Section 173. Issuance of temporary authority  


Latest version.
  • 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 and shall be
      accompanied  by  a  filing  fee  as  prescribed  in  section one hundred
      forty-four of this chapter.
        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.