New York Transportation Law Section 173 - Issuance of temporary authority.

173. Issuance of temporary authority. 1. A temporary certificate or permit to operate as a common or contract carrier of property may be issued by the commissioner to a qualified applicant with or without a hearing for the purpose of providing a service for which there is an immediate or urgent need from or to a point or points or within a territory. Applications for temporary authority shall contain such information as the commissioner by regulation may prescribe.

2. Temporary authority as a common or contract carrier of property shall:

(a) create no presumption that corresponding permanent authority 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.

3. 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.


Last modified: February 3, 2019