N.Y. Comp. Codes R. & Regs. tit. 17 § 502.5

Current through Register Vol. 46, No. 50, December 11, 2024

Section 502.5 - Applications for emergency authority

(a)

(1) Unless it is demonstrated that, by reason of an unforeseen emergency need, transportation must commence immediately, an application for emergency authority shall be made by letter or electronically, to be received at the office of the department, not later than three working days prior to the date when the transportation is to start.

(2) Where it is demonstrated that because of an unforeseen emergency need the transportation must commence immediately, a n application may be made, in person, electronically or by telephone, to the office of the administrative law judge, during regular office hours. In such event, the administrative law judge may require written confirmation of the telephone request or other oral representation in such manner and within such time limits as he or she may require.

(b) The written or oral application must show:

(1) that the applicant is ready, willing and able to provide t he proposed transportation;

(2) if the applicant holds no authority from the Commissioner of Transportation, the name of the insurance company carrying applicant's bodily injury and property damage insurance and if applicable, cargo insurance, the amounts of such coverage, the effective date an d expiration date of the policy or policies of insurance and the number or n umbers of such policies; and

(3) if the applicant intends to carry passengers, evidence that the vehicles to be utilized have been, or prior to the commencement of the transportation involved, will be inspected in accordance with the provisions of the Transportation Law and the rules and regulations of the Commissioner of Transportation promulgated thereunder.

(c) Applications must be accompanied with or followed by letters or electronic submissions by the proposed user or users of the service setting forth:

(1) a description of the transportation involved including the point or points of origin and destination or destinations and date or dates of movement;

(2) facts relied upon to demonstrate that there is an immediate or urgent need for such transportation; and

(3) the period of time during which the service will be required.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 502.5

Amended New York State Register February 1, 2017/Volume XXXIX, Issue 05, eff. 2/1/2017