N.Y. Transp. Law § 174

§ 174. Issuance of permanent certificate. 1. A permanent certificate\nto operate as a common carrier of property may be issued by the\ncommissioner to a qualified applicant with or without hearing, but upon\nnotice to all interested parties, authorizing such applicant to provide\ntransportation as a common carrier of property. Applications for a\npermanent certificate shall contain such information as the commissioner\nby regulation may prescribe. The application for a permanent certificate\nshall be granted if the commissioner finds that:\n (a) the applicant is fit, willing and able to provide the\ntransportation to be authorized by the certificate and to comply with\nthis chapter and the regulations of the commissioner; and\n (b) that the service proposed will be required by the present or\nfuture public convenience and necessity.\n 2. The provisions of paragraph (b) of subdivision one of this section\nshall not apply to applications for authority to provide transportation\nof shipments weighing one hundred pounds or less when transported in a\nmotor vehicle in which no one package exceeds one hundred pounds.\n 3. No permanent certificate issued under this section shall confer any\nproprietary or property rights in the use of the highways.\n