New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 4 - Rates and Charges › Part 826 - Construction And Filing Of Tariffs Of Common Carriers › Section 826.9 - Powers of attorney

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Individual or corporate agent. Whenever a carrier desires to give authority to
					 an agent to publish and file tariffs and supplements in which such carrier
					 participates, this may be accomplished by issuing an appropriate power of
					 attorney either in favor of (1) an individual, or (2) a corporation (not a
					 carrier) organized under the laws of the State of New York, which has charter
					 power to publish and file tariffs for common carriers of property by motor
					 vehicle. The grant of authority to an agent to publish and file tariffs and
					 supplements shall include a concomitant authority to the agent to accept for
					 and on behalf of the carrier any and all notices and orders issued by the
					 Department of Transportation in connection with such tariffs and supplements,
					 and the agent agrees to accept said notices and orders and immediately inform
					 the carrier of the contents thereof. The forms which follow are to be
					 used.
(b) Form for individual. The
					 following power of attorney form shall be used in appointing an individual to
					 act as agent.
POWER OF ATTORNEY
N. Y.-M.T. 1 - No. ________
Cancels N.Y.-M.T. 1 - No. ________
(Name of Carrier)
________, 19________
(Place and date)
KNOW ALL MEN BY THIS INSTRUMENT:
That, on the ________ day of ________, 19
						________,
______
(See Note 1)
a common carrier of property by motor vehicle, does
						hereby make and appoint
____________
a.
					 Publish and file for said carrier (Here state authority conferred; see section
					 826.9[f]) as permitted or required of common carriers of property by motor
					 vehicle under authority of Transportation Law and the rules of the New York
					 State Department of Transportation issued pursuant thereto; and
b. Accept service of notices and orders
					 issued by the New York State Department of Transportation in connection with
					 any such tariff schedules issued and filed for it by said attorney and agent;
					 and does hereby ratify and confirm all that said attorney and agent may
					 lawfully do by virtue of the authority herein granted and does hereby assume
					 full responsibility for the acts and failure to act of said attorney and agent.
And, further
____________
______________
and perform the same acts and exercise the same
						authority granted herein to
______________
(Name of principal agent) in the event and only in the
						event of the
death or disability of
______________
(Name of principal agent)
_________
(Name of carrier)
By
_________
(Signature)
_________
(Title)
Duplicate mailed to________ Agent
________ (Address)
________
Note 1.--In the blank space for the name of the carrier,
						there shall be shown, if the carrier be an individual, the individual name
						followed by the trade name, if any. If the carrier be a partnership, the
						correct names of all partners must be given, followed by the trade name, if
						any. If the carrier be a corporation, the correct corporate name must be used.
						(See Note 2)
Note 2.--The power of attorney shall be signed only with
						individual name of the carrier if the carrier be an individual and shall be
						signed by all the partners individually, if a partnership. If the carrier be a
						corporation, the power of attorney shall be signed by the president or
						vice-president, attested by the secretary of the corporation, and the corporate
						seal affixed. In all cases the name of the carrier shall be identical with the
						name as it appears in the certificate of convenience and necessity issued by
						the commissioner, or in the event that such certificate shall not have been
						issued, the name of the carrier shall be identical with the name appearing in
						the application for such certificate.