New York Codes, Rules and Regulations
Title 17 - DEPARTMENT OF TRANSPORTATION
Chapter VI - Transportation Regulations
Subchapter E - Motor Carriers
Article 4 - Rates and Charges
Part 826 - Construction And Filing Of Tariffs Of Common Carriers
Section 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

____________

(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 ________,________,

____________

does hereby make and appoint

Name of corporation to

_______

act as agent) attorney and agent to:

(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.

(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 81/2 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.

(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 81/2 inches by 11 inches.

REVOCATION NOTICE

(Name of carrier)

________, 19________

(Place and date)