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

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