17 CRR-NY 826.9NY-CRR
17 CRR-NY 826.9
17 CRR-NY 826.9
826.9 Powers of attorney.
(a) Individual or corporate agent.
Whenever a carrier desires to give authority to an agent to publish and file tariffs and supplements in which such carrier participates, this may be accomplished by issuing an appropriate power of attorney either in favor of (1) an individual, or (2) a corporation (not a carrier) organized under the laws of the State of New York, which has charter power to publish and file tariffs for common carriers of property by motor vehicle. The grant of authority to an agent to publish and file tariffs and supplements shall include a concomitant authority to the agent to accept for and on behalf of the carrier any and all notices and orders issued by the Department of Transportation in connection with such tariffs and supplements, and the agent agrees to accept said notices and orders and immediately inform the carrier of the contents thereof. The forms which follow are to be used.
(b) Form for individual.
The following power of attorney form shall be used in appointing an individual to act as agent.
POWER OF ATTORNEY
N.Y.-M.T. 1 - No. ____
Cancels N.Y.-M.T. 1 - No. ____
(Name of Carrier)
_________, 19__
(Place and date)
KNOW ALL MEN BY THIS INSTRUMENT:
That, on the ____ day of ______, 19 __, (See Note 1)
a common carrier of property by motor vehicle, does hereby make and appoint (Name of principal agent)attorney and agent to:
a. Publish and file for said carrier (Here state authority conferred; see section 826.9[f]) as permitted or required of common carriers of property by motor vehicle under authority of Transportation Law and the rules of the New York State Department of Transportation issued pursuant thereto; and
b. Accept service of notices and orders issued by the New York State Department of Transportation in connection with any such tariff schedules issued and filed for it by said attorney and agent; and does hereby ratify and confirm all that said attorney and agent may lawfully do by virtue of the authority herein granted and does hereby assume full responsibility for the acts and failure to act of said attorney and agent.
And, further (See Note 1)does hereby make and appoint
(Name of alternate agent)alternate attorney and agent to do
and perform the same acts and exercise the same authority granted herein to
(Name of principal agent) in the event and only in the event of the
death or disability of (Name of principal agent)
(Name of carrier)
By (Signature)
(Title)
Duplicate mailed to
________________
Agent
________________
(
Address
)
________________
Note 1.—In the blank space for the name of the carrier, there shall be shown, if the carrier be an individual, the individual name followed by the trade name, if any. If the carrier be a partnership, the correct names of all partners must be given, followed by the trade name, if any. If the carrier be a corporation, the correct corporate name must be used. (See Note 2)
Note 2.—The power of attorney shall be signed only with individual name of the carrier if the carrier be an individual and shall be signed by all the partners individually, if a partnership. If the carrier be a corporation, the power of attorney shall be signed by the president or vice-president, attested by the secretary of the corporation, and the corporate seal affixed. In all cases the name of the carrier shall be identical with the name as it appears in the certificate of convenience and necessity issued by the commissioner, or in the event that such certificate shall not have been issued, the name of the carrier shall be identical with the name appearing in the application for such certificate.
(c) Form for corporation.
The following power of attorney form shall be used in appointing a corporation (See subdivision [a] of this section) to act as agent.
POWER OF ATTORNEY
N.Y.-M.T. 2 - No. ____
Cancels N.Y.-M.T. 2 - No. ____
(Name of Carrier)
_________, 19__
(Place and date)
KNOW ALL MEN BY THIS INSTRUMENT:
That, on the __day of ______, 19 __,______,
(See Note 1 of section 826.9[f]), a common carrier of property by motor vehicle,
does hereby make and appoint Name of corporation to
act as agent)
attorney and agent to:
a. Publish and file for said carrier (Here state authority conferred; see section 826.9[f] as permitted or required of common carriers of property by motor vehicle under authority of Transportation Law and the rules of the New York State Department of Transportation issued pursuant thereto; and
b. Accept service of notices and orders issued by the New York State Department of Transportation in connection with any such tariff schedules issued and filed for it by said attorney and agent; and does ratify and confirm all that said attorney herein granted and does hereby assume full responsibility for the acts and failure to act of said attorney and agent.
(Name of carrier)
By (Signature)
(Title)
Duplicate mailed to
________________
Agent
________________
(
Address
)
________________
(d) Agency corporation, delegation of power prohibited.
An official or an employee of a corporation (see subdivision [a] of this section) may not act as agent when such corporation acts as agent unless authorized by the commissioner.
(e) Agency corporation, tariffs to be filed in its name.
(1) A corporation (see subdivision [a] of this section) accepting powers of attorney making such corporation an attorney and agent shall issue its tariffs in the name of the corporation as agent. At the bottom of the title page of each publication filed by the corporation as agent shall be shown the name and title of the official of the corporation who has been appointed by such corporation to handle tariff matters with the commissioner.
(2) A corporation (see subdivision [a] of this section) acting as a publishing agent under powers of attorney shall forward to the commissioner a certified minute* of the meeting of the board of directors of such corporation showing the name and title of the official who has been appointed to handle all tariff matters with the commissioner.
(f) Carriers' limitation of authority to agents.
Powers of attorney authorized by this section must indicate exactly the authority conferred and may be limited to the issuance and filing of tariffs containing (1) freight rates, (2) classifications, (3) classification exceptions, (4) rules, or (5) a specific tariff, but not otherwise. If it is intended that the authority granted shall include reissues of a specifically named tariff, the designation of such tariff must be followed by “or successive issues thereof”.
(g) Printing size; notice of changes.
Powers of attorney shall be printed on good paper of durable quality, no larger than 8½ inches by 11 inches in size, and shall be signed as indicated in Note 2 of the form following subdivision (b) of this section. Each power of attorney shall be given a form and serial number which shall be shown on the upper right hand corner and immediately thereunder shall be shown the form and number of the power of attorney, if any, which is canceled thereby. If the instrument to be canceled contains more authority or is broader in scope than the new instrument, such new instrument must bear an effective date at least 60 days after the date on which it is received by the commissioner. When the new instrument is broader in scope than the instrument which is to be canceled, no notice is required.
(h) Filing, triplicate copies.
All instruments must be prepared in triplicate. Except when there is specific instruction in individual rules to send originals to an agent, the original of the instrument shall be filed with the commissioner, the duplicate sent to the agent to whom such authorization is directed, and the third copy retained by the issuing carrier.
(i) Duplicating authority.
Powers of attorney may not contain authority to delegate to another the power thereby conferred. In giving authority to an agent to publish and file rates for the carrier by whom such authority is issued, care must be taken to avoid duplicating to two or more agents authority which, if used, would result in conflicting rates or provisions.
(j) Alternate agent.
When a power of attorney is issued to an individual to act as agent (see subdivision [b] of this section), such instrument shall name an alternate agent to act in the event of the death or disability of the principal agent. On or before the date of filing of the first tariff or supplement by the alternate agent under the authority granted in the instrument, such alternate agent shall submit to the commissioner a sworn statement setting forth the reason or reasons which justify such exercise of authority. The term “disability” as used in the instrument means resignation, permanent transfer to other duties, or other permanent absence of the principal agent, and does not mean temporary absence of the principal caused by vacation, illness, or other similar cause. After an alternate agent has once exercised the authority granted by the instrument, the principal agent may not thereafter act under that instrument.
(k) Transfer of authority.
(1) When it is desired to transfer authority from one agent to another agent, such transfer may be accomplished by filing a new power of attorney naming the agent (and alternate when necessary) thereafter to serve, which shall specifically cancel the previous power of attorney.
(2) When a power of attorney has been issued to an individual and an alternate (see subdivision [b] of this section), in the event of the death or disability of either the principal or alternate agent, new powers of attorney canceling the previously effective powers of attorney and naming the agent and alternate agent thereafter to serve shall be filed within 180 days. The new powers of attorney shall bear no effective date. The originals thereof shall not be sent direct to the commissioner, but shall be forwarded to the new agent, which agent, after all the necessary instruments have been secured, shall file the originals with the commissioner all at one time. Such powers of attorney will become effective upon the date they are received by the commissioner.
(l) Revocation.
A power of attorney may be revoked upon not less than 60 days' notice to the commissioner by filing a notice of revocation with the commissioner, serving at the same time a copy thereof on the agent in whose favor such power of attorney was executed. Such notice shall not bear a serial number, but shall specify the form and number of the power of attorney to be revoked, shall name the agent (and alternate agent when form DOT-NY M.T. 1 is being revoked) in whose favor the power of attorney was executed, shall specify a date upon which revocation is to become effective (which must be not less than 60 days subsequent to the date of its receipt by the commissioner), and shall be executed in the following manner on good quality paper no larger than 8½ inches by 11 inches.
REVOCATION NOTICE
(Name of carrier)
_________, 19__
(Place and date)
KNOW ALL MEN BY THIS INSTRUMENT:
Effective ____, 19 __, power of attorney DOT-NY M.T.____ No. ______, issued by _________(name of carrier) in favor of ______ (here show name of agent, and name of alternate agent when form DOT-NY M.T. 1 is being revoked, in whose favor apower of attorney was executed), is hereby canceled and revoked.
(Name of carrier)
By (Signature)
(Title)
(If a corporation)
Attest:
(Corporate seal), Secretary.
Duplicate mailed
(Date)
to
____
at
____
Footnotes
*
[So in original. Probably should read “certified copy of the minutes”.]
17 CRR-NY 826.9
Current through December 15, 2022
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.