2019 New York Laws
TRA - Transportation
Article 9 - 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.  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.