2006 New York Code - 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 and 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)  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.