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.
Last modified: February 3, 2019