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AN ACT

RELATING TO MOTOR TRANSPORTATION; AMENDING THE DEFINITION OF

"INCIDENTAL CARRIER" TO INCLUDE A VEHICLE THAT HOLDS SIXTEEN

PASSENGERS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 65-2A-3 NMSA 1978 (being Laws 2003,

Chapter 359, Section 3, as amended) is amended to read:

"65-2A-3. DEFINITIONS.--As used in the Motor Carrier

Act:

A. "amendment" means a permanent change in the

type of service or territory authorized by an existing

certificate or permit;

B. "antitrust laws" means the laws of this state

relating to combinations in restraint of trade;

C. "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 single state registration system;

D. "cancellation" means the voluntary, permanent

termination of all or part of an operating authority;

E. "certificate" means the operating authority

issued by the commission to intrastate common motor carriers

of persons or household goods;

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F. "change in a certificate or permit" means the

amendment, cancellation, change in tariff, change in form of

ownership, lease, reinstatement, transfer or voluntary

suspension of a certificate or permit;

G. "change of name" means a change in the legal

name of the owner of an operating authority or in the does-

business-as name of the motor carrier, but does not include a

change in the form of ownership;

H. "commission" means the public regulation

commission;

I. "common control" means control of more than one

operating authority of the same kind for the same or

overlapping territory;

J. "common motor carrier" means a person offering

compensated transportation by motor vehicle to the general

public, whether over regular or irregular routes, or under

scheduled or unscheduled service, but does not include

commuter services;

K. "common tariff" means a tariff applying to two

or more common motor carriers;

L. "commuter service" means a person who provides

seven- to fifteen-passenger motor vehicles to a volunteer-

driver commuter group that shares rides to and from the

workplace or training site, where participation is open to the

public and incidental to the primary work or training-related

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purposes of the commuter group, and where the volunteer

drivers have no employer-employee relationship with the

commuter service;

M. "contract motor carrier" means a person

offering compensated transportation by motor vehicle under

individual agreements with particular customers or shippers;

N. "control" means the power to direct or cause

the direction of the management and policies of a motor

carrier deriving from:

(1) ownership of a sole proprietorship, if

the operating authority is held by an individual as a sole

proprietor;

(2) ownership of ten percent or more of the

voting stock of the corporation, if the operating authority is

held by a corporation;

(3) a partnership interest in a general

partnership, if the operating authority is held by a general

partnership;

(4) an interest in a limited partnership of

ten percent or more of the total value of contributions made

to the limited partnership, or entitlement to ten percent or

more of the profits earned or other compensation paid by the

limited partnership, if the operating authority is held by a

limited partnership;

(5) a membership interest of ten percent or

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more in a limited liability company, if the operating

authority is held by a limited liability company; or

(6) capacity as a trustee, personal

representative or other person with a fiduciary duty to a

motor carrier;

O. "electronic filing" means submission of a

document by facsimile, electronic mail or other electronic

transmission;

P. "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;

Q. "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;

R. "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 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

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are paid to the carrier by, the householder;

S. "incidental carrier" means a motor carrier of

persons that transports passengers using vehicles designed to

transport sixteen or more passengers, including the driver,

and for which the customer pays either directly or indirectly;

T. "interested person" means a motor carrier

operating over the routes or in the territory involved in an

application or grant of temporary authority, a person affected

by a rule proposed for adoption by the commission or a person

the commission may deem interested in a particular matter;

U. "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;

V. "intrastate motor carrier" means a person

providing compensated transportation by motor vehicle between

points and places in the state;

W. "involuntary suspension" means the temporary

cessation of use of all or part of an operating authority

ordered by the commission for cause for a stated period of

time or pending compliance with certain conditions;

X. "irregular route" means that the route to be

used by a motor carrier is not restricted to a specific

highway within the territory the motor carrier is authorized

to serve;

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Y. "lease of a certificate or permit" means an

agreement by which the owner of a certificate or permit grants

to another the exclusive right to use all or part of the

certificate or permit for a specified period of time in

exchange for consideration;

Z. "lease of equipment" means an agreement whereby

a motor carrier obtains equipment owned by another for use by

the motor carrier in the exercise of its operating authority;

AA. "motor carrier" means a person offering

compensated transportation of persons or property by motor

vehicle, whether in intrastate or interstate commerce;

BB. "motor carrier organization" means an

organization approved by the commission to discuss and propose

a common tariff for a group of motor carriers or to represent

motor carriers that have adopted the common tariff;

CC. "motor carrier of persons" means a person who

provides compensated transportation of persons on a highway in

the state;

DD. "motor 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 or persons, but does not include a vehicle,

locomotive or car operated exclusively on rails;

EE. "nonconsensual tow" means the compensated

transportation of a motor vehicle by a towing service, if such

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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;

FF. "operating authority" means a certificate,

permit, warrant, single trip ticket, single state registration

receipt or temporary authority issued by the commission to a

motor carrier;

GG. "permit" means the operating authority issued

by the commission to intrastate contract motor carriers of

persons or household goods;

HH. "process" means an order, subpoena or notice

issued by the commission or an order, subpoena, notice, writ

or summons issued by a court;

II. "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;

JJ. "protest" means a document filed with the

commission by an interested person that expresses an objection

to a matter before the commission;

KK. "rate" means a form of compensation charged,

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whether directly or indirectly, by a person for a

transportation service subject to the jurisdiction of the

commission;

LL. "record" means an account, correspondence,

memorandum, tape, disc, paper, book or transcribed information

regarding the operation of a motor carrier;

MM. "registration year" means a calendar year;

NN. "regular route" means a route used by a motor

carrier within the territory in which the motor carrier is

authorized to serve that is fixed by its operating authority;

OO. "revocation" means the involuntary, permanent

termination of all or part of an operating authority ordered

by the commission for cause;

PP. "shipper" means a person who consigns or

receives goods for transportation;

QQ. "single state registration receipt" means the

document issued annually to a motor carrier operating in

interstate commerce evidencing that proof of financial

responsibility and safety has been filed with the base state

and that the annual per vehicle fees have been paid for that

registration year;

RR. "tariff" means a document filed by a motor

carrier of persons or household goods or a towing service

performing nonconsensual tows that has been approved by the

commission and sets forth the transportation services offered

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by the motor carrier to the general public, including the

rates, terms and conditions and applicable time schedules

relating to those services, including a common tariff;

SS. "taxicab service" means a common motor carrier

engaged in unscheduled passenger transportation in a motor

vehicle having a capacity of not more than eight passengers,

including the driver, not operated on a regular route or

between specified places, and that:

(1) is licensed as a taxicab service by a

state or local jurisdiction; or

(2) if not licensed or regulated by a state

or local jurisdiction as a taxicab service, is offered by a

person that:

(a) provides local transportation for a

fare determined, except with respect to transportation to or

from airport, train or bus terminals, primarily on the basis

of the distance traveled; and

(b) does not primarily provide

transportation to or from one or more airport, train or bus

terminals;

TT. "terminal shuttle service" means a common

motor carrier engaged in passenger transportation service

that:

(1) is prearranged by contract or operated

by hire on a regular route, allowing for deviation to pick up

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or drop off passengers, between specified or generally

specified points; and

(2) primarily provides transportation to or

from one or more airport, train or bus terminals but may also

provide for intermediate pickup or departure of passengers;

UU. "towing services" means the use of specialized

equipment, including repossession services using towing

equipment, to transport:

(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;

VV. "transfer of a certificate or permit" means a

permanent conveyance of all or part of a certificate or

permit;

WW. "transfer by operation of law" means that the

ownership of or interest in a certificate or permit passes to

another by application of established rules of law;

XX. "voluntary suspension" means the commission-

authorized cessation of use of all or part of a certificate or

permit at the request of the motor carrier for a specified

period of time;

YY. "warrant" means the operating authority issued

by the commission to charter services, towing services,

commuter services and motor carriers of property; and

ZZ. "weight-bumping" means the knowing and willful

statement of a fraudulent weight on a shipment of household

goods."

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