2010 New York Code
TRA - Transportation
Article 9 - (190 - 199) 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 and the
  application shall be accompanied  by  a  filing  fee  as  prescribed  in
  section   one   hundred  forty-four  of  this  chapter.  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.

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