act or omission or for any violation of this chapter or any order or
regulation of  the  commissioner  in  connection  with  household  goods
transportation subject to the jurisdiction of the commissioner.
2. It shall be unlawful for any motor carrier providing transportation
of household goods to employ any person or motor carrier as an agent who
or  which  is  not  the  lawful  holder  of an effective probationary or
permanent certificate to operate as a common carrier of household  goods
under this article.
3.  The  provisions  of  section  three  hundred  forty of the general
business law shall not apply to  discussions  or  agreements  between  a
motor carrier providing transportation of household goods subject to the
jurisdiction  of  the  commissioner  under  this  chapter and its agents
related solely to:
(a)  rates  for  the  transportation  of  household  goods  under  the
authority of the principal carrier;
(b)  accessorial,  terminal,  storage,  or  other charges for services
incidental to the transportation of household  goods  transported  under
the authority of the principal carrier;
(c) allowances relating to the transportation of household goods under
the authority of the principal carrier; and
(d) ownership of a motor carrier providing transportation of household
goods subject to the jurisdiction of the commissioner under this chapter
by  an  agent, or membership on the board of directors of any such motor
carrier by an agent.
2023 New York Laws › TRA - Transportation › Article 9 - Carriers of Household Goods by Motor Vehicle › 195 - Amendment, Revocation and Transfer of Certificates and Permits.

§ 195. Amendment, revocation and transfer of certificates and permits.
  1.  Certificates shall be effective from the date specified therein, and
  shall remain in effect until terminated as  herein  provided.  Any  such
  certificate  may,  upon  application  of  the  holder thereof and in the
  discretion of the commissioner, be amended or revoked, in  whole  or  in
  part,  or  may  be suspended, cancelled, revoked or modified pursuant to
  section one hundred forty-five of this chapter.
2. Any certificate  may  be  suspended  by  the  commissioner  without
  hearing for failure to keep in force a tariff as required by section one
  hundred  ninety-seven  of  this  chapter; for failure to comply with the
  insurance requirements  of  section  one  hundred  thirty-nine  of  this
  chapter;  for  failure  to  file  annual  reports  as  required  by  the
  regulations of the commissioner; or for failure to adhere to the  safety
  requirements  of  section  one  hundred  forty of this chapter. Any such
  certificate so suspended may thereafter  be  revoked  in  no  less  than
  thirty  days  after  the  date of suspension ordered by the commissioner
  without hearing, if  the  carrier  does  not  comply  with  the  tariff,
  insurance, annual reporting or safety requirements.
3. Permanent certificates shall not be assigned, transferred or leased
  in  any manner nor shall the right to operate under any such certificate
  be leased without prior approval of the commissioner upon such notice as
  the commissioner shall deem appropriate.  The  assignment,  transfer  or
  lease  of  a  permanent  certificate,  shall  not be approved unless the
  commissioner shall find that it is in the public interest to do so.  All
  applications for transfer or lease must be in such form as prescribed by
  the commissioner.
2023 New York Laws › TRA - Transportation › Article 9 - Carriers of Household Goods by Motor Vehicle › 198 - Dispute Settlement.

§ 198. Dispute  settlement.  1.  One  or more motor carriers providing
  transportation of household goods subject to  the  jurisdiction  of  the
  commissioner  or  an  industry  association or associations representing
  motor carriers providing transportation  of  household  goods  shall  be
  encouraged by the commissioner to establish a program to settle disputes
  between  such  carriers  and  shippers of household goods concerning the
  transportation  of  household  goods.  Applications  to  establish  such
  programs  shall  be  submitted  to the commissioner under such rules and
  regulations as the commissioner may promulgate. No  such  program  shall
  become  effective  until  approved by the commissioner. Any carrier that
  does not establish its own program to settle disputes or join a  dispute
  settlement program of an industry association shall submit disputes with
  shippers  to  an  alternative  mechanism  or  mechanisms  for  resolving
  disputes  sanctioned  by  the  commissioner  pursuant   to   rules   and
  regulations.
2. The commissioner may investigate at any time the functioning of any
  program approved under this section and, after notice and an opportunity
  for a hearing, may suspend or revoke the approval of such program.
3.  No  program for settling disputes concerning the transportation of
  household  goods  may  be  approved  under  this  section   unless   the
  commissioner  finds  that  such program contains adequate protection for
  the consumer and that the program establishes an expeditious process for
  the handling and resolution of disputes.