New York § 154 - 154Issuance of a permanent certificate

§ 154. 154Issuance 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. 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. 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.