N.Y.
Transportation Law Section 153
Issuance of temporary authority
1.
A temporary certificate of public convenience and necessity to operate as a common carrier of passengers may be issued by the commissioner after public notice and with or without hearing, except as provided in subdivisions five and seven of this section, to an applicant upon a finding that the applicant is fit, willing and able to perform a service for which there is an immediate or urgent need. Such a temporary certificate of public convenience and necessity may also be issued on the commissioner’s own motion for the purpose of experiment or demonstration when the commissioner is of the opinion that such action is required by the public interest.2.
A temporary permit to operate as a contract carrier of passengers may be issued by the commissioner after public notice and with or without a hearing, to an applicant upon a finding that the applicant is fit, willing and able to perform a service, for which there is an immediate or urgent need.3.
A temporary certificate or a temporary permit will:(a)
create no presumption that corresponding permanent authority 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 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.4.
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.5.
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 a hearing on such application is requested, then no temporary 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 commission 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 conditions on the applicant deemed to be reasonable and in the public interest as a condition to any authority granted.6.
Notwithstanding any other provision of law, on any application for temporary 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.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.
Source:
Section 153 — Issuance of temporary authority, https://www.nysenate.gov/legislation/laws/TRA/153 (updated Apr. 17, 2015; accessed Apr. 27, 2024).
