§ 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.

7. Permanent certificates shall not confer any proprietary or property
rights in the use of the highways.