SENATE BILL 244

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Michael S. Sanchez

AN ACT

RELATING TO MOTOR CARRIERS; ALLOWING COUNTIES AND MUNICIPALITIES TO RECEIVE CERTIFICATES FOR COMPENSATED INTRASTATE AMBULANCE SERVICE.

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

     Section 1. Section 65-2A-8 NMSA 1978 (being Laws 2003, Chapter 359, Section 8) is amended to read:

     "65-2A-8. CERTIFICATES FOR INTRASTATE COMMON MOTOR CARRIERS OF PERSONS.--

          A. A common motor carrier of persons shall not provide compensated intrastate transportation in the state without a certificate from the commission.

          B. Except as provided in this section, the commission shall issue a certificate allowing a person to provide compensated intrastate transportation as a common motor carrier of persons after notice and public hearing requirements are met, if:

                (1) the person is fit, willing and able to provide the transportation service to be authorized by the certificate;

                (2) the person is in compliance with the safety and financial responsibility requirements of the Motor Carrier Act, the rules of the commission and other applicable federal and state laws and rules; and

                (3) 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.

          C. Before granting a certificate to an intrastate common motor carrier of persons, the commission shall consider the effect that issuance of the certificate would have on existing motor carriers; provided that the commission shall not find diversion of revenue or traffic from an existing motor carrier to be, in and of itself, sufficient grounds for denying the certificate.

          D. The commission shall issue a certificate allowing a county or municipality to provide compensated intrastate ambulance services within its own boundaries upon a showing that the county or municipality is in compliance with the safety and financial responsibility requirements of the Motor Carrier Act, the rules of the commission and other applicable federal and state laws and rules.

          [D.] E. A certificate issued by the commission to an intrastate common motor carrier of persons shall specify the:

                (1) service to be rendered;

                (2) territory to be served; and

                (3) reasonable terms, conditions and limitations as the public convenience and necessity may require; and, if necessary:

                     (a) terminals between which service is to be provided; or

                     (b) routes, schedules and intermediate and off-route points on the route for regular route service."

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