Section 193. Permanent certificate

1. A permanent certificate to operate as
  a  common  carrier  of household goods by motor vehicle may be issued by
  the commissioner after notice and with or without hearing to  a  carrier
  which has held a probationary certificate for at least six months if the
  commissioner determines that the holder is fit, willing and able to hold
  a permanent certificate.
    2.  In  determining  whether  to grant or deny a permanent certificate
  pursuant to subdivision one of  this  section,  the  commissioner  shall
  consider  the  carrier's  actual  operating  experience  while holding a
  probationary certificate and  the  manner  in  which  that  carrier  has
  conducted  itself  with the public. Protests to the grant of a permanent
  certificate pursuant to subdivision one of this section shall be limited
  to evidence on the carrier's fitness to provide service.
    3. Unless an applicant proposes to provide service in a  more  limited
  geographic  area, a permanent certificate issued pursuant to subdivision
  one of this section will entitle the holder thereof to  provide  service
  as  a  common  carrier  of  household goods by motor vehicle 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.
    4. A permanent certificate to operate as a common carrier of household
  goods  by  motor  vehicle in a broader geographic area than specified in
  subdivision three of this section may  be  issued  by  the  commissioner
  after  public  notice  and  with  or without hearing 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) that the service proposed will  be  required  by  the  present  or
  future public convenience and necessity.
    5.  Persons  holding  a  permanent  certificate  will  be subject to a
  continuing requirement of being fit, willing  and  able  and  if,  after
  notice  and  hearing,  the  commissioner finds that any person holding a
  permanent certificate under this article is willfully failing to  comply
  with  the continuing fit, willing and able requirement, the commissioner
  may suspend or revoke the permanent certificate in whole or in part.
    6. Permanent certificates issued pursuant to subdivision one  of  this
  section  shall  have  no  application  fee.  Applications  for permanent
  certificates issued pursuant to subdivision four of this  section  shall
  be  accompanied  by  a  filing  fee as prescribed in section one hundred
  forty-four of this chapter.
    7. Permanent certificates shall not confer any proprietary or property
  rights in the use of the highways.