Motor Carrier Act

NMSA 1978 ch. 65, art. 2A

in effect

NMSA 1978, § 65-2A-1 Short title

65-2A-1. Short title Chapter 65, Article 2A NMSA 1978 may be cited as the "Motor Carrier Act". Laws 2003, ch. 359, § 1; 2023, ch. 100, § 30.

NMSA 1978, § 65-2A-2 Transportation policy

65-2A-2. Transportation policy It is the policy of this state to foster the development, coordination and preservation of a safe, sound and adequate motor carrier system, requiring financial responsibility and accountability on the part of motor carriers through state licensing and regulation of motor carriers. Laws 2003, ch. 359, § 2; 2013, ch. 73, § 1; 2013, ch. 77, § 1.

NMSA 1978, § 65-2A-3 Definitions

65-2A-3. Definitions As used in the Motor Carrier Act: A. "ability to provide certificated service" means that an applicant or carrier can provide reasonably continuous and adequate transportation service of the type required by its application or its operating authority in the territory authorized or sought to be authorized; B. "ambulance service" means the intrastate transportation of sick or injured persons in an ambulance meeting the standards established by the department under the Ambulance Standards Act [Chapter 65, Article 6 NMSA 1978]; C. "amendment of a certificate" means a permanent change in the type or nature of service, territory or terms of service authorized by an existing certificate; D. "antitrust laws" means the laws of this state relating to combinations in restraint of trade; E. "base state" means the registration state for an interstate motor carrier that either is subject to regulation or is transporting commodities exempt from regulation by the federal motor carrier safety administration pursuant to the unified carrier registration system; F. "cancellation of an operating authority" means the voluntary, permanent termination of all or part of an operating authority; G. "certificate" means the authority issued by the department to a person that authorizes the person to offer and provide a certificated service as a motor carrier; H. "certificated service" means one of the following transportation services: (1) an ambulance service; (2) a household goods service; (3) a shuttle service; (4) a specialized passenger service; or (5) a taxicab service; I. "change in a certificate" means the voluntary amendment, cancellation, change in form of legal entity of the holder, lease, reinstatement, transfer or voluntary suspension of a certificate; J. "charter service" means the compensated transportation of a group of persons in a motor vehicle who, pursuant to a common purpose, under a single contract, at a fixed charge for the motor vehicle and driver, have acquired the exclusive use of the motor vehicle to travel together under an itinerary either specified in advance or modified after having left the place of origin; K. "commuter service" means the intrastate transportation of passengers in motor vehicles having a capacity of seven to fifteen persons, including the driver, provided to a volunteer-driver commuter group that shares rides to and from the workplace or training site, where participation is incidental to the primary work or training-related purposes of the commuter group, and where the fees paid by the participants do not exceed the costs for transportation, including gas and other trip-related expenses; L. "continuous and adequate service" means: (1) for full-service carriers, reasonably continuous availability, offering and provision of transportation services through motor vehicles, equipment and resources satisfying safety and financial responsibility requirements under the Motor Carrier Act and department rule, that are reasonably adequate to serve the entire full-service territory authorized in the certificate, with reasonable response to all requests for service for the nature of passenger service authorized, based on the nature of public need, expense and volume of demand for the type of service authorized during seasonal periods; and (2) for general-service carriers, reasonably continuous availability and offering of transportation services through motor vehicles, equipment and resources satisfying safety and financial responsibility requirements under the Motor Carrier Act and department rule for the nature of the transportation service authorized in the certificate; M. "contract driver" means a person who contracts with a motor carrier as an independent contractor to drive a vehicle pursuant to an operating authority issued to the motor carrier; N. "department" means the department of transportation; O. "endorsement" means the specification in a certificate of the territory in which the carrier is authorized to operate, the nature of service to be provided by a certificated passenger service and any additional terms of service that may be reasonably granted or required by the department for the particular authority granted; P. "fare" means the full compensation charged for transportation by a tariffed passenger service; Q. "financial responsibility" means the ability to respond in damages for liability arising out of the ownership, maintenance or use of a motor vehicle in the provision of transportation services; R. "fitness to provide a transportation service" means that an applicant or carrier complies with state law as provided in the Motor Carrier Act or by rule of the department; S. "for hire" means that transportation is offered or provided to the public for remuneration, compensation or reward of any kind, paid or promised, either directly or indirectly; T. "full service" means one of the following certificated passenger services that are endorsed and required to meet specific standards for the provision of service to or throughout a community: (1) an ambulance service; (2) a scheduled shuttle service; or (3) a municipal taxicab service; U. "general service" means one of the following certificated services that provides transportation services of the type authorized, but is not required to provide unprofitable or marginally profitable carriage: (1) a general shuttle service; (2) a general taxicab service; (3) a specialized passenger service; or (4) a household goods service; V. "highway" means a way or place generally open to the use of the public as a matter of right for the purpose of vehicular travel, even though it may be temporarily closed or restricted for the purpose of construction, maintenance, repair or reconstruction; W. "holder of an operating authority" means the grantee of the operating authority or a person that currently holds all or part of the right to exercise the authority through a transfer by operation of law; X. "household goods" means personal effects and property used or to be used in a dwelling when a part of the equipment or supply of the dwelling and other similar property as the federal motor carrier safety administration may provide by regulation, but shall not include property moving to or from a factory or store, other than property the householder has purchased to use in the householder's dwelling that is transported at the request of, and the transportation charges are paid to the carrier by, the householder; Y. "household goods service" means the intrastate transportation, packing and storage of household goods for hire; Z. "interested person" means a motor carrier operating in the territory involved in an application or grant of temporary authority, a person affected by an order of the department or a rule proposed for adoption by the department or a person the department may deem interested in a particular matter; AA. "interstate motor carrier" means a person providing compensated transportation in interstate commerce, whether or not the person is subject to regulation by the federal motor carrier safety administration; BB. "intrastate motor carrier" means a motor carrier offering or providing transportation for hire by motor vehicle between points and places in the state; CC. "involuntary suspension" means the temporary cessation of use of all or part of an operating authority ordered by the department for cause for a stated period of time or pending compliance with certain conditions; DD. "lease of a certificate" means an agreement by which the holder of a certificate grants to another person the exclusive right to use all or part of the certificate for a specified period of time in exchange for consideration, but does not include an agreement between a motor carrier and its contract driver; EE. "lease of equipment" means an agreement whereby a motor carrier obtains equipment owned by another person for use by the motor carrier in the exercise of its operating authority, but does not include an agreement between a motor carrier and its contract driver; FF. "motor carrier" or "carrier" means a person offering or providing transportation of persons, property or household goods for hire by motor vehicle, whether in intrastate or interstate commerce; GG. "motor carrier organization" means an organization approved by the department to represent motor carriers and to discuss and propose industry interests and matters other than rates, as well as discussing and proposing rates and other matters pertaining to statewide tariffs; HH. "motor vehicle" or "vehicle" means a vehicle, machine, tractor, trailer or semitrailer propelled or drawn by mechanical power and used on a highway in the transportation of property, household goods or persons, but does not include a vehicle, locomotive or car operated exclusively on rails; II. "nature of service" means the type of transportation service to be provided by a certificated passenger service as set forth in Subsection A of Section 65-2A-8 NMSA 1978; JJ. "nonconsensual tow" means the compensated transportation of a motor vehicle by a towing service, if such transportation is performed at the request of a law enforcement officer or without the prior consent or authorization of the owner or operator of the motor vehicle; KK. "notice period" means the period of time specified in Section 65-2A-6 NMSA 1978 following publication of notice during which the department may not act; LL. "objection" means a document filed with the department by an interested person or a member of the public during the notice period for an application for a certificate, or for amendment, lease or transfer of a certificate, that expresses an objection to, or provides information concerning, the matter before the department; MM. "operating authority" means a certificate, warrant, unified carrier registration or temporary authority issued by the department to a motor carrier; NN. "passenger" means a person other than the driver of a motor vehicle transported in a motor vehicle; OO. "passenger service" means a transportation service offered or provided for the transportation of passengers by motor vehicle; PP. "predatory rate or practice" means the knowing and willful requirement by a carrier that a passenger or shipper pay a rate, fare or other charge in excess of the rates and charges or in a manner other than in accordance with terms of service as provided by law, as provided in a tariff governing the carrier or as provided in a preexisting written contract regarding the carriage, when such charge is made: (1) by a passenger carrier as a prior condition for the provision of transportation or continued transportation of a passenger; or (2) as a prior condition by a towing service carrier performing nonconsensual tows or a household goods service carrier for delivery of, release of or access to vehicles or household goods by the shipper or registered owner; QQ. "process" means, in the context of legal process, an order, subpoena or notice issued by the department or an order, subpoena, notice, writ or summons issued by a court; RR. "property" means movable articles of value, including cadavers, hazardous matter, farm products, livestock feed, stock salt, manure, wire, posts, dairy products, livestock hauled in lots of twenty-five thousand pounds or more, farm or ranch machinery and the items transported by a towing service, but does not include household goods or unprocessed farm products transported by a farmer from the place of harvesting to market, storage or a processing plant; SS. "protest" means a document in the form of a pleading filed with the department by a full-service carrier that expresses an objection to an application before the department for a certificate for passenger service, for ambulance service or for passenger service pursuant to a public-charge contract or for amendment, lease or transfer of such a certificate: (1) when the territory involved in the application includes all or a portion of the full-service territory of the protesting carrier; and (2) for a carrier other than an ambulance service carrier, when the grant of the application will, or presents a reasonable potential to, impair, diminish or otherwise adversely affect its existing provision of full-service passenger service to the public within its full-service territory; TT. "public-charge contract" means a contract or contractual arrangement between a motor carrier and a third party for passenger service that requires or allows the motor carrier to charge passengers a fare for the transportation service to be provided pursuant to the contract; UU. "rate" means a form of compensation charged, whether directly or indirectly, by a person for a transportation service subject to the jurisdiction of the department; VV. "record of a motor carrier" means an account, correspondence, memorandum, tape, disc, paper, book or transcribed information, or electronic data information, including the electronic hardware or software necessary to access the electronic data information in its document form, regarding the operation of a motor carrier; WW. "registration year" means a calendar year; XX. "revocation" means the involuntary, permanent termination of all or part of an operating authority ordered by the department for cause; YY. "shipper" means a person who consigns or receives property or household goods for transportation; ZZ. "shuttle service" means the intrastate transportation of passengers for hire pursuant to a set fare for each passenger between two or more specified terminal points or areas and includes both scheduled shuttle service and general shuttle service as follows: (1) "scheduled shuttle service" means a shuttle service that transports passengers to and from an airport both through prior arrangement and through presentment at terminal locations, on the basis of a daily time schedule filed with the department, that must be met in a timely fashion with a vehicle present at the terminal location regardless of the number of passengers carried on any run, if any, and that includes general shuttle service; and (2) "general shuttle service" means a shuttle service that is not required to operate on a set schedule, that may optionally use a grid map to specify distant or adjacent terminal areas and that is not required to accept passengers other than pre-arranged passengers; AAA. "specialized passenger service" means the intrastate transportation for hire of passengers with special physical needs by specialized types of vehicles, or for specialized types of service to the public or community, as the department may by rule provide; BBB. "tariff" means a document filed by a tariffed service carrier that has been approved by the department and sets forth the transportation services offered by the motor carrier to the general public, including the rates, terms of service and applicable time schedules relating to those services; CCC. "tariffed service" means one of the following transportation services authorized by the department for the provision of service on the basis of rates and terms of service contained in a tariff approved by the department: (1) an ambulance service; (2) a household goods service; (3) a shuttle service; (4) a specialized passenger service; (5) a taxicab service; or (6) a towing service performing nonconsensual tows; DDD. "taxicab association" means an association, cooperative or other legal entity whose members are taxicab drivers, which shall be treated in the same manner as any other applicant with regard to applications for a certificate for general taxicab service or for full-service municipal taxicab service and which shall be subject in the same manner to all other provisions, requirements and limitations of the Motor Carrier Act; EEE. "taxicab service" means intrastate transportation of passengers for hire in a motor vehicle having a capacity of not more than eight persons, including the driver, for which the passenger or other person engaging the vehicle is allowed to specify not only the origin and destination points of the trip but also, within reason, the route taken by the vehicle, any intermediate stop, any optional waiting at a stop and any other passengers transported during the trip and that charges a fare for use of the vehicle primarily on the basis of a drop-flag fee, cumulative mileage and cumulative wait time through a taxicab meter used to cumulate and display the fare to the passenger and includes both municipal taxicab service and general taxicab service, as follows: (1) "municipal taxicab service" means a taxicab service that deploys vehicles at all times of the day and year, is centrally dispatched and reasonably responds to all calls for service within its endorsed full-service territory regardless of profitability of the individual trip, in addition to the transportation service provided by a general taxicab service; and (2) "general taxicab service" means a taxicab service that need not be dispatched, that may pick up on-demand passengers through flagging or at a taxicab stand or queue, that need not deploy vehicles in any particular manner and that may charge for trips to destination points or places outside of the taxicab service's certificated territories on the basis of a set fare; FFF. "terms of service" means all terms, aspects, practices, limitations, conditions and schedules of service other than specific rate amounts pertaining to a tariffed service; GGG. "towing service" means the use of specialized equipment, including repossession services using towing equipment, to transport or store: (1) a damaged, disabled or abandoned motor vehicle and its cargo; (2) a motor vehicle to replace a damaged, disabled or abandoned motor vehicle; (3) parts and equipment to repair a damaged, disabled or abandoned motor vehicle; (4) a motor vehicle whose driver has been declared unable to drive by a law enforcement officer; (5) a motor vehicle whose driver has been removed from the scene or is unable to drive; or (6) a motor vehicle repossessed or seized pursuant to lawful authority; HHH. "transfer of a certificate" means a permanent conveyance of all or part of a certificate; III. "transfer by operation of law" means that all or a part of a grantee's interest in an operating authority passes to a fiduciary or other person by application of established rules of law; JJJ. "transportation service" means transportation subject to the jurisdiction of the department, offered or provided by a motor carrier, that requires the carrier to obtain an operating authority from the department under the Motor Carrier Act, regardless of whether the motor carrier has obtained appropriate operating authority from the department; KKK. "verification" means a notarized signature verifying the contents of the document or other filing or a signature verifying the contents of the document or other filing under penalty of perjury, expressly providing that the signatory swears or affirms the contents under penalty of perjury as provided in Subsection A of Section 65-2A-33 NMSA 1978; LLL. "voluntary suspension" means the department-authorized cessation of use of all or part of a certificate at the request of the holder for a specified period of time, not to exceed twelve consecutive months; MMM. "warrant" means the authority issued by the department to a person that authorizes the person to offer and provide a warranted service as a motor carrier; NNN. "warranted service" means one of the following intrastate transportation services offered or provided for hire: (1) a charter service; (2) a property transportation service; or (3) a towing service; and OOO. "weight-bumping" means the knowing and willful statement of a fraudulent weight on a shipment of household goods. Laws 2003, ch. 359, § 3; 2005, ch. 288, § 1; 2007, ch. 188, § 1; 2013, ch. 73, § 2; 2013, ch. 77, § 2; 2017, ch. 109, § 1; 2023, ch. 100, § 31.

NMSA 1978, § 65-2A-4 Powers and duties of the department

65-2A-4. Powers and duties of the department A. In accordance with the Motor Carrier Act, the department shall: (1) issue operating authorities for a motor carrier operating in New Mexico; (2) establish minimum requirements for financial responsibility for motor carriers; provided that the financial responsibility standards required shall not be inconsistent with applicable federal standards; (3) establish safety requirements for intrastate motor carrier motor vehicles and drivers subject to the jurisdiction of the department; provided that the safety requirements shall not be inconsistent with or more stringent than applicable federal safety standards; (4) establish reasonable requirements with respect to continuous and adequate service to be provided under an operating authority; (5) regulate the rates of tariffed service carriers to the extent provided in the Motor Carrier Act, including rates and terms of service for storing household goods and motor vehicles; (6) determine matters of public interest and other matters relating to authorities, rates, territories, nature of service and other terms of service of motor carriers; (7) have jurisdiction to determine any matter under the Motor Carrier Act relating to any transportation service carrier that has not obtained an appropriate operating authority from the department; (8) subpoena witnesses and records, enforce its subpoenas through a court and, through the court, seek a remedy for contempt; (9) hold a public hearing specific to a protest or a request by the traffic safety bureau of the department that has been filed within the notice period in opposition to or in consideration of an application; (10) create a statewide tariff for household goods service carriers establishing maximum rates that may be charged by carriers; and (11) adopt rules, issue orders and conduct activities necessary to implement and enforce the Motor Carrier Act. B. The department may: (1) designate inspectors who may inspect the records of a motor carrier subject to the Motor Carrier Act and who shall have the powers of peace officers in the state's political subdivisions with respect to a law or rule that the department is empowered to enforce pursuant to Section 65-1-6 NMSA 1978, excluding the enforcement authority granted to the New Mexico state police division of the department of public safety; (2) institute civil actions in the district court of Santa Fe county in its own name to enforce the Motor Carrier Act, its orders and rules, and in the name of the state to recover assessments of administrative fines; (3) from time to time, modify the type and nature of service, territory and terms of service of operating authorities previously issued, and change or rescind rates previously approved; (4) establish statewide tariffs as needed for voluntary and optional use by tariffed service carriers; and (5) adopt rules to implement these powers. Laws 2003, ch. 359, § 4; 2013, ch. 73, § 3; 2013, ch. 77, § 3; 2023, ch. 100, § 32.

NMSA 1978, § 65-2A-5 Applications in general; ministerial grants of authority; when public hearings required

65-2A-5. Applications in general; ministerial grants of authority; when public hearings required A. A person shall file an application for any matter for which department approval is required. An application shall be made in writing, verified and in a form that contains information and is accompanied by proof of service upon interested persons as required by the department. B. The department shall simplify to the extent possible the process for approving applications. The department may hold a public hearing on its own initiative or specific to an objection that has been filed within the notice period in opposition to or in consideration of an application. C. The department shall hold a public hearing on an application whenever a protest is filed concerning the application during the notice period or the traffic safety bureau of the department requests a hearing during the notice period. D. The department may approve or deny an application in whole or in part, or allow or require particular terms of service as it may find reasonable and appropriate. If no objection, protest or request for hearing by the traffic safety bureau of the department is filed during the notice period, the department may grant the application by ministerial action, if the application complies with the provisions of the Motor Carrier Act and the rules of the department regarding fitness, ability, financial responsibility and safety. Laws 2003, ch. 359, § 5; 2013, ch. 73, § 4; 2013, ch. 77, § 4; 2023, ch. 100, § 33.

NMSA 1978, § 65-2A-6 Notice

65-2A-6. Notice A. The department shall electronically publish notice regarding an application before the department for a certificate or for a change in a certificate, regarding proposed rulemaking, or regarding other orders of the department of general application, by posting a copy of the notice or document on the department's internet website and sending electronic mail to all motor carriers, public officials or agencies, or other persons or entities who have previously supplied electronic mail addresses to the department for the purpose of publication, advising such persons of the filing and posting. If the department in its discretion should also require publication by newspaper, the requirement is met if notice is published once in a newspaper of general circulation in the state. The department shall not act on an application for a certificate or for an amendment, lease or transfer of a certificate less than twenty days after the date notice was published. B. Whenever the Motor Carrier Act requires publication of notice regarding any other matter, the requirement is met if notice is published once in a newspaper of general circulation in the state. The department shall not act on a matter less than ten days after the date notice was published. Laws 2003, ch. 359, § 6; 2013, ch. 73, § 5; 2013, ch. 77, § 5; 2023, ch. 100, § 34.

NMSA 1978, § 65-2A-7 Operating authorities in general

65-2A-7. Operating authorities in general A. Other than an entity receiving funding to supplement transportation services through Title III B of the federal Older Americans Act of 1965, no person shall offer or provide a transportation service for hire within the state without first obtaining an appropriate operating authority from the department. Every motor carrier providing a transportation service shall meet and comply with the requirements of the Motor Carrier Act and the lawfully adopted rules and orders of the department. B. A certificate or warrant, or a change in a certificate, shall be effective from the date issued by the department and shall remain in effect until canceled, revoked, suspended or amended. C. A motor carrier shall carry a copy of its operating authority in each motor vehicle it operates in New Mexico. D. A certificated service carrier shall render reasonably continuous and adequate service as the department may by rule prescribe. Laws 2003, ch. 359, § 7; 2013, ch. 73, § 6; 2013, ch. 77, § 6; 2016, ch. 58, § 2; 2023, ch. 100, § 35.

NMSA 1978, § 65-2A-7.1 Findings

65-2A-7.1. Findings The legislature finds that: A. the federal Older Americans Act of 1965 was enacted in part to allow older Americans to continue "meaningful activity within the widest range of civic, cultural, education and training and recreational opportunities"; B. federal funding through Title III B of the Older Americans Act of 1965 supplements, but does not supplant, funding for transportation services for older Americans; and C. the Older Americans Act of 1965 specifically authorizes the solicitation of voluntary contributions for services supplemented by Title III B funding as long as the solicitation is not coercive. Laws 2016, ch. 58, § 1.

NMSA 1978, § 65-2A-8 Certificates for passenger service

65-2A-8. Certificates for passenger service A. The department may issue a certificate for a passenger service as follows: (1) a certificate for an ambulance service; (2) a certificate for a shuttle service shall be endorsed for nature of service as a scheduled shuttle service or as a general shuttle service; (3) a certificate for a specialized passenger service shall be endorsed for nature of service as provided by department rule; and (4) a certificate for a taxicab service shall be endorsed for nature of service as a municipal taxicab service or as a general taxicab service. B. Except as provided in this section and in Section 65-2A-13 NMSA 1978, the department shall issue a certificate allowing a person to provide passenger service after notice and public hearing requirements are met, if: (1) the applicant is fit and able to provide the transportation service to be authorized by the certificate; (2) the applicant is in compliance with the safety and financial responsibility requirements of the Motor Carrier Act, the rules of the department and other applicable federal and state laws and rules; (3) for an application for ambulance service, the transportation service to be provided under the certificate is or will serve a useful public purpose that is responsive to a public demand or need; and (4) the applicant has filed a tariff as provided in Section 65-2A-20 NMSA 1978. C. Before granting a certificate for passenger service, the department shall consider any objections or protests that were filed within the notice period. D. Before granting a certificate for ambulance service, the department shall also consider the effect that issuance of the certificate would have on existing ambulance service in the territory. E. A certificate issued by the department for provision of passenger service shall contain one or more endorsements, each of which shall specify the: (1) nature of service to be rendered; (2) territory authorized to be served; and (3) reasonable terms of service as the department may allow or require for the particular certificate. F. Territorial endorsements to a certificate for passenger service shall: (1) be limited to territory sought in the application that will be served in a reasonably continuous and adequate manner beginning within thirty days of the issuance of the certificate or such other definite period or date as the department may provide for a particular application and shall generally be authorized on the basis of county or incorporated municipal boundaries, subject to other specification reasonably allowed or required by the department; (2) except for shuttle services, authorize transportation between points and places within the specified territory, and from points and places within the specified territory to all points and places in the state and return, unless otherwise expressly allowed or specified in the terms of service in the endorsement to the certificate; and (3) for shuttle services, provide for transportation between two or more specified end or intermediate terminal points or areas, and authorize pick-up or drop-off of passengers throughout a terminal area, but shall not authorize transportation between points and places within a single terminal area or the provision of transportation services in any other areas of the state. Laws 2003, ch. 359, § 8; 2013, ch. 73, § 7; 2013, ch. 77, § 7; 2023, ch. 100, § 36.

NMSA 1978, § 65-2A-9 Certificates for household goods service

65-2A-9. Certificates for household goods service A. Except as provided in this section and in Section 65-2A-13 NMSA 1978, the department shall issue a certificate allowing a person to provide household goods service after notice and public hearing requirements are met, if the applicant: (1) is fit and able to provide the transportation to be authorized by the certificate; (2) has a place of business and stations equipment within the state and is in compliance with the safety and financial responsibility requirements of the Motor Carrier Act, the rules of the department and other applicable federal and state laws and rules; and (3) has filed a tariff as provided in Section 65-2A-20 NMSA 1978. B. Before granting a certificate for household goods service to an applicant, the department shall consider any objections that were filed within the notice period. C. A certificate issued by the department for provision of household goods service shall contain one or more endorsements, each of which shall specify: (1) the territory to be served, which shall be limited to territory sought in the application that will be served in a reasonably continuous and adequate manner beginning within thirty days of the issuance of the certificate or such other definite period or date as the department may provide for a particular application, and shall generally be specified on the basis of county boundaries, subject to other or further specification by the department by rule or in regard to a particular application; and (2) any reasonable terms of service that the department may allow or require for the particular certificate. Laws 2003, ch. 359, § 9; 2013, ch. 73, § 8; 2013, ch. 77, § 8; 2023, ch. 100, § 37.

NMSA 1978, § 65-2A-11 Temporary authority

65-2A-11. Temporary authority A. The department may without notice grant temporary authority to an applicant for a certificate or for amendment, lease or transfer of all or part of a certificate for a period not to exceed the duration of the application process, if it finds that: (1) the notice period for such application has not yet expired, the application is one directly involving public safety, a governmental program or a specific public event, there is an urgent and immediate public need for such service and the public may be harmed by waiting for the notice period to expire; (2) the applicant for temporary authority has a complete application for a certificate or for amendment, lease or transfer of all or part of a certificate pending before the department; (3) the applicant is fit to provide the transportation service requested, is able to provide any certificated service requested and is in compliance with the safety and financial responsibility requirements of the Motor Carrier Act and the rules of the department; and (4) satisfactory proof of urgent and immediate need has been made by verified proof as the department shall by rule prescribe. B. An applicant for temporary authority as a tariffed service carrier shall file tariffs covering the transportation services for which temporary authority is being sought. C. If a hearing is held before a hearing examiner for any reason on an application for a certificate or for amendment, lease or transfer of all or part of a certificate or for a tariff rate increase, the applicant may move in such proceeding for a grant of temporary authority or rate approval for a period not to exceed the duration of the application process, and any protesting carrier or the traffic safety bureau of the department may move in such proceeding for reconsideration or modification of any grant of temporary authority previously granted by the department or the hearing examiner. The hearing examiner in the proceeding shall hold an expedited preliminary public hearing on the grant of temporary authority on the issues in the proceeding and the testimony evidence presented in the hearing on such procedural basis as the department shall by rule prescribe. D. Motor carriers operating under temporary authority shall comply with the requirements of the Motor Carrier Act and the rules of the department. E. A grant of temporary authority shall not create a presumption that permanent authority will be granted. Laws 2003, ch. 359, § 11; 2013, ch. 73, § 10; 2013, ch. 77, § 10; 2023, ch. 100, § 38.

NMSA 1978, § 65-2A-12 Warrants

65-2A-12. Warrants A. The department shall issue a warrant that allows a person to provide warranted service as a charter service, towing service or motor carrier of property if the department finds that the applicant is in compliance with the financial responsibility and safety requirements of the Motor Carrier Act and the rules of the department. B. A towing service carrier performing nonconsensual tows is subject to tariff rates and terms of service. A towing service carrier performing nonconsensual tows shall not use the same motor vehicles, equipment and facilities used by another warranted towing service carrier performing nonconsensual tows. C. A warrant shall not be transferred or leased to another person. D. The department may without notice or a public hearing cancel a warrant if the owner fails to operate under the warrant for twelve consecutive months or fails to provide proof of financial responsibility as required by the department for four consecutive months. Laws 2003, ch. 359, § 12; 2013, ch. 73, § 11; 2013, ch. 77, § 11; 2017, ch. 109, § 2; 2023, ch. 100, § 39.

NMSA 1978, § 65-2A-13 Protests, objections and hearings

65-2A-13. Protests, objections and hearings A. Any interested person or any member of the public may provide information to the department or express an objection to any application for a certificate, or for amendment, lease or transfer of a certificate, during the notice period for the application by filing a written objection in regard to the application. The department shall consider any objections filed in regard to determining whether to hold a hearing on the application. The department is not required to hold a hearing pursuant to any objection but may, in its discretion or on its own motion for any reason, hold a hearing on any application for a certificate or for an amendment, lease or transfer of a certificate. B. The department shall hold a hearing on an application whenever a protest is filed within the notice period or the traffic safety bureau of the department files a request for a hearing relative to an application within the notice period. The department shall allow a protesting carrier to proceed as an intervenor in the application proceeding. C. In any hearing held on an application: (1) the applicant has the burden of proving that the applicant meets the requirements of the Motor Carrier Act and the rules of the department for the application at issue, the burden of demonstrating with reasonable specificity the nature and scope of its proposed transportation service, the burden of proving any particular factual matters that the department or the traffic safety bureau of the department may identify and require, the burden of proving any additional allegations and matters of public interest that it may raise and, if the application pertains to ambulance service, the burden of proving that the ambulance service that currently exists in the territory sought in the application is inadequate and that the proposed service is directly responsive to a public need and demand for the service proposed; (2) a protesting carrier has the burden of proving all matters of fact pertaining to its full-service operation within its certificated full-service territory, the burden of proving the potential impairment or adverse impact on its existing full-service operation by the transportation service proposed by the applicant and the burden of proving all other allegations and matters of public interest that it may raise. The protesting carrier's proof should include, without limitation, a demonstration with reasonable specificity of the nature of the existing full service being provided, the volume of passengers transported, economic analysis related to expenses and revenues of the full-service operation and the anticipated economic, business or functional effect of the proposed service on the existing provision of, or rates for, full-service transportation within the full-service territory; (3) the department may allow other interested persons to intervene, either generally or on the basis of specific facts or issues. A permissive intervenor has the burden of proof for its position on all factual matters and legal issues that it alleges and on which it is permitted to intervene; and (4) all parties to a hearing may base their demonstration and proof on business data, experienced persons and mathematical calculations. Expert testimony shall not be required of any party but may be provided at the option of a party. D. The department shall not grant an application: (1) for a certificate for ambulance service, or for amendment, lease or transfer of such a certificate, if it finds after hearing that the existing ambulance service is provided on a reasonably continuous and adequate basis in the territory in which the new service is sought or that the holder of the certificate or lessee providing the existing ambulance service in such territory is willing and able to provide, and does subsequently provide, reasonably continuous and adequate service within such territory, as specified by department order; (2) for a new certificate for general taxicab service within the full-service territory of a protesting municipal taxicab service carrier; or (3) for a certificate for any passenger service other than those identified in Paragraphs (1) and (2) of this subsection, or for amendment, lease or transfer of such a certificate, within a protesting full-service carrier's full-service territory, if it finds after hearing that the grant of the application presents a reasonable potential to impair, diminish or otherwise adversely affect the existing provision of full-service passenger service to the public in the full-service territory or if the application is otherwise contrary to the public interest in the full-service territory. In considering the potential effect on provision of transportation services to the public in regard to such an application, the department shall consider all evidence presented pertaining to such potential effect, including evidence of the effect that diversion of revenue or traffic may have on the provision of full-service passenger service to the community. Diversion of revenue or traffic from an existing motor carrier shall not, however, be sufficient grounds for denying the application without a showing that the diversion presents a reasonable potential to affect the provision of full-service passenger service to the community. Laws 2003, ch. 359, § 13; 2013, ch. 73, § 12; 2013, ch. 77, § 12; 2023, ch. 100, § 40.

NMSA 1978, § 65-2A-14 Changes in certificates

65-2A-14. Changes in certificates A. A change in a certificate shall not be valid or effective without the approval of the department. B. The department may, for good cause and after notice and public hearing requirements are met, authorize the following changes in all or part of a certificate at the request of the holder if the department finds: (1) that the applicant for amendment, lease or transfer of a certificate for passenger service meets the requirements pursuant to Section 65-2A-8 NMSA 1978 for a certificate for such passenger service; (2) that the applicant for amendment, lease or a transfer of a certificate for household goods service meets the requirements pursuant to Section 65-2A-9 NMSA 1978 for a certificate for such household goods service; and (3) in addition, that: (a) for transfer or lease of all or part of a certificate, the transferor-applicant has rendered reasonably continuous and adequate service in the territory to be transferred or leased prior to the application for lease or transfer; and (b) for transfer of all or a part of a certificate, accrued taxes, rents, wages of employees and other indebtedness pertaining to all or part of a certificate proposed to be transferred have been paid by the transferor-applicant or assumed by the transferee-applicant. C. The department may, without notice or a public hearing, authorize the following changes in all or part of a certificate at the request of the holder: (1) voluntary cancellation of the certificate; (2) voluntary suspension of the certificate for a period not to exceed twelve consecutive months; (3) change in the form of legal entity or name of the holder of the certificate; (4) reinstatement of the certificate following voluntary suspension of a period not exceeding twelve consecutive months; (5) change in control of a holder of the certificate through issuance or transfer of stock or other legal interest in a holder that is a corporation, partnership, trust or other legal business entity; and (6) matters pertaining to transfers by operation of law. Laws 2003, ch. 359, § 14; 2013, ch. 73, § 13; 2013, ch. 77, § 13; 2023, ch. 100, § 41.

NMSA 1978, § 65-2A-15 Multiple operating authorities and business trade names allowed

65-2A-15. Multiple operating authorities and business trade names allowed A. A person may simultaneously hold certificates for different kinds of certificated services and warrants for different kinds of warranted service within the same territory. B. Any motor carrier that holds more than one certificate for the same kind and nature of certificated service in the same territory shall file an application with the department to consolidate the operating authorities. C. The department shall not grant any new operating authority to a motor carrier that duplicates the operating authority of the same kind and for the same territory already held by that motor carrier. D. Certificated service carriers holding both a certificate and warrant for related services may use the same vehicles and may transport passengers and property, or mixed loads of household goods and property, pursuant to those authorities in the same vehicles and on the same trip. E. Every certificated or warranted service carrier shall file with the traffic safety bureau of the department all business trade names under which the carrier operates its service or services authorized and shall provide the traffic safety bureau of the department with proof of financial responsibility for all business trade names in addition to its legal name. The department shall accept business trade names as submitted by a carrier. Filing with the traffic safety bureau of the department shall not, by itself, establish or otherwise affect the ownership or right to use a business trade name under the intellectual property laws of the state of New Mexico. Laws 2003, ch. 359, § 15; 2013, ch. 73, § 14; 2013, ch. 77, § 14; 2023, ch. 100, § 42.

NMSA 1978, § 65-2A-16 Interstate motor carriers

65-2A-16. Interstate motor carriers A. Foreign and domestic motor carriers, motor private carriers, leasing companies, brokers and freight forwarders shall not operate in interstate commerce in this state without first registering with a base state and paying all fees as required under the federal Unified Carrier Registration Act of 2005. The department is authorized to register applicants and collect all fees without notice or a public hearing. B. The department is authorized to follow rules and collect fee assessments set by the federal secretary of transportation from foreign and domestic motor carriers, motor private carriers, leasing companies, brokers and freight forwarders and do all things necessary to enable New Mexico to participate in the federal unified carrier registration system pursuant to the federal Unified Carrier Registration Act of 2005, including the collection of an equal amount of revenue as was collected by the department in the last registration year under Section 4005 of the federal Intermodal Surface Transportation Efficiency Act of 1991 and the collection of an equal amount of revenue annually from all other sources allowed under the federal Unified Carrier Registration Act of 2005 in the last year that such collections were not prohibited by federal law. C. The department is the state agency in New Mexico responsible for operation of the federal Unified Carrier Registration Act of 2005, including participating in the development, implementation and administration of the unified carrier registration agreement. The department is authorized to follow rules governing the unified carrier registration agreement issued under the unified carrier registration plan by its board of directors. D. Revenue remitted to the state from fees imposed by the federal Unified Carrier Registration Act of 2005 shall be remitted to the state treasurer, who shall deposit the revenue in the motor transportation fee fund. E. Compliance by an interstate motor carrier with the provisions of the federal Unified Carrier Registration Act of 2005 shall not authorize a carrier to provide intrastate transportation services in New Mexico. An interstate motor carrier wishing to provide compensated transportation in intrastate commerce shall apply for the appropriate intrastate operating authority from the department. A taxicab service or shuttle service traveling to or from a federally licensed airport terminal facility located in the state of New Mexico is engaged in nonexempt intrastate business within the state regardless of a prior exemption if its service provides, with regard to any service run, for both: (1) initiation of the transportation of one or more passengers within this state; and (2) delivery to a departure point within this state of one or more passengers whose transportation on that service run was initiated at a point within this state. Laws 2003, ch. 359, § 16; 2006, ch. 71, § 1; 2013, ch. 73, § 15; 2013, ch. 77, § 15; 2021, ch. 32, § 1; 2023, ch. 100, § 43.

NMSA 1978, § 65-2A-18 Financial responsibility

65-2A-18. Financial responsibility A. The department shall prescribe minimum requirements for financial responsibility for all motor carriers. B. A motor carrier shall not operate on the highways of this state without having filed with the department proof of financial responsibility in the form and amount as the department shall by rule prescribe. C. In prescribing minimum requirements for financial responsibility for motor carriers, the department shall adopt the same minimum liability insurance requirements as those required by the federal motor carrier safety administration for interstate motor carriers for all motor vehicles for carriage of property or household goods and for all passenger motor vehicles with such capacities. The department shall adopt reasonable minimum liability insurance requirements for the use of passenger motor vehicles with capacities less than those regulated by the federal motor carrier safety administration and in doing so shall consider the number of passengers being transported and the nature of the transportation services provided by the motor carriers using vehicles of those capacities. D. The department may authorize a motor carrier to carry its own insurance in lieu of filing a policy of insurance, certificate showing the issuance of a policy of insurance or a surety bond. In approving an application to be self-insured, the department shall consider: (1) the financial stability of the carrier; (2) previous loss history of the carrier; (3) the safety record of the carrier; (4) the size, nature of operations and other operating characteristics of the carrier; and (5) other factors necessary for the protection of passengers, shippers and the public. E. Notwithstanding any requirement of the New Mexico Insurance Code [Chapter 59A NMSA 1978] to the contrary, the department may accept proof of public liability insurance from an insurer not authorized in New Mexico if: (1) the insurance is for an interstate motor carrier transporting commodities exempt from regulation by the federal motor carrier safety administration participating in the unified carrier registration system for those motor carriers; and (2) the insurer is authorized to write public liability insurance in at least one other state. F. All motor carriers shall carry proof of financial responsibility in each motor vehicle they operate in this state. Laws 2003, ch. 359, § 18; 2005, ch. 288, § 2; 2013, ch. 73, § 16; 2013, ch. 77, § 16; 2023, ch. 100, § 44.

NMSA 1978, § 65-2A-19 Safety requirements for motor vehicles and drivers

65-2A-19. Safety requirements for motor vehicles and drivers A. A motor carrier shall provide safe and adequate service, equipment and facilities for the rendition of transportation services in this state. B. The department shall prescribe safety requirements for drivers and for motor vehicles weighing twenty-six thousand pounds or less or carrying fifteen or fewer persons, including the driver, used by intrastate motor carriers operating in this state. The department may prescribe additional requirements related to safety, including driver safety training programs, vehicle preventive maintenance programs, inquiries regarding the safety of the motor vehicles and drivers employed by a motor carrier, and the appropriateness of the motor vehicles and equipment for the transportation services to be provided by the motor carrier. C. The New Mexico state police division of the department of public safety may immediately order, without notice or a public hearing, a motor vehicle to be taken out of service for violation of a federal or state law or rule relating to safety if the violation would endanger the public health or safety. D. The department shall implement rules requiring carriers to obtain criminal background reports for all employed or contract drivers of certificated service carriers and for all other persons employed by certificated household goods service carriers who enter private dwellings in the course of household goods service. Laws 2003, ch. 359, § 19; 2013, ch. 73, § 17; 2013, ch. 77, § 17; 2017, ch. 109, § 3; 2023, ch. 100, § 45.

NMSA 1978, § 65-2A-20 Tariffs

65-2A-20. Tariffs A. A tariffed service carrier shall not commence operations or perform a new service under its operating authority without having an approved tariff on file with the department. B. A tariffed service carrier shall file with the department proposed tariffs showing the rates for transportation and all related activities and containing a description of the type and nature of the service, territory and all terms of service for transportation and related services. The rates shall be stated in terms of United States currency. Tariffs for individual carriers shall also include the carrier's legal name, all business trade names used by the carrier, contact information, information for service of process, the territory authorized for each transportation service listed in the tariff and any terms of service contained in the operating authorities for that particular carrier. Each tariffed service carrier operating pursuant to a statewide tariff shall file with the department a tariff statement referencing the statewide tariff being used and include the carrier's legal name, all business trade names used by the carrier, contact information, information for service of process, the territory authorized for that carrier and any terms of service contained in the operating authority for that particular carrier. C. A tariffed service carrier shall not charge, or permit its agents, employees or contract drivers to charge, a different or additional rate, or to use different or additional practices or terms of service, for transportation or for a service rendered to or for the user of the service other than the rates and terms of service specified in approved tariffs in effect at the time, except: (1) for ambulance and household goods service carriers, in accordance with rates and terms of service established by federal or state law for federal or state governmental programs or operations; and (2) for tariffed passenger service carriers other than ambulance service carriers, in accordance with the rates and terms of service established by governmental programs or operations in which they voluntarily participate. D. A tariffed service carrier shall not pay or refund, directly or indirectly to any person, a portion of the rate specified in its approved tariff, offer to a person privileges or facilities, perform a service or remit anything of value, except: (1) in accordance with tariffs approved by the department; (2) for ambulance and household goods service carriers, in accordance with rates and terms of service established by federal and state law for federal and state governmental entities, programs or operations; (3) for tariffed passenger service carriers other than ambulance service carriers, in accordance with the rates and terms of service established by governmental programs or operations in which they voluntarily participate; or (4) in settling or resolving a claim by a customer. E. The department shall post on its internet website electronic copies of all currently approved individual and statewide tariffs, and all tariff statements filed by carriers using statewide tariffs, in a manner to facilitate public access, review and comparison of rates and terms of service. A certificated passenger service carrier other than an ambulance service carrier shall post its tariff rates in each vehicle used in the provision of its transportation service. F. A tariffed service carrier shall file an application with the department for any change in the tariff, accompanied by the proposed tariff, at least twenty days prior to implementation of the amended rates and terms of service contained in the tariff. Except as provided in this section, an amended tariff shall be approved and become effective twenty days after filing of the application for a change in the tariff. The department shall post notice of each application for a change in a tariff along with a copy of the proposed tariff on the department website. G. No changes in terms of service disapproved by the traffic safety bureau of the department as inconsistent with the Motor Carrier Act, rule of the department, the individual operating authority of the carrier or otherwise in violation of law shall become effective or be part of the approved tariff. The following terms of service contained in a tariff shall not be considered inconsistent with, or predatory or discriminatory in nature under the Motor Carrier Act or department rule: (1) a carrier may decline or terminate service under circumstances that reasonably appear to present a physical danger to the driver, to another employee of the carrier or to passengers or, for carriers other than ambulance service carriers, a danger to the condition of the motor vehicle or cargo; (2) a carrier is not responsible for cancellations or delays due to weather or road conditions when reasonably required for safety or when due to road construction, road closures, law enforcement stops or similar matters beyond the control of the carrier; (3) a passenger service carrier may require that all firearms carried by any passenger other than an authorized law enforcement officer be unloaded and placed in a locked area of the vehicle during transport, along with all ammunition and any other weapons; or (4) a passenger service carrier other than an ambulance service carrier may decline or terminate service when the passenger cannot give an adequate description of, or direction to, the destination or cannot transfer into or out of the motor vehicle without requiring physical assistance from the driver. H. An application for amendment of tariff rates that increases any tariff rate to a level greater than that previously approved by the department for a full-service carrier or a towing service providing nonconsensual tows shall not become effective until approved by the department as reasonable under Section 65-2A-21 NMSA 1978. The department shall hold a hearing appropriate to the type of transportation service provided by the carrier for any such application, if requested by the applicant or by the traffic safety bureau of the department, or if ordered in the discretion of the department. The department may provide for reasonable periodic rate increases for full-service carriers or towing services providing nonconsensual tows pursuant to a rate escalator or adjustment clause for any or all rates of a carrier on such basis as the department finds reasonable. I. A person may make a complaint in writing to the department that a rate or term of service contained in a tariff, or a rate otherwise charged or practice otherwise effected, is inconsistent with or in violation of the Motor Carrier Act, department rule or the operating authority or current tariff of the motor carrier. The department may suspend the operation of a rate, term of service or practice for a period not to exceed sixty days to investigate its reasonableness. If the department finds that a rate charged by a tariffed carrier, or a term of service or practice effected by a tariffed carrier, is unauthorized, predatory or discriminatory, the department shall prescribe the rate or the maximum or minimum rate to be observed or the terms of service to be made effective. Laws 2003, ch. 359, § 20; 2013, ch. 73, § 18; 2013, ch. 77, § 18; 2023, ch. 100, § 46.

NMSA 1978, § 65-2A-21 Rates

65-2A-21. Rates A. Tariffed service carriers shall observe nonpredatory and nondiscriminatory rates and terms of service for the transportation services they provide. A predatory or discriminatory charge for service is unlawful. B. Reduced rates for minor children accompanied by an adult, for students traveling between their homes and their schools and for persons sixty-five years of age or older shall not be considered discriminatory. A motor carrier shall not furnish free transportation to persons except to bona fide owners, officers, employees or other business personnel of the motor carrier and their dependents. C. Towing services performing nonconsensual tows may charge rates lower than the rates in their approved tariff to members of not-for-profit motor clubs after those rates have been filed with the department. D. A household goods service carrier shall establish and observe nonpredatory and nondiscriminatory rates and practices relating to the manner and method of presenting, marking, packing and delivering household goods for transportation and other matters relating to the transportation of household goods. E. In proceedings to determine the reasonableness of rates, the department shall authorize revenue levels that are adequate under honest, economical and efficient management to cover total operating expenses, including the operation of leased motor vehicles, and depreciation, plus a reasonable profit. The rules adopted by the department to implement this section shall allow a carrier to achieve revenue levels that will provide a flow of net income, plus depreciation, adequate to support prudent capital outlays, ensure the repayment of a reasonable level of debt, permit the raising of needed equity capital and attract and retain capital in amounts adequate to provide a sound motor carrier transportation system in the state. Laws 2003, ch. 359, § 21; 2013, ch. 73, § 19; 2013, ch. 77, § 19; 2023, ch. 100, § 47.

NMSA 1978, § 65-2A-22 Time schedules

65-2A-22. Time schedules A. A scheduled shuttle service carrier shall file a proposed time schedule with its tariff and shall file any change in its schedule through an amended tariff. B. Failure by a scheduled shuttle service carrier to operate the service on each day pursuant to department rule as scheduled in its tariff shall result in an appropriate penalty as the department, in its discretion, shall determine. C. A time schedule shall not be designed to require the operation of a motor vehicle between given terminals or terminal areas at a rate of speed greater than the maximum speed allowed. Laws 2003, ch. 359, § 22; 2013, ch. 73, § 20; 2013, ch. 77, § 20; 2023, ch. 100, § 48.

NMSA 1978, § 65-2A-23 Motor carrier organizations

65-2A-23. Motor carrier organizations A. A tariffed service carrier may enter into discussions with another tariffed service carrier to establish a motor carrier organization. The organization shall obtain authorization from the department before its members enter into any discussions concerning the rates contained in a statewide tariff. The department may authorize the creation of a motor carrier organization to discuss and promote industry matters, other than the rates of individual carriers, if the organization: (1) allows any intrastate motor carrier authorized to provide the same type of service to become a member of the organization and allows a member carrier to discuss matters before the organization and to vote upon any proposal; (2) does not interfere with a member carrier's right to establish its own tariff and does not change or cancel an independently established tariff; (3) does not file an objection, protest or complaint with the department against a tariff item independently published by or for the account of a member carrier; (4) does not permit its employees or an employee committee to file or act upon a proposal effecting a change in a tariff item published by or for the account of a member carrier; and (5) proposes matters concerning statewide tariffs for approval by the department. B. A member carrier of the organization shall file with the department information as the department may by rule prescribe. C. A motor carrier organization approved by the department pursuant to this section shall be subject to accounting, recordkeeping, reporting and inspection requirements as the department may by rule prescribe. D. The department may, upon complaint or upon its own initiative, investigate and determine whether a motor carrier organization previously authorized by it is not in conformity with the requirements of this section or with the terms and conditions upon which the motor carrier organization was granted authorization. The department may modify or terminate its authorization of a motor carrier organization found to be noncompliant with the requirements of this rule. E. The antitrust laws of the state shall not apply to discussions concerning general industry matters, terms of service or any matters concerning a statewide tariff, including the rates contained in a statewide tariff, by member carriers of a motor carrier organization authorized by the department. Laws 2003, ch. 359, § 23; 2013, ch. 73, § 21; 2013, ch. 77, § 21; 2023, ch. 100, § 49.

NMSA 1978, § 65-2A-24 Motor vehicle leases; driver contracts

65-2A-24. Motor vehicle leases; driver contracts A. An intrastate motor carrier shall not lease a motor vehicle or operate a leased motor vehicle in the course of its transportation service except as provided by department rule. The department may approve a motor vehicle lease without notice or a public hearing. B. A motor carrier may use employed or contract drivers or taxicab association member drivers in the provision of a transportation service. Regardless of the provisions of any written or oral agreement between a motor carrier and a contract driver or taxicab association member driver, motor carriers providing transportation services that use contract drivers or taxicab association member drivers remain fully responsible to the department for complying with all provisions of the Motor Carrier Act and department rules applicable to transportation service carriers. C. Motor carriers providing intrastate transportation services that use contract drivers or taxicab association member drivers shall maintain, at their principal places of business within the state, a current written agreement with each such driver. No agreement with any contract driver or taxicab association member driver shall contain any provision contrary to a provision of the Motor Carrier Act or a rule of the department. Each written agreement shall contain a clause that requires the contract driver or taxicab association member driver to adhere to all provisions of the Motor Carrier Act and to all department rules applicable to transportation service carriers. Laws 2003, ch. 359, § 24; 2013, ch. 73, § 22; 2013, ch. 77, § 22; 2023, ch. 100, § 50.

NMSA 1978, § 65-2A-25 Household goods operations

65-2A-25. Household goods operations A. The department shall establish a statewide tariff for household goods services, containing terms of service and maximum rates that household goods service carriers may charge the public. B. A certificated household goods service carrier shall be responsible for acts or omissions of its agents that relate to the performance of household goods transportation services, including accessorial or terminal services, that are within the actual or apparent authority of the agent derived from or ratified by the certificated household goods service carrier. C. A certificated household goods service carrier shall use reasonable care in selecting and retaining household goods agents who are sufficiently knowledgeable, fit, willing and able to provide adequate household goods transportation services, including accessorial and terminal services, and to fulfill the obligations imposed upon them by the Motor Carrier Act and by the certificated household goods service carrier. D. If the department has reason to believe from a complaint or investigation that a household goods agent has violated Subsection G or H of Section 65-2A-33 NMSA 1978, or is consistently unfit, unwilling or unable to provide adequate household goods transportation services, including accessorial and terminal services, the department may issue to that household goods agent notice of the complaint, specific charges and the time and place for a hearing on the complaint. The hearing shall be held no later than sixty days after service of the complaint to the household goods agent. The household goods agent has the right to appear at the hearing and rebut the charges contained in the complaint. E. If the household goods agent does not appear at the complaint hearing, or if the department finds that the household goods agent has violated Subsection G or H of Section 65-2A-33 NMSA 1978, or is consistently unfit, unwilling or unable to provide adequate household goods transportation services, including accessorial and terminal services, the department shall issue an order to compel compliance by the household goods agent. Thereafter, the department may issue an order to limit or prohibit the household goods agent from any involvement in the provision of household goods transportation services if, after notice and an opportunity to be heard, it finds that the household goods agent has failed to comply with the order within a reasonable time after the date of its issuance, but in no event less than thirty days after its issuance. A household goods agent may file a petition with the department seeking reconsideration of an order entered by the department pursuant to this section. F. The department shall adopt rules for the following elements of household goods transportation services: (1) methods of determining shipping charges; (2) cost estimates, for which charges shall be subject to the antitrust laws of this state; (3) inventory; (4) weighing; (5) receipts and bills of lading; (6) liability based on value established between the motor carrier and the shipper; (7) equipment stationing by, and joint transportation between, household goods service carriers; (8) household goods agents; and (9) service standards. G. In adopting reasonable rules for intrastate household goods service carriers, the department shall balance the interests of shippers and carriers and consider and observe industry standards. H. The antitrust laws shall not apply to discussions or agreements between a household goods service carrier and its authorized agents, whether or not an agent is also a household goods service carrier when related solely to: (1) rates for the transportation of household goods under the authority of the principal carrier; (2) accessorial, terminal, storage or other charges for transportation services incidental to the transportation of household goods transported under the authority of the principal carrier; (3) allowances relating to transportation of household goods under the authority of the principal carrier; or (4) ownership of a household goods service carrier by an agent or membership on the board of directors of any household goods service carrier by an agent. Laws 2003, ch. 359, § 25; 2013, ch. 73, § 23; 2013, ch. 77, § 23; 2023, ch. 100, § 51.

NMSA 1978, § 65-2A-26 Household goods voluntary dispute settlement program

65-2A-26. Household goods voluntary dispute settlement program A. The department shall establish a program to settle disputes, at the voluntary option of the shipper, between shippers and all household goods service carriers concerning the transportation of household goods, which shall be a fair and expeditious method for settling disputes and complies with each of the following requirements and rules the department may prescribe: (1) the program is designed to prevent a household goods service carrier from having any special advantage in a case in which the shipper resides or does business at a place distant from the motor carrier's place of business; (2) the program provides adequate notice of its availability, including a concise, understandable and accurate summary of the program and disclosure of the legal effects of using the program. The notice shall be given to the shipper before the shipper tenders the household goods to the motor carrier for transportation; (3) upon request of a shipper, the motor carrier shall promptly provide forms and other information necessary to initiate an action to resolve a dispute under the program; (4) a person authorized pursuant to the program to settle disputes shall be independent of the parties to the dispute and shall be capable, as determined by rules prescribed by the department, to resolve disputes fairly and expeditiously. The program shall ensure that a person chosen to settle a dispute is authorized and able to obtain from the shipper or motor carrier any material and relevant information necessary to carry out a fair and expeditious decision-making process; (5) the person settling the dispute may charge the shipper a fee of not more than twenty-five dollars ($25.00) for instituting a proceeding under the program if the program is binding solely on the carrier, but shall not charge the shipper a fee otherwise. The person settling the dispute shall refund the fee to the shipper in a case in which the dispute is settled in favor of the shipper, unless the person settling the dispute determines that the refund is inappropriate; (6) the program shall not require the shipper to agree to use the dispute settlement program prior to the time that a dispute arises; (7) the program may provide for an oral presentation of a dispute concerning transportation of household goods by a party to the dispute or a party's representative, but an oral presentation shall not be made unless the parties to the dispute expressly agree to the presentation and the date, time and location of the presentation; and (8) a person settling a dispute under the program shall, as expeditiously as possible, but no later than sixty days after receipt of written notification of the dispute, render a decision based on the information gathered; except that, in a case in which a party to the dispute fails to timely provide information that the person settling the dispute may reasonably require, the person settling the dispute may extend the sixty-day period for a reasonable period of time. A decision resolving a dispute may include remedies appropriate under the circumstances, including repair, replacement, refund or reimbursement for expenses and compensation for damages. B. The department may investigate at any time the functioning of the program approved under this section and may, after notice and an opportunity to be heard, take appropriate action against any household goods service carrier for failure to meet the requirements of this section and rules as the department may prescribe. C. In a court action to resolve a dispute between a shipper and a household goods service carrier, concerning the transportation of household goods by the carrier, the shipper shall be awarded reasonable attorney fees if: (1) the shipper submits a claim to the carrier within one hundred twenty days after the date the shipment is delivered or the date delivery is scheduled, whichever is later; (2) the shipper prevails in the court action; and (3) a decision resolving the dispute was not rendered under the dispute settlement program within sixty days or an extension of the sixty-day period; or (4) the court proceeding is to enforce a decision rendered under the dispute settlement program and is instituted after the period for performance under the decision has elapsed. D. In a court action to resolve a dispute between a shipper and a household goods service carrier concerning the transportation of household goods by the carrier, the carrier shall be awarded reasonable attorney fees by the court only if the shipper brought the action in bad faith: (1) after resolution of the dispute under the dispute settlement program; or (2) after institution of a proceeding by the shipper to resolve the dispute under the dispute settlement program and before: (a) the expiration of the sixty-day period or extension of the sixty-day period for resolution of the dispute; and (b) a decision resolving the dispute is rendered under the program. Laws 2003, ch. 359, § 26; 2013, ch. 73, § 24; 2013, ch. 77, § 24; 2023, ch. 100, § 52.

NMSA 1978, § 65-2A-26.1 Indemnity provisions in motor carrier transportation contracts void

65-2A-26.1. Indemnity provisions in motor carrier transportation contracts void A. A provision or agreement contained in, collateral to or affecting a motor carrier transportation contract that requires the motor carrier to indemnify or hold harmless, or that has the effect of indemnifying or holding harmless, the shipper from liability for loss or damage resulting from the negligence or intentional acts or omissions of the shipper, or agents, employees or independent contractors that are directly responsible to the shipper, is against the public policy of this state and is void and unenforceable. B. As used in this section, "motor carrier transportation contract": (1) means a contract, agreement or understanding covering: (a) the transportation of property for compensation or hire by the motor carrier; (b) the entrance on real property by the motor carrier for the purpose of loading, unloading or transporting property for compensation or hire; or (c) a service incidental to an activity described in Paragraph (1) or (2) of this subsection, including storage of property; and (2) does not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the intermodal association of North America or other agreements providing for the interchange, use or possession of intermodal chassis or other intermodal equipment. Laws 2009, ch. 183, § 1.

NMSA 1978, § 65-2A-27 Involuntary suspension, revocation or amendment of operating authorities; reinstatement

65-2A-27. Involuntary suspension, revocation or amendment of operating authorities; reinstatement A. The department shall immediately suspend, without notice or a public hearing, the operating authority of a motor carrier for failure to continuously maintain the forms and amounts of financial responsibility prescribed by department rule. B. The department may immediately suspend, without notice or a public hearing, the operating authority of a motor carrier for violation of a safety requirement of the Motor Carrier Act, the department's rules or the rules of the New Mexico state police division of the department of public safety, if the violation endangers the public health or safety. C. The department may, upon complaint or the department's own initiative and after notice and a public hearing, if required, order involuntary suspension, revocation or amendment, in whole or in part, of an operating authority for failure to: (1) comply with a provision of the Motor Carrier Act; (2) comply with a lawful order or rule of the department; (3) comply with a term of service of an operating authority or tariff; or (4) render reasonably continuous and adequate service under a certificate. D. The department may approve an application for reinstatement of an operating authority following involuntary suspension if it finds, after notice and public hearing requirements are met, that: (1) the reasons for the involuntary suspension no longer pertain; and (2) the holder of the operating authority is fit, and a certificate holder is able, to provide the authorized transportation services, and the holder will comply with the Motor Carrier Act and the rules of the department. Laws 2003, ch. 359, § 27; 2013, ch. 73, § 25; 2013, ch. 77, § 25; 2023, ch. 100, § 53.

NMSA 1978, § 65-2A-28 Designation of an agent for service of process

65-2A-28. Designation of an agent for service of process A. An applicant for an operating authority shall file with the department an appointment in writing of a resident agent for service of process. The appointment shall specify the address of the agent and shall stipulate that service upon the appointed agent of process of the department or of a court shall have the same force and effect as if service had been made personally upon the motor carrier within this state. The appointment shall continue in force until the motor carrier files an appointment of a substitute agent or until liability against the motor carrier growing out of its operations in the state has terminated. A copy of the appointment, duly certified by the department, shall be accepted as sufficient evidence of appointment of an agent in a court of the state. B. If the holder of an operating authority from the department operates without appointing a resident agent for service of process, or the department has unsuccessfully attempted to serve process upon the designated resident agent, the holder shall be deemed to have appointed the secretary of state as its resident agent for service of process in an action or proceeding against the motor carrier growing out of an accident, collision or transaction in which the motor carrier may be involved by operating in this state. C. If the secretary of state is served with process directed to the holder of an operating authority from the department, the secretary of state shall forward the process by certified mail to the motor carrier at the address shown on its last change of address report, annual report or application with respect to its operating authority, whichever is most recent. The secretary of state shall file a certificate of service with the department, which shall be accepted as prima facie proof of service. D. The secretary of state shall assess to the motor carrier the fee prescribed in Section 65-2A-36 NMSA 1978 for a process from a court served upon the secretary of state but shall not charge a fee for service of department process. E. The principal motor carrier of a household goods agent shall be deemed to be the agent for service of process of the household goods agent unless the household goods agent notifies the department in writing of the substitution of another agent for service of process. Laws 2003, ch. 359, § 28; 2013, ch. 73, § 26; 2013, ch. 77, § 26; 2023, ch. 100, § 54.

NMSA 1978, § 65-2A-29 Reports and records

65-2A-29. Reports and records A. The department shall establish reasonable requirements with respect to reports, records and uniform systems of accounts and preservation of records for motor carriers. B. The department may require any holder of an operating authority from the department or any lessee of an authority to prepare and transmit to the department an annual report of its operations. The report shall be in the form, contain specific information, including financial information, and be due on a date as the department may by rule require. Financial data filed by motor carriers in annual reports shall not be made available for inspection by the public. C. The department or its employees or duly authorized agents shall, at all times, have access to: (1) land, buildings, improvements to real property and equipment of motor carriers used in connection with their operations; and (2) records kept by motor carriers. D. The department may, by order, require a motor carrier subject to the Motor Carrier Act, or its officers or agents, to produce within this state at such reasonable time and place as it may designate, original or certified copies of records regardless of where they are kept by the motor carrier when their production is pertinent to a matter before the department, in order that the department may examine them. No trade secret or business confidentiality immunity or privilege may be asserted by the motor carrier in response to such an order or request; provided that nothing in this provision shall prevent a carrier from moving for, or the department from entering, an appropriate protective order to preserve the carrier's trade secrets or business confidentiality from further disclosure, nor shall this provision or any production required under this provision waive or diminish the carrier's trade secret or business confidentiality immunity or privilege as to persons other than the department. E. The New Mexico state police division of the department of public safety shall furnish to the department all information needed or required by the department to carry out its responsibilities when the information is obtainable only through field enforcement. F. All applications, protests, objections, amendments to filings, operating authorities, tariffs, pleadings or any other documents filed in docketed proceedings not subject to confidentiality orders are public records and shall, as soon as practical, be made electronically available to the public. Laws 2003, ch. 359, § 29; 2013, ch. 73, § 27; 2013, ch. 77, § 27; 2023, ch. 100, § 55.

NMSA 1978, § 65-2A-30 Unauthorized carrying of persons prohibited

65-2A-30. Unauthorized carrying of persons prohibited Except in the case of an emergency, a transportation service carrier not authorized to transport passengers shall not carry a passenger, including a hitchhiker, except on-duty employees of the motor carrier or department representatives on official business in a vehicle used in the provision of transportation service under its operating authority. Laws 2003, ch. 359, § 30; 2013, ch. 73, § 28; 2013, ch. 77, § 28; 2023, ch. 100, § 56.

NMSA 1978, § 65-2A-31 Witnesses; subpoenas; service of process

65-2A-31. Witnesses; subpoenas; service of process A. If the department orders a person to appear before it, the department shall compensate the witness one full day's per diem plus mileage as provided for employees in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. The state shall pay such compensation out of the motor transportation fee fund pursuant to rules of the department of finance and administration. Witnesses subpoenaed by parties other than the department shall be paid the same compensation by the party issuing the subpoena. B. A person shall not be excused from testifying or producing documentary evidence before the department or a court in obedience to a subpoena of the department issued pursuant to the Motor Carrier Act on the ground that the testimony or documentary evidence required of the person may tend to incriminate the person or subject the person to a penalty. A person shall not be prosecuted or subjected to a penalty for a transaction or matter about which the person may be required to testify or produce documentary evidence; provided that a person testifying shall not be exempt from prosecution and punishment for perjury committed in testifying. A person shall not be required to testify or produce documentary evidence in response to an inquiry not pertinent to a question lawfully before the department or court for determination. C. Upon request of the department, a district court may issue a writ of attachment to a person who fails to comply with a subpoena issued by the department compelling the person to comply with the subpoena. The court shall have the power to punish for contempt in the same manner as for disobedience of a subpoena issued by the court. D. The department may administer an oath, certify to an official act, issue a subpoena and compel the attendance of a witness and the production of evidence in hearings before the department for the purposes provided in the Motor Carrier Act. E. The department may issue and serve process on the person affected by delivering a copy of the process, signed by a member of the department, to the person or to an officer or agent of the person. An employee of the department, a duly authorized law enforcement officer or a person over the age of eighteen who is not a party to the proceeding may serve process and shall return a copy of the process served, with an endorsement of service, to the department. The endorsed process shall be entered into the record of the proceeding and shall be prima facie evidence that the process was duly served. F. The department may in writing authorize an employee or other person to investigate and take testimony regarding a matter pending before the department. Laws 2003, ch. 359, § 31; 2023, ch. 100, § 57.

NMSA 1978, § 65-2A-32 Administrative penalties

65-2A-32. Administrative penalties A. If the department finds after investigation that a provision of the Motor Carrier Act or an order or rule of the department is being, has been or is about to be violated, it may issue an order specifying the actual or proposed acts or omissions to act that constitute a violation and require that the violation be discontinued, rectified or prevented. B. Notwithstanding the existence of any other penalties, the department may assess an administrative fine of not more than ten thousand dollars ($10,000) for each violation of a provision of the Motor Carrier Act or of a lawful rule or order of the department. In case of a continuing violation, each day's violation shall be deemed to be a separate and distinct offense. C. Notwithstanding the existence of other penalties, the department may assess an administrative fine of not more than ten thousand dollars ($10,000) against a person knowingly using a motor carrier not properly authorized by the department. D. All penalties accruing under the Motor Carrier Act shall be cumulative, and a suit for recovery of one penalty shall not be a bar to or affect the recovery of any other penalty or be a bar to any criminal prosecution under the Motor Carrier Act. Laws 2003, ch. 359, § 32; 2023, ch. 100, § 58.

NMSA 1978, § 65-2A-33 Criminal and civil penalties; unfair trade practices

65-2A-33. Criminal and civil penalties; unfair trade practices A. A person who knowingly makes a false statement of material fact under oath or penalty of perjury in a department proceeding, whether orally or in writing, shall be guilty of perjury. B. A person who willfully makes a false return of process or report to the department or an employee of the department, and a person who knowingly aids or abets a person who willfully makes a false return of process or report to the department or an employee of the department, shall be guilty of a felony, and upon conviction shall be imprisoned for not more than five years. C. A person who willfully makes a false entry in records required by the Motor Carrier Act or the rules of the department, willfully destroys, mutilates or by other means willfully falsifies the records or willfully neglects or fails to make full, true and correct entries of all facts, shall be guilty of a felony and upon conviction shall be imprisoned for not more than five years. D. An employee of the department who divulges information about an inspection, examination or investigation of a record or of the property and facilities of a motor carrier, except insofar as may be authorized by the department or a court of competent jurisdiction, shall be guilty of a misdemeanor and upon conviction shall be fined not more than one thousand dollars ($1,000). E. A person who violates or who procures, aids or abets in the violation of a provision of the Motor Carrier Act or a rule or order of the department shall be guilty of a misdemeanor and upon conviction shall be fined not more than one thousand dollars ($1,000), imprisoned for not more than ninety days, or both. F. A motor carrier shall be guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars ($500), imprisoned for not more than six months, or both, if the motor carrier: (1) refuses to permit examination of its records; (2) conceals, destroys or mutilates its records; (3) attempts to conceal, destroy or mutilate its records; or (4) removes its records beyond the limits of the state for the purpose of preventing examination. G. A person who commits weight-bumping shall be guilty of a felony and upon conviction shall be fined not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), imprisoned for not more than two years, or both. H. A person shall be assessed a civil penalty of not more than two thousand dollars ($2,000) for each violation and not more than five thousand dollars ($5,000) for each subsequent violation if the person knowingly engages in or authorizes an agent or other person to: (1) falsify the documents used in the transportation of household goods that evidence the weight of shipment; or (2) charge for accessorial services that are not performed, or for which the carrier is not entitled to be compensated, in a case in which such services are not reasonably necessary for the safe and adequate transportation of the shipment. I. A law enforcement officer of the state shall arrest and the district attorney and attorney general shall prosecute a violation of the Motor Carrier Act. J. It is an unfair and deceptive trade practice under the Unfair Practices Act [Chapter 57, Article 12 NMSA 1978] for any transportation service carrier to offer or provide transportation services of a type for which, or in any territory in which, it is not authorized to do so by the department. The attorney general or a person who has been damaged or who is likely to be damaged as the result of such unauthorized service, including a shipper, a passenger or an authorized transportation service carrier, may bring an action pursuant to the Unfair Practices Act against the transportation service carrier regarding such unauthorized service. Any such civil action shall be in addition to, and shall not bar, any investigation or civil or criminal enforcement action regarding the unauthorized service available to the attorney general or a district attorney, or available to the department under the Motor Carrier Act. K. It is an unfair and deceptive trade practice under the Unfair Practices Act for any transportation service carrier or its agent, employee or contract driver to charge or collect a predatory rate or to undertake a predatory practice in the provision of transportation services. The attorney general or a person who has been damaged or who is likely to be damaged as the result of a predatory rate or practice may bring an action pursuant to the Unfair Practices Act against the transportation service carrier regarding the predatory rate or practice. Any civil action shall be in addition to, and shall not bar, any investigation or civil or criminal enforcement action regarding the predatory rate or practice available to the attorney general or a district attorney, or available to the department under the Motor Carrier Act. Laws 2003, ch. 359, § 33; 2013, ch. 73, § 29; 2013, ch. 77, § 29; 2023, ch. 100, § 59.

NMSA 1978, § 65-2A-34 Actions to enforce department orders

65-2A-34. Actions to enforce department orders If a person fails to comply with an order of the department within the time prescribed in the order or within thirty days after the order is entered, whichever is later, unless a stay has been granted, the department shall seek enforcement of the order in the district court for Santa Fe county. The enforcement hearing shall be held on an expedited basis. At the hearing, the sole question shall be whether the person has failed to comply with the order. Laws 2003, ch. 359, § 34; 2023, ch. 100, § 60.

NMSA 1978, § 65-2A-35 Appeal to supreme court

65-2A-35. Appeal to supreme court A. A motor carrier or other interested person aggrieved by a final order or determination of the department issued pursuant to the Motor Carrier Act may appeal to the supreme court within thirty days. The appellant shall pay to the department the costs of preparing and transmitting the record to the court. B. The pendency of an appeal shall not automatically stay the order appealed from. The appellant may petition the department or the supreme court for a stay of the order. C. The appeal shall be on the record of the hearing before the department and shall be governed by the appellate rules applicable to administrative appeals. The supreme court shall affirm the department's order unless it is: (1) arbitrary, capricious or an abuse of discretion; (2) not supported by substantial evidence in the record; or (3) otherwise not in accordance with law. Laws 2003, ch. 359, § 35; 2023, ch. 100, § 61.

NMSA 1978, § 65-2A-36 Fees

65-2A-36. Fees A. The department shall establish in rule reasonable fees: (1) for filing an application for a certificate or an application for an amendment of a certificate, or for any protest or permissive intervention in regard to such application; (2) for filing an application for a warrant; (3) for filing an application or motion for temporary authority; (4) for filing an application for a change in a tariff for a tariffed service carrier; (5) for filing an application for lease or transfer of a certificate, or for any protest or permissive intervention in regard to such application; (6) for filing an application for reinstatement of a certificate following voluntary or involuntary suspension; (7) for filing an application for voluntary suspension of a certificate; (8) for filing an application for a single trip ticket; (9) for filing a change in the legal name of any holder of an operating authority, or a change of business trade name or the addition or deletion of a business trade name of any holder or lessee of an operating authority; (10) for filing an equipment lease; (11) for a miscellaneous filing; (12) for certifying copies of a record, order or operating authority, the charge per page provided by law for governmental agencies; (13) for copies of written department documents or records, the charge per page provided by law for governmental agencies, in addition to any applicable certification charge; and (14) for copies of other department records, including electronic media, an amount set by the department, in addition to any applicable certification charge. B. The fees established by the department pursuant to Subsection A of this section shall not exceed the actual cost of processing the application or providing the administrative service. C. The secretary of state shall charge and collect a fee of four dollars ($4.00) for each process from a court served upon the secretary of state as the designated agent for service of process by operation of law. D. The "motor transportation fee fund" is created in the state treasury. The department shall collect all fees at the time an application is filed or service is provided, and shall remit them to the state treasurer, who shall deposit them in the fund. At the end of each month, the state treasurer shall transfer the unencumbered balance in the fund to the state road fund. E. If a fee has been erroneously paid, the person having paid the fee may apply for a refund in writing to the department no later than sixty days after the erroneous payment. Upon approval of the application by the department, the amount erroneously paid shall be refunded from the motor transportation fee fund to the person who made the payment. F. An application shall be fully completed within sixty days or the fee submitted with the application shall be forfeited to the state. If the applicant renews the application, the applicant shall pay the applicable fee. Laws 2003, ch. 359, § 36; 2013, ch. 73, § 30; 2013, ch. 77, § 30; 2023, ch. 100, § 62.

NMSA 1978, § 65-2A-37 Electronic filing and certification of documents; electronic payment of fees

65-2A-37. Electronic filing and certification of documents; electronic payment of fees A. The department may adopt rules permitting the electronic filing, submission and service of documents by facsimile, electronic mail or other electronic transmission, including original documents, and the certification of electronically filed documents when filing or certification is required or permitted pursuant to the Motor Carrier Act. The rules shall provide for the appropriate treatment of electronic filings to satisfy requirements for original documents or copies and shall provide the requirements for signature with respect to electronic filings. If the department accepts electronic filing of a document, it may accept for filing a document containing a signature line, however made. B. The department may accept a credit or debit card or other means of payment, in lieu of cash or check, as payment of a fee pursuant to the Motor Carrier Act. The department shall determine those credit or debit cards or other means of payment that may be accepted for payment. Laws 2003, ch. 359, § 37; 2013, ch. 73, § 31; 2013, ch. 77, § 31; 2023, ch. 100, § 63.

NMSA 1978, § 65-2A-38 Exemptions

65-2A-38. Exemptions The Motor Carrier Act shall not apply to: A. school buses, provided that school buses shall be subject to applicable school bus safety provisions established by the state transportation director; B. United States mail carriers, unless they are engaged in other business as motor carriers of persons or household goods; C. hearses, funeral coaches or other motor vehicles belonging to or operated in connection with the business of a funeral service practitioner licensed by the state; D. a county or municipal public bus transportation system; E. private carriers; or F. commuter services. Laws 2003, ch. 359, § 38; 2013, ch. 73, § 32; 2013, ch. 77, § 32; 2017, ch. 109, § 4.

NMSA 1978, § 65-2A-39 Effect on municipal powers

65-2A-39. Effect on municipal powers Nothing contained in the Motor Carrier Act shall be construed: A. to limit or restrict the police jurisdiction or power of a municipality over its streets, highways and public places except as otherwise provided by law; B. in respect to matters other than rates and service regulations, to repeal a power of a municipality: (1) to adopt and enforce reasonable police regulations and ordinances in the interest of the public safety, morals and convenience; or (2) to protect the public against fraud, imposition or oppression by motor carriers within their respective jurisdiction. Laws 2003, ch. 359, § 39.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18568/index.doFetched: 10/20/2026