2006 New York Code - 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.  Applications  for a permanent certificate shall be accompanied
  by a filing fee as prescribed in section one hundred forty-four of  this
  chapter. 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. Applications for discontinuance
  shall be accompanied by a  filing  fee  as  prescribed  in  section  one
  hundred forty-four of this chapter.
    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.