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SPONSOR: |
Silva |
DATE TYPED: |
|
HB |
880/aHTC/aHJC |
||
|
SHORT TITLE: |
Motor Carrier Act |
SB |
|
||||
|
|
ANALYST: |
Gilbert |
|||||
REVENUE
|
Estimated Revenue |
Subsequent Years Impact |
Recurring or
Non-Rec |
Fund Affected |
|
|
FY03 |
FY04 |
|
|
|
|
|
$0.1
See Narrative |
$0.1
See Narrative |
Recurring |
General
Fund |
(Parenthesis ( ) Indicate Revenue Decreases)
Duplicate SB 698
LFC Files
Response
Received From
Public
Regulation Commission (PRC)
SUMMARY
Synopsis of HJC Amendment
House
Judiciary Committee amendment to House Bill 880 clarifies that, in compliance
with the Motor Carrier Act, the commission shall not implement safety
requirements that are inconsistent with or more stringent than applicable
federal safety standards.
HB
880/aHJC also removes language from the original bill that would have amended
NMSA 1978, § 66-7-413(M) to only require motor carriers of manufactured homes
to maintain warrants or single state registration receipts as evidence of
certain insurance requirements. With this amendment, all motor carriers
requesting oversize permits would need to maintain warrants or single state
registration receipts as evidence of insurance.
Synopsis
of HTC Amendment
The
House Transportation Committee amendment to House Bill 880 provides detailed
definitions for “taxicab service” and “terminal shuttle service”.
Section
16. [new material] interstate motor carriers is amended as follows:
D.
Compliance by an interstate motor carrier with the provisions of the federal Intermodal
Surface Transportation Efficiency Act of 1991 shall not authorize a carrier to
provide intrastate transportation services in
(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.".
Section 38(D), pertaining to exemptions to the Motor Carrier
Act, is amended to only exempt county and municipal bus transportation systems
Synopsis of Original Bill
House Bill 880 enacts a new Motor Carrier Act and repeals
provisions of the current Act NMSA 1978, § 65-2-80 through NMSA 1978, §
65-2-127 and NMSA 1978, § 65-4-1 through NMSA 1978, § 65-4-18. The purpose of
this bill is to comply with Federal preemption of former Public Regulation
Commission (PRC) responsibilities relating to property carriers, clean-up
language in the current Motor Carrier Act, make this Act consistent with the
PRC Act, and to make needed revisions to the current Act.
Significant Issues
Key provisions of HB 880 (new Motor Carrier Act) are outlined below:
q Deletes
sections of the former Act pertaining to regulation of motor carriers of
property where authority for such regulation has been preempted by the Federal
government.
q Creates
a new type of operating authority (warrant) for motor carriers over which the
PRC has limited authority.
q Adds
authority for the PRC to suspend without notice or a hearing the operation
authority of a motor carrier for failure to maintain appropriate insurance
coverage or for violation of any safety requirement that would endanger public
health or safety.
q Adds
authority for the Motor Transportation Division to immediately order a motor
carrier, without notice or a hearing, to take a vehicle out of service for violation
of any safety requirements of Federal or state law or rules that would endanger
the public health or safety.
q Simplifies
terminology by changing certificates of public convenience and necessity to
“certificate” and certificate of registration to ‘warrant”.
q Clarifies
that the PRC has authority to issue certificates and permits without a hearing
if no person protests the application and staff does not request a hearing.
q Adds
provisions to permit electronic filing of documents and electronic payment of
fees.
q Adds
requirements that motor carriers applying for temporary authority have a
complete application for permanent authority or for a change in their authority
pending before the PRC.
q Adds
provisions for compensation of witnesses appearing before the PRC pursuant to a
subpoena.
FISCAL
IMPLICATIONS
The PRC states that adoption of this bill will result in a small increase in revenue associated with a new $25 fee for warrant applications.
ADMINISTRATIVE
IMPLICATIONS
This
bill would clarify and streamline PRC responsibilities under the Motor Carrier
Act.
OTHER
SUBSTANTIVE ISSUES
A PRC prepared side-by-side comparison of the current Motor Carrier Act and significant provisions of the proposed Act is attached.
RLG/yr
Attachment
ATTACHMENT HB 880
PUBLIC REGULATION COMMISSION
2003 LEGISLATION MOTOR CARRIER ACT REWRITE
and Dave Baca 827-4048
F = Make consistent w/ Federal
preemption
C = Clean up of previously archaic language
M= Make consistent with PRC
Act or streamline
N= No change
A = Additions/Amendments to Motor Carrier Act
I.
OF LAWS TO REPEAL
SECTION DESCRIPTION STATUS PROPOSED CHANGE
|
65-2-80 to 65-2-127 |
Motor Carrier Act |
Repeal and replace |
New Motor Carrier Act proposed-F,C,M,N,P,A |
|
65-4-1 to 65-4-18 |
Motor Carrier Transportation Agents |
Repealed, but not replaced |
Not applicable-F |
II.
COMPARISON OF CURRENT AND PROPOSED MOTOR CARRIER LAW
CURRENT
SECTION DESCRIPTION NEW SECTION PROPOSED CHANGE
|
65-2-80 |
Short title |
65-2-128 |
Same as previous section. |
|
65-2-81 |
Declaration of Policy |
65-2-129 |
Essentially the same as previous section. |
|
65-2-82 |
Definitions |
65-2-130 |
Many definitions changed, either modified, deleted, or added; “broker” eliminated-F, “certificate”-modified-F, “clerk”-M , “commission”-N, “common motor carrier”-C,F,P, “contract motor carrier”-C,F,P, “farm carrier”-C,F, “highway”-C, “household goods”-C,F, “interested parties”-C, “irregular route”-N, “lease”-, “license”-C, “motor carrier”-F,C,P, “motor vehicle”-F, “permit”-F,C,P ,“person”-eliminated, “regular route”-C, “services”-C, “transportation”-eliminated, in substantive part of Motor Carrier Act, “shipper”,-N, “single-line rate”-eliminated, in substantive parte of Motor Carrier Act, “state”-eliminated, “towing company”-changed to towing services, “weight bumping” –C. POLICY QUESTION: Whether the definition of “commuter service” should be broadened to eliminate the requirement that the volunteer drivers determine the daily vanpool route and that the route generally begin at home and end at the individual workplace or training site? POLICY QUESTION: Whether the commission should require farm carriers to obtain a warrant instead of a certificate of registration? (This would be accomplished by listing the commodities carried under the current definition of “farm carriers” (requires a certificate of registration) under the definition of “property” (would require a warrant).) POLICY QUESTION: Whether the exemption from obtaining any authority from the commission in current law applicable to motor vehicles being used in the transportation of, or carrying a cargo consisting exclusively of, unprocessed farm products as a part of harvesting from the place of production to market or to storage or to a processing plant, be restricted to farmers only? POLICY QUESTION: Whether the commission should no longer require vehicle escort services to hold authority from the commission? (Same as POLICY QUESTION under § 66-7-413 below.) |
|
65-2-83 |
Powers and duties of commission |
65-2-131 |
POLICY QUESTION: Whether, unlike the current motor carrier act, the new motor carrier act should explicitly state that the Commission regulates safety? (§ 63-7-1.1 currently contains explicit safety requirement.) |
|
65-2-84 |
Certificate of convenience and necessity; requirement; standards for issuance |
65-2-135, -136 |
F, C, M |
|
65-2-85 |
Certificate of convenience and necessity; application; hearing and notice; protests |
65-2-132, -133, & -135 |
F, C, M |
|
65-2-86 |
Certificate of convenience and necessity; terms and conditions; removal of certain restrictions |
65-2-131, -137 |
F, C, M |
|
65-2-87 |
Permit; requirement; standards for issuance; contracts to be filed |
65-2-137, -139 |
F, C, M |
|
65-2-88 |
Permit; application; hearing and notice; protests |
65-2-132, -133, & -140 |
F, C, M |
|
65-2-89 |
Permit terms and conditions; not limit on number of contracts |
65-2-131, & -137 |
F , C, M |
|
65-2-90 |
Common carriers and contract carriers; dual authority to transport property |
65-2-137, -142 |
F, C, M |
|
65-2-91 |
Motor carrier brokers for transportation of property; license required; standards for issuance; rules and regulations; commission authority; exemptions |
None |
Proposed to be repealed-F. |
|
65-2-92 |
Suspension, revocation or amendment of certificates, permits and licenses |
65-2-141, -154 |
F, C, M POLICY QUESTION: Whether the Commission should be given the authority to immediately suspend, without notice or a public hearing, the operating authority of any motor carrier for failure to maintain appropriate insurance for violation of any safety requirement of the motor carrier act, the commission’s rules, or the rules of the motor transportation division of the department of public safety if such violation would endanger the public health or safety? POLICY QUESTION: Whether the commission may, at the request of the owner, change the form of ownership of a certificate of public convenience or necessity or contract carrier permit without notice or hearing? |
|
65-2-93 |
Transfers of certificates, permits and licenses |
65-2-141 |
C, M POLICY QUESTION: Whether in a transfer of a certificate of public convenience and necessity or contract carrier permit, the transferee should be required to buy the operating equipment of the transferor? POLICY QUESTION: Whether the commission may at the request of the owner reinstate a certificate of public convenience or necessity or contract carrier permit following voluntary suspension without notice or hearing? |
|
65-2-94 |
Power to grant temporary authority; notice to authorized carriers; hearings; requirements |
65-2-138 |
POLICY QUESTION: Whether an applicant for temporary authority should be required to have a complete application for permanent authority pending before the Commission in order for the Commission to grant the temporary authority? |
|
65-2-95 |
Household goods agents; responsibilities of carriers; complaints; investigations; hearing and notice; compliance; antitrust exemption |
65-2-152 |
C |
|
65-2-96 |
Establishment of just and reasonable rates and practices; joint rate; through routes; unreasonable preferences; suspension; complaints; rate standards |
65-2-148 |
C, M |
|
65-2-97 |
Filing of tariffs; deviations and refunds prohibited; tariff changes |
65-2-141, -147 |
C, M |
|
65-2-98 |
Motor carrier agreements; commission approval; requirement; antitrust immunity; termination |
65-2-150 |
C, M |
|
65-2-99 |
Rates; liability based on value |
65-2-152 |
C, M |
|
65-2-100 |
Motor carriers of property; receipts |
65-2-152 |
C, M |
|
65-2-101 |
Annual reports; access to information; production of information |
65-2-156 |
C, M POLICY QUESTION: Whether the commission should have the authority to collect financial information as part of the annual report? POLICY QUESTION: If the commission is given the authority to collect financial information, whether the public should have access to such financial information? |
|
65-2-102 |
Household goods carrier operations; regulatory requirements; protection of individual shippers; performance standards; estimates; weighing |
65-2-152 |
C, M |
|
65-2-103 |
Household goods rates; estimates; guarantees of service |
65-2-152 |
C, M |
|
65-2-104 |
Household goods carriers; dispute settlement programs; commission approval; requirements; attorney’s fees |
65-2-153 |
C, M POLICY ISSUE: Whether voluntary dispute settlement programs should apply to all household carrier disputes instead of only in the case of collect-on-delivery transportation of household goods? |
|
65-2-105 |
Leasing of motor vehicle equipment; commission approval; appearance before commission; circumvention of laws or regulations |
65-2-151 |
C, M POLICY ISSUE: Whether the new motor carrier act should contain a provision which requires the commission to specify by rule which of the two parties to a motor vehicle lease will be responsible for complying with financial responsibility and safety requirements? |
|
65-2-106 |
Witnesses; fees and charges; attendance and testimony required; production of documents required; compelling attendance and testimony, oaths; certifications; subpoenas; service; quorum; investigation; taking testimony |
65-2-158 |
C, M POLICY QUESTION: Whether witnesses appearing before the commission pursuant to a subpoena should be compensated as provided under the courts of this state? |
|
65-2-107 |
Time schedules; approval by commission; failure to adhere to schedules; compliance with maximum speed limits |
65-2-149 |
C, M |
|
65-2-108 |
Discontinuance of seasonal operations; posting notice; abandonment of service; notice to commission; cancellation of certificate |
65-2-141 |
C, M |
|
65-2-109 |
Special rates for students and senior citizens; free transportation prohibited; exceptions |
65-2-157 |
C, M |
|
65-2-110 |
Financial responsibility; ticket reclaim bonds; C.O.D. bonds; public liability and property damage; cargo liability and interchange charge liability bonds or insurance policies; self-insurance; amounts; considerations |
65-2-145 |
C, M |
|
65-2-111 |
Agent for service of process |
65-2-155 |
C, M |
|
65-2-112 |
Motor transportation division to furnish field information |
65-2-156 |
C, M |
|
65-2-113 |
Expenditures for administration |
None |
Proposed to be repealed-F. |
|
65-2-114 |
Police powers for inspectors |
65-2-131 |
C, M |
|
65-2-115 |
Interstates carriers; certificate of registration; procedure |
65-2-134, -143 |
C, M |
|
65-2-115.1 |
Interstate carriers; establishment of single state registration system |
65-2-134, -143 |
C, M |
|
65-2-116 |
Farm carriers; registration; commission jurisdiction; applicability; exemptions |
65-2-139 |
C, M |
|
65-2-117 |
Orders to discontinue, rectify or prevent violations; administrative penalties; continuing violations; penalties cumulative; actions to recover fines |
65-2-159 |
C,M POLICY QUESTION: Whether motor carriers of persons should also be liable for administrative fines of up to $10,000 for knowingly utilizing a motor carrier not properly authorized by the commission? (Currently, only shippers are liable.) |
|
65-2-118 |
Written orders; publication (repealed effective |
None |
Not re-adopted |
|
65-2-119 |
Effective date of orders (repealed effective |
None |
Not re-adopted |
|
65-2-120 |
Appeal to supreme court |
65-2-162, 63-7-1.1 |
N |
|
65-2-121 |
Criminal penalties; false statements; false reports; false entries; commission employee divulging information; weight-bumping; other violations; civil penalties for household goods violations; arrest and prosecution of violators |
65-2-160 |
N |
|
65-2-122 |
Prior certificates and permits |
65-2-167 |
C, M |
|
65-2-123 |
Enforcement of orders |
65-2-117, -131 |
C, M |
|
65-2-124 |
Effect on interstate and foreign commerce |
None |
Not needed |
|
65-2-125 |
Fees; refunds; disposition of receipts; forfeiture of deposits |
65-2-163 |
C,M POLICY QUESTION: Whether the Commission should collect a $25 fee for warrant applications? |
|
65-2-125.1 |
Administration of fee collection and distribution |
None |
Propose to repeal |
|
65-2-126 |
Exemptions |
65-2-144, -165 |
C, M |
|
65-2-127 |
Effect on municipal powers |
65-2-166 |
C, M |
III.
OF ADDITIONAL MOTOR CARRIER ACT SECTIONS TO ENACT
CURRENT
SECTION DESCRIPTION NEW SECTION PROPOSED CHANGE
|
None |
Use of equipment for common and contract motor carriage |
65-2-137 F |
POLICY ISSUE: Whether common and contract motor carriers may share equipment as long as common motor carrier service does not suffer? (Currently, contract motor carriers required to dedicate equipment to the contract and may not use that equipment in the provision of common motor carriage.) |
|
None |
Warrants |
65-2-139 |
POLICY ISSUE: Whether motor carriers of property, commuter services, charter services, and towing services should be required to obtain a warrant as proof of compliance with safety and financial responsibility? POLICY ISSUE: Whether warrants should be cancelled if the owner fails to operate under the warrant for twelve consecutive months? |
|
None |
Safety requirements for motor vehicles and drivers used in compensated transportation |
65-2-146 |
POLICY ISSUE: Whether the Commission should have authority to prescribe safety and driver requirements for motor vehicles weighing 26,000 pounds or less or carrying 15 or fewer persons (including the driver) used by intrastate motor carriers? (No other state or federal agency has the authority to prescribe safety and driver requirements over this class of drivers and vehicles.) |
|
None |
Electronic filing and certification of documents; electronic payment of fees |
65-2-164 |
POLICY ISSUE: Whether the new motor carrier act should contain provisions that allow for rules that provide for electronic filing and certification and electronic payment of fees? |
|
None |
Transition |
65-2-167 |
|
|
None |
Effective date |
Section to be assigned by Legislative Council Service |
Propose effective date of |
IV.
OF REVISIONS TO OTHER MOTOR CARRIER LAWS
CURRENT
SECTION DESCRIPTION NEW SECTION PROPOSED CHANGE
|
65-1-6 |
Field enforcement of motor carrier act and regulations |
Same |
C, M POLICY ISSUE: Whether the motor transportation division of the department of public safety should be required to enforce in the field the motor carrier act and rules promulgated under that act? |
|
66-7-413 |
Permits for excessive size and weight; special notification required on movement of manufactured homes |
Same |
C, M POLICY ISSUE: Whether as a reflection of federal preemption of intrastate regulation of property, escort vehicles should no longer be required to hold authority from the commission? |
|
66-8-116.2 |
Penalty assessment misdemeanors; motor carrier act |
Same |
Refer to currently issued authority from commission as finable offense-F |