§ 174. Issuance of permanent certificate. 1. A permanent certificate
to operate as a common carrier of property may be issued by the
commissioner to a qualified applicant with or without hearing, but upon
notice to all interested parties, authorizing such applicant to provide
transportation as a common carrier of property. Applications for a
permanent certificate shall contain such information as the commissioner
by regulation may prescribe. The application for a permanent certificate
shall be granted 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.

2. The provisions of paragraph (b) of subdivision one of this section
shall not apply to applications for authority to provide transportation
of shipments weighing one hundred pounds or less when transported in a
motor vehicle in which no one package exceeds one hundred pounds.

3. No permanent certificate issued under this section shall confer any
proprietary or property rights in the use of the highways.